UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`MICRON TECHNOLOGY, INC.,
`Petitioner,
`
`v.
`
`VERVAIN, LLC,
`Patent Owner.
`
`____________________________
`
`Case No.: IPR2021-01547
`U.S. Patent No. 8,891,298
`Original Issue Date: November 18, 2014
`
`Title: LIFETIME MIXED LEVEL NON-VOLATILE MEMORY SYSTEM
`_________________________________________________________________
`
`PETITIONER’S MOTION TO FILE CONFIDENTIAL DOCUMENT
`UNDER SEAL PURSUANT TO 37 C.F.R. §§ 42.145 & 42.54
`_________________________________________________________________
`
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`MICRON TECHNOLOGY, INC.,
`Petitioner,
`
`v.
`
`VERVAIN, LLC,
`Patent Owner.
`
`____________________________
`
`Case No.: IPR2021-01547
`U.S. Patent No. 8,891,298
`Original Issue Date: November 18, 2014
`
`Title: LIFETIME MIXED LEVEL NON-VOLATILE MEMORY SYSTEM
`_________________________________________________________________
`
`PETITIONER’S MOTION TO FILE CONFIDENTIAL DOCUMENT
`UNDER SEAL PURSUANT TO 37 C.F.R. §§ 42.145 & 42.54
`_________________________________________________________________
`
`
`
`
`
`
`
`
`
`Pursuant to 37 C.F.R. §§ 42.14 and 42.54, Petitioner Micron Technology,
`
`Inc. (“Petitioner” or “Micron”) respectfully submits this Motion to Seal and to
`
`enter the Default Protective Order found in Appendix B of the Trial Practice
`
`Guide. Pursuant to the Default Protective Order, Petitioner moves to seal
`
`Petitioner’s Exhibit No. 1063 in its entirety, which is being filed concurrently with
`
`this Motion and Petitioner’s Reply to Patent Owner’s Response.
`
`I.
`
`GOOD CAUSE EXISTS FOR SEALING MICRON’S
`CONFIDENTIAL INFORMATION
`“Under 35 U.S.C. §316(a)(1), the default rule is that all papers filed in an
`
`inter partes review are open and available for access by the public.” A party may
`
`file a motion with the Board to seal confidential information that is protected from
`
`disclosure. Garmin v. Cuozzo, IPR2012-00001, Paper 37, at 3 (P.T.A.B. Apr. 5,
`
`2013). Only “confidential information” is protected from public disclosure.
`
`35 U.S.C. §316(a)(7); Office Trial Practice Guide, 77 Fed. Reg. 48756, 48760
`
`(Aug. 14, 2012). The “standard for granting a motion to seal is ‘for good cause.’”
`
`Id. (quoting 37 C.F.R. §42.54).
`
`As detailed below, good cause exists for sealing Exhibit 1063 under seal
`
`because it contains highly detailed, sensitive, confidential, and non-public
`
`information concerning the design, development, functionality, and operation of a
`
`Micron eMMC product.
`
`
`
`-1-
`
`
`
` Exhibit 1063 – Excerpt of Exhibit 1-eMMC to Vervain’s Final
`Infringement Contentions
`Exhibit 1063 is four pages of a claim chart in which Patent Owner purports
`
`to read claim a limitation of U.S. Patent No. 8,891,298 against a Micron eMMC
`
`product. This excerpt of the claim chart was included as part of Vervain’s
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`infringement contention in the co-pending district court case. The entire Exhibit
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`(other than the recitation of claim l and certain marketing part numbers on the
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`cover page) contains highly detailed, sensitive, confidential, and non-public
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`information concerning the design, development, functionality, and operation of a
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`Micron eMMC product (such as the internal controllers of the eMMC products).
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`In particular, Exhibit 1063 details the operation of Micron’s firmware with respect
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`to wear leveling techniques. Petitioner guards such information closely and has
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`not made, and does not intend to make, this information publicly available.
