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`____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________________
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`AMX LLC,
`Petitioner,
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`v.
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`CHRIMAR SYSTEMS, INC.,
`Patent Owner.
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`____________________
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`Case IPR2016-00573 (Patent 9,019,838)
`____________________
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`PETITIONER’S MOTION TO SEAL
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`Pursuant to 37 C.F.R. §§ 42.14 and 42.54, Petitioner respectfully moves the
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`Board to seal Exhibits 1039 and 1040, which contain excerpts from a deposition
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`transcript of AMX employee Mr. Robert Noble (“the deposition excerpts”).
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`I.
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`Good Cause Exists for Sealing the Deposition Excerpts
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`In determining whether to grant a motion to seal, the Board must find “good
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`cause” and “strike a balance between the public’s interest in maintaining a
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`complete and understandable file history and the parties’ interest in protecting truly
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`sensitive information.” 37 C.F.R. § 42.54(a); 77 Fed. Reg. 48756, 48760 (Aug. 14,
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`2012). In the deposition excerpts, Mr. Noble testified about AMX’s confidential
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`communications and business relationships with its suppliers. Therefore, Petitioner
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`submits that good cause exists to seal the deposition excerpts, and requests that the
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`Board grant Petitioner’s motion to seal.
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`II.
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`Certification of Conference with Opposing Party
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`Pursuant to § 37 C.F.R. 42.54(a), Petitioner’s counsel conferred with Patent
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`Owner’s counsel in an effort to resolve the dispute. Patent Owner’s counsel
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`indicated that Patent Owner does not oppose this motion.
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`III.
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`Submission of Proposed Protective Order
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`Pursuant to 37 C.F.R. § 42.54(a), Petitioner respectfully requests that the
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`Board enter the default protective order, set forth in Appendix A to this motion.
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`Date: April 27, 2016
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`Respectfully submitted,
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`/s/ Brent A. Hawkins
`Brent A. Hawkins (Reg. No. 44,146)
`Amol A. Parikh (Reg. No. 60,671)
`MCDERMOTT, WILL & EMERY LLP
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`Attorneys for Petitioner, AMX LLC
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`2
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`Appendix A
`Appendix A
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`DEFAULT PROTECTIVE ORDER
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`The following Standing Protective Order will be automatically entered into the
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`proceeding upon the filing of a petition for review or institution of a derivation:
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`Standing Protective Order
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`This standing protective order governs the treatment and filing of confidential
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`information, including documents and testimony.
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`1. Confidential information shall be clearly marked “PROTECTIVE ORDER
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`MATERIAL.”
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`2. Access to confidential information is limited to the following individuals who
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`have executed the acknowledgment appended to this order:
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`(A) Parties. Persons who are owners of a patent involved in the proceeding and
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`other persons who are named parties to the proceeding.
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`(B) Party Representatives. Representatives of record for a party in the
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`proceeding.
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`(C) Experts. Retained experts of a party in the proceeding who further certify in
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`the Acknowledgement that they are not a competitor to any party, or a consultant
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`for, or employed by, such a competitor with respect to the subject matter of the
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`proceeding.
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`(D) In-house counsel. In-house counsel of a party.
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`(E) Other Employees of a Party. Employees, consultants or other persons
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`performing work for a party, other than in-house counsel and in-house counsel’s
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`support staff, who sign the Acknowledgement shall be extended access to
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`confidential information only upon agreement of the parties or by order of the
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`Board upon a motion brought by the party seeking to disclose confidential
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`information to that person. The party opposing disclosure to that person shall have
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`the burden of proving that such person should be restricted from access to
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`confidential information.
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`(F) The Office. Employees and representatives of the Office who have a need for
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`access to the confidential information shall have such access without the
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`requirement to sign an Acknowledgement. Such employees and representatives
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`shall include the Director, members of the Board and their clerical staff, other
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`support personnel, court reporters, and other persons acting on behalf of the
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`Office.
