`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________
`
`
`MICROSOFT CORPORATION,
`HP INC., DELL INC., DELL TECHNOLOGIES INC.,
`ASUSTEK COMPUTER INC., ASUS GLOBAL PTE. LTD.,
`Petitioners
`v.
`LITL LLC,
`Patent Owner.
`
`
`___________________
`
`IPR2024-00457
`U.S. Patent No. 9,880,715
`_____________________
`
`PETITIONER’S REQUEST FOR
`ENTRY OF PROTECTIVE ORDER
`AND
`MOTION TO SEAL
`PURSUANT TO 37 C.F.R. §§ 42.14 & 42.54
`
`
`
`
`
`
`Pursuant to 37 CFR § 42.55(b), Petitioner Microsoft Corporation
`
`(“Petitioner”) proposes entry of the Protective Order attached to this motion as
`
`Exhibit 1. Exhibit 2 tracks any changes from the default protective order, where
`
`the changes are meant to introduce an additional level of confidentiality as
`
`“CONFIDENTIAL—OUTSIDE ATTORNEYS’ EYES ONLY MATERIAL”.
`
`Pursuant to 37 C.F.R. §§ 42.14 and 42.54, Petitioner respectfully submits
`
`this Motion to Seal. Petitioner moves to seal certain portions of Patent Owner’s
`
`Preliminary Response (Paper 11) as well as Exhibits 2018-2020, 2023, 2025,
`
`2032-2034, and 2038-2039 (filed with Patent Owner’s Preliminary Response).
`
`Petitioner has conferred with Patent Owner, and Patent Owner indicated it
`
`does not oppose.
`
`I.
`
`
`
`GOOD CAUSE EXISTS
`
`The Office Trial Practice Guide (TPG) states that “a document or thing will
`
`be made publicly available, unless a party files a motion to seal that is then granted
`
`by the Board.” Office Trial Practice Guide (Nov. 2019) at 19; see also 35 U.S.C.
`
`§316(a)(7). “The document or thing will be protected on receipt of the motion
`
`and remain so, pending the outcome of the decision on motion.” Id. The TPG
`
`states that “protective orders may be issued for good cause by the Board to protect
`
`a party from disclosing confidential information.” Id. at 20 (citing C.F.R. § 42.54).
`
`Here, there is good cause for sealing certain portions of Patent Owner’s
`
`- 1 -
`
`
`
`
`
`Preliminary Reply and the entirety of Exhibits 2018-2020, 2023, 2025, 2032-2034,
`
`and 2038-2039 pursuant to 37 C.F.R. § 42.51(B)(2)(i) because Petitioner has
`
`obligations to maintain the confidentiality of the licensing information referenced
`
`therein. Disclosure of this confidential information could also cause competitive
`
`harm to Microsoft and other parties, including because it would disclose
`
`confidential licensing terms.
`
`II.
`
`
`
`PROTECTIVE ORDER
`
`Petitioner is designating certain portions of Patent Owner’s Preliminary
`
`Reply and the entirety of Exhibits 2018-2020, 2023, 2025, 2032-2034, and 2038-
`
`2039 as “CONFIDENTIAL—OUTSIDE ATTORNEYS’ EYES ONLY
`
`MATERIAL” pursuant to the parties’ agreed Protective Order.
`
`The designated portions of Patent Owner’s Preliminary Reply and Exhibits
`
`2018-2020, 2023, 2025, 2032-2034, and 2038-2039 for which Petitioner seeks to
`
`restrict access under an “Attorneys’ Eyes Only” designation are documents that
`
`contains highly competitively sensitive information related to licensing, including
`
`precise license terms and rates that should only be accessible to persons that qualify
`
`under Paragraph 4 of the amended Protective Order.
`
`
`
`III. CONCLUSION
`
`For at least the foregoing reasons, Petitioner requests that the Board enter the
`
`parties’ agreed protective order and seal certain portions of Patent Owner’s
`
`- 2 -
`
`
`
`
`
`Preliminary Response and Exhibits 2018-2020, 2023, 2025, 2032-2034, and 2038-
`
`2039 in their entirety.
`
`
`
`
`
`
`
`
`
`
`
`
`Date: June 24, 2024
`
`
`
`
`
`Respectfully submitted,
`/ Jessica Kaiser /
`
`Jessica Kaiser
`Reg. No. 58,937
`Attorney for Petitioners
`
`PERKINS COIE LLP
`1900 Sixteenth Street, Suite 1400
`Denver, CO 80202-5255
`
`- 3 -
`
`
`
`
`
`CERTIFICATE OF SERVICE
`The undersigned hereby certifies that a true copy of PETITIONER’S
`
`MOTION TO SEAL PURSUANT TO 37 C.F.R. §§ 42.14 & 42.54 was served
`
`via electronic mail, as previously consented to by Petitioner, upon the following:
`
`
`
`
`
`
`
`
`
`
`
`Date: June 24, 2024
`
`
`
`
`Gerald B. Hrycyszyn: GHrycyszyn-PTAB@WolfGreenfield.com
`Richard F. Giunta: RGiunta-PTAB@WolfGreenfield.com
`
`
`Respectfully submitted,
`/ Jessica Kaiser /
`
`Jessica Kaiser
`Reg. No. 58,937
`Attorney for Petitioners
`
`
`
`
`
`- 4 -
`
`
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