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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`UNIVERSITY OF WATERLOO,
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`Assignee of U.S. Patent Application No. 15/513,914
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`Petitioner,
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`v.
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`SALIENT ENERGY INC.
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`Assignee of U.S. Patent No. 9,780,412
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`Respondent.
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`____________
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`Case No.:________
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`____________
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`PETITIONER’S OWNER’S MOTION TO SEAL
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`UNDER 37 C.F.R. §§ 42.14 AND 42.54
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`Pursuant to 37 C.F.R. §§ 42.14 and 42.54, Petitioner University of Waterloo
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`(“UW”), submits this Motion to Seal its concurrently filed Petition to Institute
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`Derivation Proceeding Pursuant to 35 U.S.C. § 135 and Exhibits 1005, 1006, 1009,
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`1016, 1017, 1019, 1021, 1022, 1023.
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`UW’s Petition to Institute and these exhibits were filed under seal because
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`they discuss information designated as “Confidential” or “Highly Confidential” by
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`Petitioner.
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`I. Reasons for Sealing Certain Confidential Information
`As set forth below, good cause exists for maintaining UW’s Petition to
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`Institute and Exhibits 1005, 1006, 1009, 1016, 1017, 1019, 1021, 1022, 1023 under
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`seal.
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`UW’s Derivation Petition references:
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`Exhibits 1005 and 1006
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`Exhibits 1016, 1017 and 1019
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`Exhibits 1021, 1022 and 1023
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`The foregoing references were not intended for public consumption and may
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`contain information that is otherwise protected and/or deemed confidential by
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`third-parties. Specifically, excerpts from lab notebooks (i.e., Exhibits 1021-23)
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`may contain information relevant to ongoing or future projects for which UW or
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`funding entities might require confidentiality. Additionally, information in the
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`presentations (i.e. Exhibits 1017 and 1019) may implicate confidentiality concerns
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`of a public/private partnership, and thus information presented might implicate
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`commercial interests in the research funded. These exhibits were referenced,
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`quoted, and/or summarized in the text of the Petition and in its supporting
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`declarations (i.e. Exhibits 1015 and 1016) such that they could disclose protected
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`information; thus, these portions have been redacted accordingly.
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`II. Certification of Non-Publication Status
`UW’s undersigned counsel certifies that the information sought to be sealed
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`by this motion has not been published or otherwise made public to the best of his
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`knowledge.
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`III. Proposed Protective Order
`Pursuant to 37 C.F.R. § 42.55(a), UW concurrently herewith submits as
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`Exhibit 1024 the Default Standing Protective Order.
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`IV. Request For Relief
`UW requests that its Petition to Institute Derivation Proceeding Pursuant to
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`35 U.S.C. § 135 and Exhibits 1005, 1006, 1009, 1016, 1017, 1019, 1021, 1022,
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`1023 filed on July 20, 2018 remain under seal.
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`Respectfully submitted,
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`Oblon, McClelland, Maier &
`Neustadt, LLP
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`/w. Todd Baker/
`W. Todd Baker
`Reg. No. 45,265
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`Dated: July 20, 2018
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`Customer Number
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`22850
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`Tel (703) 413-3000
`Fax (703) 413-2220
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`CERTIFICATE OF SERVICE
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`The undersigned certifies service pursuant to 37 C.F.R. §§ 42.6(e) and
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`42.105(b) on the Patent Owner by UPS Overnight Delivery – Next Day Air of a
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`copy of this Motion to Seal Under 37 C.F.R. §§ 42.14 and 42.54 at the
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`correspondence address of record for the ’412 Patent:
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`BERESKIN & PARR LLP/S.E.N.C.R.L., s.r.l.
`40 King Street West
`40th Floor
`Toronto ON M5H 3Y2
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`Respectfully submitted,
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`Oblon, McClelland, Maier &
`Neustadt, LLP
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`/w. Todd Baker/
`W. Todd Baker
`Reg. No. 45,265
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`Dated: July 20, 2018
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