`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________
`
`MICRON TECHNOLOGY, INC.,
`Petitioner
`
`v.
`
`VERVAIN, LLC,
`Patent Owner
`_____________
`
`Case: IPR2021-01547
`U.S. Patent No. 8,891,298
`_____________
`
`
`PATENT OWNER’S MOTION TO FILE SUR-REPLY UNDER SEAL
`PURSUANT TO 37 C.F.R. §§ 42.14 & 42.54
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Pursuant to 37 C.F.R. §§ 42.14 and 42.54, Patent Owner, Vervain, LLC
`
`(“Patent Owner”) respectfully submits this Motion to Seal. Pursuant to the Board’s
`
`Default Protective Order found in Appendix B of the Trial Practice Guide, Patent
`
`Owner moves to seal Patent Owner’s Sur-Reply in its entirety, which is being filed
`
`concurrently with this Motion. Patent Owner is filing this Motion out of an
`
`abundance of caution and to comply with 37 C.F.R. § 42.14 due to uncertainty
`
`regarding an issue pertaining to Petitioner Micron’s previously filed Motion to Seal
`
`(Paper No. 23), as noted in Ex. 2021 (email from Patent Owner to Board dated
`
`November 16, 2022). Specifically, as noted in that email, Petitioner moved to seal
`
`Exhibit 1063 due to that exhibit containing Petitioner’s confidential information, but
`
`Petitioner then filed its Reply (Paper No. 24) publicly and that Reply contains text
`
`from Exhibit 1063. See Ex. 2021. Patent Owner has not received a response from
`
`the Board regarding that email as of the time of the present filing. Accordingly,
`
`because the Sur-Reply discusses Exhibit 1063, Patent Owner is filing this Motion
`
`out of an abundance of caution and to comply with 37 C.F.R. § 42.14. Petitioner
`
`will await further guidance from the Board on whether a redacted version of the Sur-
`
`Reply should be filed with public accessibility. As noted in Exhibit 2021, Patent
`
`Owner has conferred with Petitioner about this issue.
`
`
`
`
`
`
`
`1
`
`
`
`
`
`
`Dated: November 18, 2022
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
` /s/ Alan Whitehurst
`
`Alan Whitehurst
`Reg. No. 43,263
`awhitehurst@mckoolsmith.com
`Christopher P. McNett
`Reg. No. 64,489
`cmcnett@mckoolsmith.com
`Arvind Jairam
`Reg. No. 62,759
`ajairam@mckoolsmith.com
`MCKOOL SMITH, P.C.
`1999 K St. NW, Suite 600
`Washington, DC 20006
`Telephone: (202) 370-8300
`Facsimile: (202) 370-8344
`
`James E. Quigley
`Reg. No. 78,596
`jquigley@mckoolsmith.com
`MCKOOL SMITH, P.C.
`303 Colorado Street, Suite 2100
`Austin, Texas 78701
`Telephone: (512) 692-8700
`Facsimile: (512) 692-8744
`
`Counsel for Patent Owner, Vervain, LLC
`
`
`
`
`
`
`
`
`
`
`
`2
`
`
`
`
`
`
`CERTIFICATION OF SERVICE
`
`The undersigned hereby certifies that the foregoing PATENT OWNER’S
`
`MOTION TO FILE SUR-REPLY UNDER SEAL PURSUANT TO 37 C.F.R.
`
`§§ 42.14 & 42.54 has been served on Petitioner via email on the following counsel
`
`of record for Petitioner:
`
`Jeremy Jason Lang (Lead Counsel)
`PTABDocketJJL2@orrick.com
`Christopher Childers (Back-up Counsel)
`PTABDocketC4C8@orrick.com
`Parth Sagdeo (Back-up Counsel)
`PTABDocketP2S7@orrick.com
`Jared Bobrow (Back-up Counsel)
`PTABDocketJ3B3@orrick.com
`Orrick
`1000 Marsh Road
`Menlo Park, CA 94025-1015
`Telephone: (650) 614-7400
`Facsimile: (650) 614-7401
`
`
`
`Dated: November 18, 2022
`
`
`
`By: /s/ Alan Whitehurst
`Alan Whitehurst
`Reg. No. 43,263
`
`
`
`
`
`
`3
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
