UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`COLEMAN CABLE, LLC, JIAWEI TECHNOLOGY (HK) LTD., JIAWEI
`TECHNOLOGY (USA) LTD., SHENZHEN JIAWEI PHOTOVOLTAIC
`LIGHTING CO., LTD., ATICO INTERNATIONAL (ASIA) LTD., ATICO
`INTERNATIONAL USA, INC., SMART SOLAR, INC., AND TEST RITE
`PRODUCTS CORP.
`Petitioner,
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`v.
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`SIMON NICHOLAS RICHMOND
`Patent Owner.
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`Case No. IPR2014-00935
`Patent 8,089,370 B2
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`RENEWED MOTION TO EXPUNGE CONFIDENTIAL EXHIBITS
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`Mail Stop "PATENT
`BOARD" Patent Trial and
`Appeal Board U.S. Patent and
`Trademark Office P.O. Box 1450
`Alexandria, VA 22313-1450
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`COLEMAN CABLE, LLC, JIAWEI TECHNOLOGY (HK) LTD., JIAWEI
`TECHNOLOGY (USA) LTD., SHENZHEN JIAWEI PHOTOVOLTAIC
`LIGHTING CO., LTD., ATICO INTERNATIONAL (ASIA) LTD., ATICO
`INTERNATIONAL USA, INC., SMART SOLAR, INC., AND TEST RITE
`PRODUCTS CORP.
`Petitioner,
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`v.
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`SIMON NICHOLAS RICHMOND
`Patent Owner.
`_
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`Case No. IPR2014-00935
`Patent 8,089,370 B2
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`RENEWED MOTION TO EXPUNGE CONFIDENTIAL EXHIBITS
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`Mail Stop "PATENT
`BOARD" Patent Trial and
`Appeal Board U.S. Patent and
`Trademark Office P.O. Box 1450
`Alexandria, VA 22313-1450
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`I. INTRODUCTION
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`Under 37 C.F.R. §42.56, Petitioner, Coleman Cable, LLC, Jiawei
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`Technology (HK) Ltd., Jiawei Technology (USA) Ltd., Shenzhen Jiawei
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`Photovoltaic Lighting Co, Ltd., Atico International (Asia) Ltd., Atico
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`International USA, Inc., Smart Solar, Inc., and Test Rite Products Corp.,
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`(collectively “Petitioner”), respectfully submits this renewed motion to expunge
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`exhibits 1027, 1030, 1040, 1051, 1052, 1053, and 1055 ("Confidential Exhibits")
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`from the record. These exhibits contain confidential information of the Petitioner.
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`The Petitioner respectfully requests that the Board rule on this motion prior
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`to the confidential exhibits becoming part of the public record of this case.
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`Alternatively, Petitioner requests that the Board issue an interim order delaying
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`the public release of the Confidential Exhibits until such a time that the Board
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`can rule on Petitioner’s Motion to Expunge.
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`II. BACKGROUND
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`A. Procedural Background
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`On July 17, 2015, Petitioner moved to seal (paper 36) exhibits 1027,
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`1030, 1040, 1051, 1052, 1053, and 1055. The Board granted the motion in the
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`final written decision (paper 65) stating, “The redacted versions of these
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`documents, upon which we relied in our denial of Patent Owner’s Motion to
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`Terminate (Paper 52), sufficiently disclose the basis for our decision, so there is
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`little public interest in making the non-redacted versions publicly available.” Id.
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`at 9.
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`On January 29, 2016, the Petitioner motioned to expunge the same
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`documents (Paper 66), which the Board denied until appeals completed or the
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`time for appeal passed with no appeal. See paper 67. Patent Owner filed a timely
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`Notice of Appeal on February 16, 2016, and an Amended Notice of Appeal on
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`February 17, 2016. On June 9, 2017, the Federal Circuit issued a Judgment
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`affirming the PTAB’s ruling citing only Rule 36. (See Doc. 63). On September 5,
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`2017, the Federal Circuit entered a mandate (Doc. 78) and later issued a final
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`order denying Appellant’s motion to recall the mandate on February 8, 2018
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`(Doc. 82). On January 25, 2018, Richmond filed a petition for a writ of certiorari
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`to the Supreme Court. On June 18, 2018, the petition was denied. The time for
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`Richmond to file a motion for rehearing on the decision has elapsed.1 Therefore,
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`Richmond has exhausted the remedies for appeal for the ’370 patent, and
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`Petitioner renews its motion to expunge the exhibits for the same reasons.
