`________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
`ENSIGN US SOUTHERN DRILLING LLC,
`Petitioner,
`
`v.
`
`C&M OILFIELD RENTALS, LLC
`D/B/A C-MOR ENERGY SERVICES
`Patent Owner.
`
`Case No. IPR2023-00804
`U.S. Patent No. 10,976,016
`_____________________________________________________________
`
`PATENT OWNER’S MOTION TO SEAL
`UNDER 37 C.F.R. §§ 42.14 AND 42.54
`
`
`
`IPR2023-00804
`Patent Owner’s Motion to Seal
`
`I.
`
`RELIEF REQUESTED
`Pursuant to 37 C.F.R. §§ 42.14 and 42.54 and the previously filed, but not
`
`yet entered Proposed Protective Order in Ex. 1056, Patent Owner hereby requests
`
`that certain portions of Patent Owner’s Response to the Petition for Inter Partes
`
`Review of U.S. Patent No. 10,976,016, Exhibit 2006, Exhibit 2011, Exhibit 2012,
`
`Exhibit 2013, Exhibit 2014, Exhibit 2015, and Exhibit 2017 that include
`
`confidential information be maintained under seal in the above-captioned IPR
`
`proceeding consistent with the Proposed Protective Order and prior decisions in
`
`related district court proceedings.
`
`II. GOOD CAUSE EXISTS FOR SEALING THE CONFIDENTIAL
`INFORMATION
`The Board may issue this order “for good cause, ” i.e., why information
`
`sought to be sealed constitutes confidential information. 37 C.F.R. § 42.54;
`
`Garmin Int’l, Inc. v. Cuozzo Speed Techs. LLC, IPR2012-00001, Paper 36,
`
`Decision on Revised Mot. to Seal, p. 4 (PTAB Apr. 5, 2013). Notably, “[t]he rules
`
`identify confidential information in a manner consistent with Federal Rule of Civil
`
`Procedure 26(c)(1)(G), which provides for protective orders for trade secret or
`
`other confidential research, development, or commercial information.” Trial
`
`Practice Guide at 19 (citing 37 C.F.R. § 42.54).
`
`As reflected in Patent Owner’s response and supporting exhibits, the
`
`information to be submitted to the Board includes party confidential information
`1
`
`
`
`IPR2023-00804
`Patent Owner’s Motion to Seal
`relating to technical information that Patent Owner and Petitioner believe
`
`comprises confidential research, development, and commercial financial
`
`information. Specifically, Patent Owner hereby submits under seal the following
`
`materials to be designated as PROTECTIVE ORDER MATERIAL under the
`
`Proposed Protective Order:
`
` Patent Owner’s Response to Petition for Inter Partes Review of Patent
`
`U.S. Patent No. 10,976,016 (public version to be separately filed)
`
` Exhibit 2006 – January 18, 2024, Declaration of Dr. Gary R. Wooley
`
`(public version to be separately filed)
`
` Exhibit 2011
`
` Exhibit 2012 (public version to be separately filed)
`
` Exhibit 2013
`
` Exhibit 2014
`
` Exhibit 2015
`
` Exhibit 2017
`
`Several of the above documents were also submitted under seal in related district
`
`court proceedings. Patent Owner has filed both the originals of these documents
`
`for the Board and parties eyes only, as well publicly filed redacted versions
`
`2
`
`
`
`IPR2023-00804
`Patent Owner’s Motion to Seal
`consistent with what was submitted in their respective district court cases under the
`
`protective orders governing those cases.
`
`III. CONCLUSION
`For the above reasons, Patent Owner request that Patent Owner’s Response
`
`to Petition for Inter Partes Review of U.S. Patent No. 10,976,016, Exhibit 2006,
`
`Exhibit 2011, Exhibit 2012, Exhibit 2013, Exhibit 2014, Exhibit 2015, and Exhibit
`
`2017 be placed and maintained under seal.
`
`Dated: January 18, 2024
`
`Respectfully Submitted,
`
` / Dion M. Bregman /
`Dion M. Bregman, Reg. No. 45,645
`
`3
`
`
`
`IPR2023-00804
`Patent Owner’s Motion to Seal
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e)(4), lead counsel for Patent Owner hereby
`
`certifies that on January 18, 2024, a copy of this MOTION TO SEAL was served
`
`to the email correspondence address of record for Petitioner’s counsel of record:
`
`Gregory L. Porter
`gregporter@HuntonAK.com
`Daniel Shanley
`danshanley@HuntonAK.com
`Neil Kelly
`neilkelly@HuntonAK.com
`
`Dated: January 18, 2024
`
`Respectfully Submitted,
`
` / Dion M. Bregman /
`Dion M. Bregman, Reg. No. 45,645
`
`
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