`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GARMIN INTERNATIONAL, INC.
`Petitioner
`
`v.
`
`Patent of CUOZZO SPEED TECHNOLOGIES LLC
`Patent Owner
`
`____________
`
`Case IPR2012-00001
`Patent 6,778,074
`
`____________
`
`PETITIONER’S MOTION TO SEAL
`
`In accordance with the Board’s March 14, 2013, Decision (Paper 34),
`
`Petitioner, Garmin International, Inc., respectfully moves to seal Exhibit 1024
`
`containing certain excerpts of the deposition transcript of Giuseppe A. Cuozzo
`
`(“Mr. Cuozzo”). In support of its Motion, Garmin respectfully submits the
`
`following:
`
`I.
`
`Good Cause Exists to Seal Portions of Mr. Cuozzo’s Deposition
`
`In support of its Motion to Seal (Paper 35), Patent Owner submitted that if
`
`Mr. Cuozzo’s financial information is publicly disclosed, Mr. Cuozzo and his
`
`parents—nonparties to this proceeding—would be exposed to undue burden,
`
`
`
`oppression, and embarrassment. The Board found in its Decision (Paper 36) that
`
`certain financial information of Mr. Cuozzo may be sealed. During Mr. Cuozzo’s
`
`deposition, Patent Owner marked financial information confidential.
`
`II. Certification of Non-Publication
`
`Petitioner and Patent Owner have both taken appropriate steps to maintain
`
`the confidentiality of the above referenced information. Mr. Cuozzo refers
`
`obliquely to the information in his Declaration (see Ex. 3001 at ¶¶ 17–19), and
`
`Petitioner bases a portion of its Reply argument on this information (see Paper 40
`
`at 6–7). But neither the Declaration nor the Reply goes into the level of detail
`
`covered by the deposition testimony.
`
`Additionally, Petitioner has filed as Exhibit 1023 a complete copy of Mr.
`
`Cuozzo’s deposition transcript with the above described excerpt redacted.
`
`Petitioner respectfully submits that the level of detail publicly accessible in
`
`the Declaration, the Reply, and Exhibit 1023 strikes the correct balance between
`
`the protection of confidential personal information and the public’s interest in
`
`maintaining a complete and understandable file history of this inter partes review.
`
`III. Certification of Conference with Counsel for Patent Owner Pursuant to
`37 C.F.R. § 42.54
`
`
`
`The undersigned has conferred in good faith with counsel for Patent Owner
`
`and has reached agreement as to this Motion, the confidentiality of the above
`
`
`
`described deposition testimony, and its coverage under the protective order entered
`
`for this proceeding.
`
`IV. Confidential Portions of the Deposition Transcript
`
`Petitioner respectfully submits the attached Exhibit 1024, confidential
`
`excerpts of the deposition transcript of Giuseppe A. Cuozzo taken on May 14,
`
`2013, to be filed under seal in accordance with the protective order.
`
`V.
`
`Protective Order
`
`A copy of the applicable protective order has been previously entered in this
`
`proceeding by Patent Owner. (See Paper 35).
`
`VI. Conclusion
`
`For the reasons set forth above, Petitioner respectfully requests that the
`
`attached Exhibit 1024, confidential excerpts of the deposition transcript of
`
`Giuseppe A. Cuozzo taken on May 14, 2013, be placed under seal by the Board.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`HOVEY WILLIAMS LLP
`
`
`
`
`
`
` By: s/ Jennifer C. Bailey
`
`
`
`Jennifer C. Bailey, Reg. No. 52,583
`
`Scott R. Brown, Reg. No. 40,535
`10801 Mastin Blvd., Suite 1000
`Overland Park, KS 66210
`P: (913) 647-9050
`F: (913) 647-9057
`jcb@hoveywilliams.com
`srb@hoveywilliams.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Eric A. Buresh, Reg. No. 53,394
`Jason R. Mudd, Reg. No. 57,700
`ERISE IP, P.A.
`6201 College Blvd., Suite 300
`Overland Park, KS 66211
`P: (913) 777-5600
`F: (913) 777-5601
`Eric.Buresh@EriseIP.com
`Jason.Mudd@EriseIP.com
`
`ATTORNEYS FOR PETITIONER
`(IPR Trial No. 2012-00001)
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I certify that on May 21, 2013, a true and correct copy of Petitioner’s
`
`Motion to Seal has been provided, via electronic mail to counsel of record as
`
`follows:
`
`Email: john.kasha@kashalaw.com
`
`Email: cconnor@reedscardino.com
`Email: jdeats@reedscardino.com
`
`Email: skeels@fsclaw.com
`
`John Robert Kasha, Esq.
`KASHA LAW LLC
`
`Cabrach J. Connor
`Jason W. Deats
`REED & SCARDINO LLP
`
`David A. Skeels
`FRIEDMAN, SUDER & COOKE
`
`ATTORNEYS FOR PATENT OWNER, CUOZZO SPEED TECHNOLOGIES LLC
`
`
`
`
`
` s/ Jennifer C. Bailey
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
