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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`______________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`______________
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`JIAWEI TECHNOLOGY (HK) LTD., JIAWEI TECHNOLOGY (USA) LTD.,
`SHENZHEN JIAWEI PHOTOVOLTAIC LIGHTING CO., LTD., ATICO
`INTERNATIONAL (ASIA) LTD., ATICO INTERNATIONAL USA, INC.,
`CHIEN LUEN INDUSTRIES CO., LTD., INC. (SHIEN LUEN FLORIDA),
`CHIEN LUEN INDUSTRIES CO., LTD., INC. (SHIEN LUEN CHINA),
`COLEMAN CABLE, LLC, NATURE’S MARK, RITE AID CORP., 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. IPR2014-00936
`Patent 7,196,477
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`
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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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`Pursuant to 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 International
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`USA, Inc., Smart Solar, Inc., Test Rite Products Corp., Chien Luen Industries Co.,
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`Ltd., Inc. (Chien Luen Florida), Chien Luen Industries Co., Ltd., Inc. (Chien Luen
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`China), Nature’s Mark, and Rite Aid Corp. (collectively “Petitioner”), respectfully
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`submits this renewed motion to expunge exhibits 1018, 1021, 1031, 1042, 1043,
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`1044, and 1046 (“Confidential Exhibits”) from the record. These exhibits contain
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`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 a part of the public record of this case.
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`Alternatively, Petitioner requests that the Board issue an interim order delaying the
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`public release of the Confidential Exhibits until such a time that the Board can rule
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`on Petitioner’s Motion to Expunge.
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`II. BACKGROUND
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`A.
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`Procedural Background
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`On July 17, 2015, Petitioner filed a motion to seal (paper 43) exhibits 1018,
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`1021, 1031, 1042, 1043, 1044, and 1046. The Board granted the motion in the
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`final written decision (paper 67) 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 56), 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. at
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`5–6.
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`On January 29, 2016, the Petitioner filed a motion to expunge the same
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`documents, which the Board denied until appeals completed or the time for appeal
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`passed with no appeal. See papers 68–69. The Patent Owner filed a notice of
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`appeal on February 16, 2016. The Patent Owner filed a motion to terminate the
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`appeal through voluntary dismissal on August 22, 2016, which the Federal Circuit
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`granted the next day, August 23. See, Ex. 1067. Therefore, since all avenues and
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`times for appeal have been exhausted, Petitioners renew their motion to expunge
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`exhibits 1018, 1021, 1031, 1042, 1043, 1044, and 1046.
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`B. Applicable Legal Standards
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`Pursuant to 35 U.S.C. § 316(a)(7), “confidential information” is protected
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`from 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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`confidential information.”) Confidential information should be defined in a manner
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`consistent with Fed. R. Civ. P. 26(c)(1)(G). Trial Practice Guide, 77 Fed. Reg.
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`48756 at 48760.
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`Granting a motion to seal confidential information requires a showing of
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`“good cause.” 37 C.F.R. § 42.54. The same standard applies to a motion to
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`expunge “confidential information” under 37 C.F.R. § 42.56 after final judgment in
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`a trial. RPX Corp. v. Virnetx Inc., IPR2014-00171, Paper 62 at 3 (PTAB Sept. 9,
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`2014). The movant generally has the burden of showing entitlement to the
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`requested relief. 37 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 that 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 67 at 6. Nothing has changed to reach
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`a different result as the Board has not relied on any of the sealed, confidential
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`information. Therefore, good cause exists to expunge the following confidential
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`documents for the following reasons:
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`Exhibit 1018 is Southwire Holding Company’s confidential internal
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`document setting forth a resolution of its board of directors.
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`Exhibit 1021, in which financial account number information has been
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`redacted, includes payment records to Dentons Canada LLP and Dentons US LLP,
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`and depicts confidential payment amount information.
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`Exhibit 1031 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 1042 includes copies of invoices to Coleman Cable, Inc., from
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`Dentons US LLP for payments for the subject proceeding, as well as related
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`emails, and depicts confidential payment amount and financial account number
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`information.
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`Exhibit 1043, 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 1044, 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 subject 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. Accordingly, the Petitioner requests that these Exhibits, as well as
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`portions of its Opposition to Motion to Terminate and supporting declaration in
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`Exhibit 1046, be expunged from the record.
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`III.
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`CONCLUSION
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`For the reasons stated above, Petitioner respectfully requests that the Board
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`expunge Exhibits 1018, 1021, 1031, 1042, 1043, 1044, and 1046, which contain
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`confidential information of the Petitioner, from the record in this proceeding.
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`Respectfully submitted,
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`DENTONS U.S. LLP
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`November 21, 2017
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`
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`/Mark Nelson/
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`Mark C. Nelson
`Reg. No. 43,830
`Kevin Greenleaf
`Reg. No. 64,062
`Daniel Valenzuela
`Reg. No. 69,027
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`Dated:
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`233 South Wacker Drive
`Suite 7800
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`Chicago, IL 60606-6306
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that on November 21, 2017, 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. 7,196,477 was served on the Counsel for the
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`Patent Owner via email to the following 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:
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`Respectfully submitted,
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`November 21, 2017
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`/Lidija Pegan-Knight/
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` Lidija Pegan-Knight
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`233 South Wacker Drive
`Suite 7800
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`Chicago, IL 60606-6306
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