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`(G) Support Personnel. Administrative assistants, clerical staff, court reporters
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`and other support personnel of the foregoing persons who are reasonably
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`necessary to assist those persons in the proceeding shall not be required to sign an
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`Acknowledgement, but shall be informed of the terms and requirements of the
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`Protective Order by the person they are supporting who receives confidential
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`information.
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`3. Persons receiving confidential information shall use reasonable efforts to
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`maintain the confidentiality of the information, including:
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`(A) Maintaining such information in a secure location to which persons not
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`authorized to receive the information shall not have access;
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`(B) Otherwise using reasonable efforts to maintain the confidentiality of the
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`information, which efforts shall be no less rigorous than those the recipient uses to
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`maintain the confidentiality of information not received from the disclosing party;
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`(C) Ensuring that support personnel of the recipient who have access to the
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`confidential information understand and abide by the obligation to maintain the
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`confidentiality of information received that is designated as confidential; and
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`(D) Limiting the copying of confidential information to a reasonable number of
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`copies needed for conduct of the proceeding and maintaining a record of the
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`locations of such copies.
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`4. Persons receiving confidential information shall use the following procedures
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`to maintain the confidentiality of the information:
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`(A) Documents and Information Filed With the Board.
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`(i) A party may file documents or information with the Board under seal, together
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`with a non-confidential description of the nature of the confidential information
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`that is under seal and the reasons why the information is confidential and should
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`not be made available to the public. The submission shall be treated as
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`confidential and remain under seal, unless, upon motion of a party and after a
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`hearing on the issue, or sua sponte, the Board determines that the documents or
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`information do not to qualify for confidential treatment.
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`(ii) Where confidentiality is alleged as to some but not all of the information
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`submitted to the Board, the submitting party shall file confidential and non-
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`confidential versions of its submission, together with a Motion to Seal the
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`confidential version setting forth the reasons why the information redacted from
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`the non-confidential version is confidential and should not be made available to
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`the public. The nonconfidential version of the submission shall clearly indicate
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`the locations of information that has been redacted. The confidential version of
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`the submission shall be filed under seal. The redacted information shall remain
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`under seal unless, upon motion of a party and after a hearing on the issue, or sua
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`sponte, the Board determines that some or all of the redacted information does not
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`qualify for confidential treatment.
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`(B) Documents and Information Exchanged Among the Parties. Information
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`designated as confidential that is disclosed to another party during discovery or
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`other proceedings before the Board shall be clearly marked as “PROTECTIVE
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`ORDER MATERIAL” and shall be produced in a manner that maintains its
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`confidentiality.
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`(j) Standard Acknowledgement of Protective Order. The following form may be used to
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`acknowledge a protective order and gain access to information covered by the protective
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`order:
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`[CAPTION]
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`Standard Acknowledgment for Access to Protective Order Material
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`I __________________________________________, affirm that I
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`have read the Protective Order; that I will abide by its terms; that I will use
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`the confidential information only in connection with this proceeding and
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`for no other purpose; that I will only allow access to support staff who are
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`reasonably necessary to assist me in this proceeding; that prior to any
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`disclosure to such support staff I informed or will inform them of the
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`requirements of the Protective Order; that I am personally responsible for
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`the requirements of the terms of the Protective Order and I agree to submit
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`to the jurisdiction of the Office and the United States District Court for the
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`Eastern District of Virginia for purposes of enforcing the terms of the
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`Protective Order and providing remedies for its breach.
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`[Signature]
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`CERTIFICATE OF SERVICE
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`On April 27, 2016, Petitioner’s Motion to Seal was served by email on the
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`following counsel of record for Patent Owner:
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`Justin S. Cohen (Reg. No. 59.964)
`THOMPSON & KNIGHT LLP
`1722 Routh Street, Suite 1500
`Dallas, TX 75201
`Justin.Cohen@tklaw.com
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`Richard W. Hoffman (Reg. No. 33,711)
`REISING ETHINGTON PC
`755 West Big Beaver Road, Suite 1850
`Troy, MI 48084
`Hoffmann@Reising.com
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`/s/ Brent A. Hawkins
`Brent A. Hawkins
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`1