`
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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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,
`
`v.
`
`SIMON NICHOLAS RICHMOND
`Patent Owner.
`______________
`
`Case No. IPR2014-00938
`Patent 7,429,827
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`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.,
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`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 Motion to Expunge Exhibits 1016, 1019, 1029, 1040, 1041, 1042, and
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`1044 ("Confidential Exhibits") from the record. These exhibits contain confidential
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`information of the Petitioner.
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`The deadline for filing a motion to expunge in this case is 45 days from the
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`Final Written Decision. See Office Patent Trial Practice Guide (“Trial Practice
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`Guide”), 77 Fed. Reg. 48756, 48760-61 (Aug. 14, 2012). Unless the Board decides
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`this motion before that 45-day deadline, the Confidential Exhibits will become
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`publicly available. Id. Because the Confidential Exhibits contain confidential
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`information, Petitioner respectfully requests that the Board rule on this
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`motion prior to the Confidential Exhibits becoming a part of the public record of
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`this case. Alternatively, Petitioner requests that the Board issue an interim order
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`delaying the public release of the Confidential Exhibits until such a time that the
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`Board can rule on Petitioner’s Motion to Expunge.
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`
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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 1016,
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`1019, 1029, 1040, 1041, 1042, and 1044. The Board granted the motion in the
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`final written decision (paper 69) 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 57), 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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`B.
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`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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`
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`a trial. RPX Corp. v. Virnetx Inc., IPR 2014-00171, Paper 62 at 3 (PTAB Sept. 9,
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`2014). The movant generally has the burden of showing entitlement
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`to the
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`requested relief. 37 C.F.R. § 42.20(c); RPX Corp at 3.
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`C.
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`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 69 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 1016 is Southwire Holding Company’s confidential
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`internal
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`document setting forth a resolution of its board of directors.
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`Exhibit 1019, 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 1029 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 1040 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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`
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`emails, and depicts confidential payment amount and financial account number
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`information.
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`Exhibit 1041, 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 1042, 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, Petitioner requests that these Exhibits, as well as portions
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`of its Opposition to Motion to Terminate and supporting declaration in Exhibit
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`1044, be filed under seal.
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`
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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 1016, 1019, 1029, 1040, 1041, 1042, and 1044, which contain
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`confidential information of the Petitioner, from the record in this proceeding.
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`Dated: __January 29, 2016_____
`
`233 South Wacker Drive
`Suite 7800
`Chicago, IL 60606-6306
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`Respectfully submitted,
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`DENTONS U.S. LLP
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`__/Mark Nelson/___________
`Mark C. Nelson
`Reg. No. 43,830
`Lissi Mojica
`Reg. No. 63,421
`Kevin Greenleaf
`Reg. No. 64,062
`Daniel Valenzuela
`Reg. No. 69,027
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`
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that on January 29, 2016, a copy of Petitioner's
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`MOTION TO EXPUNGE CONFIDENTIAL EXHIBITS for Inter Partes Review
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`of U.S. Patent No. 7,429,827 was served on the Counsel for the Patent Owner via
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`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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`Respectfully submitted,
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`Dated: _January 29, 2016_______
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`___/Nona Durham/_________
`Nona Durham
`
`233 South Wacker Drive
`Suite 7800
`Chicago, IL 60606-6306