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`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
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`World Programming Limited
`Petitioner
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`v.
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`SAS Institute Inc.
`Patent Owner
`______________________
`
`Case IPR2019-01458
`Patent 7,170,519
`______________________
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`MOTION TO SEAL
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`Pursuant to 37 C.F.R. §§ 42.14 and 42.54, Patent Owner, SAS Institute Inc.
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`(“SAS”), respectfully submits this motion to seal Exhibits 2007-2009. SAS has
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`conferred with Petitioner World Programming Limited (“WPL”) regarding this
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`motion, and provided WPL with a draft thereof. However, given logistical and
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`timing issues, SAS has not obtained WPL’s formal agreement to this motion. In any
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`event, SAS believes that WPL will not oppose the substance of this motion.
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`Although “the default rule is that all papers filed in an inter partes review are
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`open and available for access by the public,” a party may file a motion with the
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`Board to seal confidential information that is protected from disclosure. Garmin
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`Int’l, Inc. v. Cuozzo Speed Techs., LLC, IPR2012-00001, Paper No. 34 at 2 (PTAB
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`March 14, 2013). “The standard for granting a motion to seal is ‘for good cause.’”
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`Id. at 3 (quoting 37 C.F.R. § 42.54).
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`Good cause exists to place Exhibits 2007-2009 under seal because they are
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`documents designated under a Court-issued protective order in SAS Institute Inc. v.
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`World Programming Limited et al., Case No. 5:10-cv-25-FL (E.D.N.C.). By so
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`designating them under the District Court’s protective order, WPL has indicated that
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`these documents contain confidential information related to, for example,
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`intercompany relationships and transactions, and for purposes of this motion, SAS
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`does not dispute that such is the case. Accordingly, in the context of this IPR
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`proceeding, Exhibits 2007-2009, in their entirety, constitute confidential information
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`-1-
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`that should be protected from public disclosure by Federal Rule of Civil Procedure
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`(“FRCP”) 26(c)(1)(G) and 37 C.F.R. § 42.54. Trial Practice Guide, 77 Fed. Reg.
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`48756, 48760 (Aug. 14, 2012) (referring to FRCP 26(c)(1)(G) for protection of
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`confidential information). By so designating these documents under the District
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`Court’s protective order, WPL has further indicated that none of Exhibits 2007-2009,
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`nor the information therein, has been made publicly available. Moreover, SAS is
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`informed and believes that both parties have undertaken efforts to maintain the
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`confidentiality of Exhibits 2007-2009 in accordance with the above-referenced
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`District Court protective order.
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`On October 28 through November 6, the parties met and conferred in good
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`faith regarding the PTAB’s Default Protective Order, and SAS agrees to be bound
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`by the terms of that Order. SAS received comments on the proposed default
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`protective order from WPL earlier today, too late to be negotiated and incorporated
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`into this motion. A copy of the proposed protective order is attached herewith as
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`Exhibit 2013, which is the same as the PTAB’s Default Protective Order set forth in
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`Appendix B of the Trial Practice Guide Update (July 2019).
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`SAS therefore respectfully requests that aforementioned Exhibits 2007-2009
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`remain under seal, and that the agreed Default Protective Order be entered in this
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`proceeding.
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`-2-
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`Respectfully submitted,
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`Dated: November 12, 2019 By:
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`/Brenton R. Babcock/
`Brenton R. Babcock (Reg. No. 39,592)
`WOMBLE BOND DICKINSON (US) LLP
`400 Spectrum Center Drive, Suite 1700
`Irvine, CA 92618
`T: (714) 557-3800
`E: brent.babcock@wbd-us.com
`
`Joshua P. Davis (Reg. No. 72,524)
`WOMBLE BOND DICKINSON (US) LLP
`811 Main Street, Suite 3130
`Houston, TX 77002
`T: (346) 998-7810
`E: joshua.p.davis@wbd-us.com
`
`Tony T. Chen (Reg. No. 67,414)
`WOMBLE BOND DICKINSON (US) LLP
`1841 Page Mill Road, Suite 200
`Palo Alto, CA 94304
`T: (408) 341-3061
`E: tony.chen@wbd-us.com
`
`Counsel for Patent Owner
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`-3-
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`CERTIFICATE OF SERVICE
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`
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`The undersigned hereby certifies that a copy of the foregoing Motion to Seal
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`was served on November 12, 2019, via electronic mail, at the following:
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`Harper Batts (Reg. No. 56,160)
`HBatts@sheppardmullin.com
`Chris Ponder (Reg. No. 77,167)
`CPonder@sheppardmullin.com
`Jason Mueller (Reg. No. 64,647)
`Jeffrey Liang (Reg. No. 69,043)
`LegalTm-WPL-SAS-IPRs@sheppardmullin.com
`Sheppard, Mullin, Richter & Hampton LLP
`379 Lytton Ave.
`Palo Alto, CA 94301
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`Counsel for Petitioner
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`Dated: November 12, 2019
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`/Brenton R. Babcock/
`Brenton R. Babcock (Reg. No. 39,592)
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`Counsel for Patent Owner
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`-i-
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