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`Exhibit 1063 accordingly should be sealed in its entirety pursuant to 37 C.F.R.
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`§ 42.55.
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`II. CERTIFICATION OF NON-PUBLICATION
`To the best of Petitioner’s knowledge, the information sought to be sealed by
`
`this Motion has not been published or otherwise made publicly available.
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`III. PROPOSED PROTECTIVE ORDER
`Petitioner respectfully requests entry of the Default Protective Order found
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`in Appendix B of the Trial Practice Guide. Upon entry of the Default Protective
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`-2-
`
`
`
`Order, Petitioner designates Exhibit No. 1063 in its entirety, as “PROTECTIVE
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`ORDER MATERIAL.”
`
`IV. CERTIFICATION OF CONFERENCE WITH OPPOSING PARTY
`PURSUANT TO 37 C.F.R. § 42.54
`Petitioner has in good faith conferred with Patent Owner, and Patent Owner
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`does not oppose the filing of Petitioner’s Motion to Seal.
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`V. CONCLUSION
`For the foregoing reasons, Petitioner respectfully requests that the Board enter
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`the attached Default Protective Order and seal and protect Petitioner’s confidential
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`information contained in Exhibit No. 1063 for the duration of this proceeding (and
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`thereafter). Petitioner further requests that the Board seal and protect the confidential
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`information in this document until such time as it receives and rules on this Motion.
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`
`
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`Dated: September 30, 2022
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`Respectfully submitted,
`
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`
`
`
`
`
`By:
`Jeremy Jason Lang
`Lead Counsel for Petitioner
`Reg. No. 73,064
`1000 Marsh Road
`Menlo Park, CA 94025-1015
`T: (650) 614-7400
`F: (650) 614-7401
`Email: PTABDocketJJL2@orrick.com
`
`
`-3-
`
`
`
`Christopher Childers
`Reg. No. 75,237
`Columbia Center
`1152 15th Street, N.W.
`Washington, D.C. 20005
`T: (202) 339 8400
`F: (202) 339 8500
`Email: PTABDocketC4C8@orrick.com
`
`Parth Sagdeo
`Reg. No. 71,275
`222 Berkeley Street, Suite 2000
`Boston, MA 02116
`T: (617) 880 1800
`F: (617) 880 1801
`Email: PTABDocketP2S7@orrick.com
`
`Jared Bobrow
`Pro Hac Vice to be submitted
`1000 Marsh Road
`Menlo Park, CA 94025-1015
`T: (650) 614-7400
`F: (650) 614-7401
`Email: PTABDocketJ3B3@orrick.com
`
`Attorneys for Petitioner Micron Technology,
`Inc.
`
`-4-
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies, in accordance with 37 C.F.R. § 42.6(e), that service
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`was made on the PO as detailed below.
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`Date of Service
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`September 30, 2022
`
`Manner of Service
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`Electronic Mail
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`Documents Served
`
`Persons Served
`
`
`
`
`
`PETITIONER’S MOTION TO FILE CONFIDENTIAL
`DOCUMENT UNDER SEAL PURSUANT TO 37
`C.F.R. §§ 42.145 & 42.54;
`Exhibit 1063
`PO’s Counsel of Record
`Alan Whitehurst
`awhitehurst@mckoolsmith.com
`Christopher P. McNett
`cmcnett@mckoolsmith.com
`Arvind Jairam
`ajairam@mckoolsmith.com
`MCKOOL SMITH, P.C.
`1999 K St. NW, Suite 600
`Washington, DC 20006
`
`James E. Quigley
`jquigley@mckoolsmith.com
`MCKOOL SMITH, P.C.
`303 Colorado Street, Suite 2100
`Austin, Texas 78701
`
`Copy: Vervain-Mic-MS@McKoolSmith.com
`
`
`/Karen Johnson/
`Karen Johnson
`
`
`
`
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