`
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`KOSS CORPORATION
`Patent Owner
`
`
`
`
`
`
`
`
`
`
`
`
`Case IPR2021-00592
`Patent 10,469,934
`
`
`
`
`
`
`
`
`
`
`
`
`PETITIONER’S UNOPPOSED MOTION TO SEAL
`
`
`
`Case IPR2021-00592
`Attorney Docket No: 50095-0018IP1
`
`
`
`Pursuant to 37 C.F.R. §§ 42.14 and 42.54, Petitioner Apple Inc. respectfully
`
`requests the Board to authorize the filing under seal of certain filings in this case,
`
`including the Joint Agreement Regarding Additional Discovery filed concurrently
`
`herewith. The parties have met and conferred on this Motion, and Patent Owner
`
`does not oppose.
`
`Petitioner requests that the default Protective Order govern the materials in
`
`this proceeding. Pursuant to the Trial Practice Guide, 77 Fed. Reg. 48,756, 48,770,
`
`a copy of the acknowledgement page of the default Protective Order signed by
`
`Lead Counsel of Petitioner is attached hereto as Attachment A.
`
`Good cause exists to seal the Joint Agreement Regarding Additional
`
`Discovery. Public disclosure of the Joint Agreement Regarding Additional
`
`Discovery has the potential to significantly harm Petitioners’ competitive position
`
`because it would allow competitors to access highly sensitive information
`
`regarding litigation strategy and Petitioners’ financial data. For these reasons,
`
`Petitioner has designated the Confidential Materials as “Protective Order Material”
`
`under the default Protective Order.
`
`Undersigned counsel, on behalf of Petitioner, certifies that the information
`
`sought to be sealed has not, to their knowledge, been published or otherwise made
`
`public by Petitioner.
`
`2
`
`
`
`
`
`
`
`
`
`
`
`Date: December 15, 2021
`
`
`
`
`
`
`
`
`
`Case IPR2021-00592
`Attorney Docket No: 50095-0018IP1
`Respectfully submitted,
`
`
`
` /W. Karl Renner/
`W. Karl Renner, Reg. No. 41,265
`David L. Holt, Reg. No. 65,161
`Joel A. Henry, Reg. No. 72,970
`Fish & Richardson P.C.
`3200 RBC Plaza, 60 South Sixth Street
`Minneapolis, MN 55402
`T: 202-783-5070
`F: 877-769-7945
`
`3
`
`
`
`Case IPR2021-00592
`Attorney Docket No: 50095-0018IP1
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 CFR § 42.6(e), the undersigned certifies that on December
`
`
`
`15, 2021, a complete and entire copy of this Petitioner’s Unopposed Motion to Seal
`
`was provided via email, to the Patent Owner by serving the correspondence
`
`addresses of record as follows:
`
`
`
`
`
`
`
`
`
`Mark G. Knedeisen
`Laurén S. Murray
`Brian P. Bozzo
`K&L Gates LLP
`K&L Gates Center
`210 Sixth Avenue
`Pittsburgh, PA 15222
`
`Email: mark.knedeisen@klgates.com
`Email: lauren.murray@klgates.com
`Email: brian.bozzo@klgates.com
`
`
`
`
`
`/Crena Pacheco/
`Crena Pacheco
`Fish & Richardson P.C.
`60 South Sixth Street, Suite 3200
`Minneapolis, MN 55402
`(617) 956-5938
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`4
`
`
`
`Case IPR2021-00592
`Attorney Docket No: 50095-0018IP1
`
`
`
`
`
`
`
`
`
`Attachment A
`
`5
`
`
`
`
`
`
`
`
`
`
`
`
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`KOSS CORPORATION
`Patent Owner
`
`
`
`
`
`
`Case IPR2021-00592
`Attorney Docket No: 50095-0018IP1
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`
`
`
`Case IPR2021-00592
`Patent 10,469,934
`
`
`
`
`
`
`Standard Acknowledgment for Access to Protective Order Material
`I, W. Karl Renner, affirm that I have read the Protective Order; that I will
`
`abide by its terms; that I will use the confidential information only in connection
`
`with this proceeding and for no other purpose; that I will only allow access to
`
`support staff who are reasonably necessary to assist me in this proceeding; that
`
`prior to any disclosure to such support staff I informed or will inform them of the
`
`6
`
`
`
`Case IPR2021-00592
`Attorney Docket No: 50095-0018IP1
`requirements of the Protective Order; that I am personally responsible for the
`
`requirements of the terms of the Protective Order and I agree to submit to the
`
`jurisdiction of the Office and the United States District Court for the Eastern
`
`District of Virginia for purposes of enforcing the terms of the Protective Order and
`
`providing remedies for its breach.
`
`
`
`Date: December 15, 2021
`
`
`
` /W. Karl Renner/
`
`
`
`
`
`W. Karl Renner, Reg. No. 41,265
`Fish & Richardson P.C.
`3200 RBC Plaza, 60 South Sixth Street
`Minneapolis, MN 55402
`T: 202-783-5070
`F: 877-769-7945
`
`
`Attorney for Petitioner
`
`
`
`7
`
`