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`B. Applicable Legal Standards
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`Under 35 U.S.C. § 316(a)(7), “confidential information” is protected from
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`disclosure. 35 U.S.C. § 316(a)(7) (“The Director shall prescribe regulations…
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`providing for protective orders governing the exchange and submission of
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`1 Under the Rules of the Supreme Court of the United States, Rule 44 states that
`any petition for the rehearing of any judgment or decision of the Court must be
`filed within 25 days after entry of the judgment.
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`3
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`confidential information.”) Confidential information should be defined in a
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`manner consistent with Fed. R. Civ. P. 26(c)(1)(G). Trial Practice Guide, 77 Fed.
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`Reg. 48756 at 48760.
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`Granting a motion to seal confidential information requires showing “good
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`cause.” 37 C.F.R. § 42.54. The same standard applies to a motion to expunge
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`“confidential information” under 37 C.F.R. § 42.56 after final judgment in a trial.
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`RPX Corp. v. Virnetx Inc., IPR 2014-00171, Paper 62 at 3 (PTAB Sept. 9,
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`2014). the movant generally must show entitlement to the requested relief. 37
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`C.F.R. § 42.20(c); RPX Corp. at 3.
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`C. Good Cause Exists to Expunge the Confidential Exhibits
`from the Record
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`The Board already agreed there is good cause for the confidential
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`information to be sealed, and there is “little public interest in making the non-
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`redacted versions publicly available.” Paper 65 at 9. Nothing has changed to
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`reach a different result as the Board has not relied on the sealed, confidential
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`information. Therefore, good cause exists to expunge these confidential
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`documents because: Exhibit 1027 is Southwire Holding Company’s confidential
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`internal document setting forth a resolution of its board of directors.
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`Exhibit 1030, in which financial account number information has been
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`redacted, includes payment records to Dentons Canada LLP and Dentons US
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`LLP, and depicts confidential payment amount information.
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`Exhibit 1040 is a confidential internal announcement regarding an internal
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`“Fast Forward” program, including confidential sales and distribution information.
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`Exhibit 1051 includes copies of invoices to Coleman Cable, Inc. from
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`Dentons US LLP for payments for the proceeding, and related emails, and
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`depicts confidential payment amount and financial account number information.
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`Exhibit 1052, in which financial account number information has been
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`redacted, includes wire transfer records from Coleman Cable to Dentons US LLP
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`depicting confidential payment amount information.
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`Exhibit 1053, in which financial account number information has been
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`redacted, includes a copy of a check and a related letter regarding payments from
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`Coleman Cable, LLC for the proceeding and depicts confidential payment
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`amount information.
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`Disclosure of the above information could put Coleman and Southwire at a
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`commercial disadvantage, for instance in subsequent negotiations with other
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`suppliers. The Petitioner requests these Exhibits, and portions of its Opposition
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`to Motion to Terminate and supporting declaration in Exhibit 1055, be expunged
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`from the record.
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`On July 16, 2018, Petitioner conferred with Patent Owner, and he does not
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`oppose this motion.
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`III. CONCLUSION
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`Petitioner respectfully requests that the Board expunge Exhibits 1027,
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`1030, 1040, 1040, 1051, 1052, 1053, and 1055, which contain confidential
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`information of the Petitioner, from the record in this proceeding.
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`Respectfully submitted,
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`Dated: July 17, 2018
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`BARNES & THORNBURG LLP
`/Mark Nelson/
`Mark C. Nelson
`Reg. No. 43,830
`2100 McKinney Ave. Daniel Valenzuela
`Suite 1250
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`Reg. No. 69,027
`Dallas, TX 75201-6908
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`6
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that on July 17, 2018, a copy of Petitioner's
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`RENEWED MOTION TO EXPUNGE CONFIDENTIAL EXHIBITS for Inter
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`Partes Review of U.S. Patent No. 8,089,370 was served on the Counsel for the
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`Patent Owner via email to these email addresses:
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`tfshiells@shiellslaw.com
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`admin@shiellslaw.com
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`marcusb@tlpmb.com
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`Dated: _July 17, 2018
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`
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`2100 McKinney Ave.
`Suite 1250
`Dallas, TX 75201-6908
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`Respectfully submitted,
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` /Nell Butler/
`Nell Butler
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