IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________
`
`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. (CHIEN LUEN FLORIDA),
`CHIEN LUEN INDUSTRIES CO., LTD., INC. (CHIEN 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 IPR2014-00938
`Patent 7,429,827
`
`PETITIONER'S MOTION TO SEAL UNDER 37 CFR 42.54
`
`Mail Stop "PATENT BOARD"
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________
`
`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. (CHIEN LUEN FLORIDA),
`CHIEN LUEN INDUSTRIES CO., LTD., INC. (CHIEN 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 IPR2014-00938
`Patent 7,429,827
`
`PETITIONER'S MOTION TO SEAL UNDER 37 CFR 42.54
`
`Mail Stop "PATENT BOARD"
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`Case IPR2014-00938
`Patent 7,429,827
`Pursuant to 37 C.F.R. § 42.54, Petitioner, 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. (Chien Luen Florida), Chien Luen Industries Co., Ltd.,
`
`Inc. (Chien Luen China), Coleman Cable, LLC, Nature’s Mark, Rite Aid Corp.,
`
`Smart Solar, Inc., and Test Rite Products Corp. (collectively “Petitioner”), hereby
`
`moves to seal Exhibits 1016, 1019, 1029, and 1040-1042, which include
`
`confidential information, as well as portions of the Petitioner’s Opposition to
`
`Motion to Terminate and supporting declaration in Exhibit 1044 that also include
`
`the confidential information. Petitioner is concurrently submitting non-confidential
`
`versions of Exhibits 1019, and 1040-1042, as well as Petitioner’s Opposition to
`
`Motion to Terminate and supporting declaration in Exhibit 1044, that have been
`
`redacted to remove the confidential information. Petitioner also requests entry of
`
`the Default Protective Order.
`
`I.
`
`GOOD CAUSE EXISTS FOR SEALING CONFIDENTIAL
`INFORMATION
`
`Under 35 U.S.C. § 316(a)(1), the default rule is that all papers filed in an
`
`inter partes review are open and available for access by the public, and a party
`
`may file a concurrent motion to seal and the information at issue is sealed pending
`
`the outcome of the motion. See 37 C.F.R. § 42.14 (“The record of a proceeding,
`
`2
`
`
`
`Case IPR2014-00938
`Patent 7,429,827
`including documents and things, shall be made available to the public, except as
`
`otherwise ordered. A party intending a document or thing to be sealed shall file a
`
`motion to seal concurrent with the filing of the document or thing to be sealed.
`
`The document or thing shall be provisionally sealed on receipt of the motion and
`
`remain so pending the outcome of the decision on the motion.”). The rules
`
`promulgated by the USPTO “aim to strike a balance between the public’s interest
`
`in maintaining a complete and understandable file history and the parties’ interest
`
`in protecting truly sensitive information.” Office Trial Practice Guide, 77 Fed.
`
`Reg. 48756, 48760 (Aug. 14, 2012). The moving party has the burden of
`
`establishing “good cause” for sealing documents containing confidential
`
`information. Garmin Int’l, Inc. v. Cuozzo Speed Techs. LLC, Case No. IPR2012-
`
`00001, Paper 37, 4 (P.T.A.B. Apr. 5, 2013).
`
`The Exhibits the Petitioner moves to seal contain confidential and highly
`
`sensitive commercial information. As detailed below, with respect to each Exhibit
`
`and portions of its Opposition to Motion to Terminate and supporting declaration
`
`in Exhibit 1044 that the Petitioner seeks to seal, good cause exists for sealing these
`
`documents and granting this motion.
`
`Exhibit 1016 is Southwire Holding Company’s confidential
`
`internal
`
`document setting forth a resolution of its board of directors.
`
`3
`
`
`
`Case IPR2014-00938
`Patent 7,429,827
`Exhibit 1019, in which financial account number information has been
`
`redacted, includes payment records to Dentons Canada LLP and Dentons US LLP
`
`and depicts confidential payment amount information.
`
`Exhibit 1029 is a confidential internal announcement regarding an internal
`
`“Fast Forward” program, including confidential sales and distribution information.
`
`Exhibit 1040 includes copies of invoices to Coleman Cable, Inc. from
`
`Dentons US LLP for payments for the subject proceeding, as well as related
`
`emails, and depicts confidential payment amount and financial account number
`
`information.
`
`Exhibit 1041, in which financial account number information has been
`
`redacted, includes wire transfer records from Coleman Cable to Dentons US LLP
`
`depicting confidential payment amount information.
`
`Exhibit 1042, in which financial account number information has been
`
`redacted, includes a copy of a check and a related letter regarding payments from
`
`Coleman Cable, LLC for the subject proceeding and depicts confidential payment
`
`amount information.
`
`Disclosure of the above information could put Coleman and Southwire at a
`
`commercial disadvantage, for instance in subsequent negotiations with other
`
`suppliers. Accordingly, Petitioner requests that these Exhibits, as well as portions
`
`4
`
`
`
`Case IPR2014-00938
`Patent 7,429,827
`of its Opposition to Motion to Terminate and supporting declaration in Exhibit
`
`1044, be filed under seal.
`
`II.
`
`CERTIFICATION OF NON-PUBLICATION
`
`On behalf of Petitioner, undersigned counsel certifies the information
`
`identified in Exhibits 1016, 1019, 1029, and 1040-1042, as well as portions of the
`
`Petitioner’s Opposition to Motion to Terminate and supporting declaration in
`
`Exhibit 1044, and sought to be sealed has not, to their knowledge, been published
`
`or otherwise made public.
`
`III.
`
`CERTIFICATION OF CONFERENCE WITH OPPOSING
`PARTY PURSUANT TO 37.C.F.R. § 42.54
`
`Petitioner has in good faith conferred with Patent Owner and Patent Owner
`
`does not object to entry of the Default Protective Order.
`
`IV.
`
`PROPOSED PROTECTIVE ORDER
`
`Petitioner respectfully requests entry of the attached Default Protective
`
`Order. Upon entry of the Default Protective Order, Petitioner designates
`
`Exhibits 1016, 1019, 1029, and 1040-1042 and portions of the Petitioner’s
`
`Opposition to Motion to Terminate and supporting declaration in Exhibit 1044
`
`“PROTECTIVE ORDER MATERIAL.”
`
`5
`
`
`
`Case IPR2014-00938
`Patent 7,429,827
`V.
`CONCLUSION
`
`In accordance with the above, Petitioner submits that it has complied
`
`with the formal requirement for a Motion to Seal and has provided sufficient basis
`
`to justify placing 1016, 1019, 1029, and 1040-1042 and redacted portions of
`
`Petitioner’s Opposition to Motion to Terminate and supporting declaration in
`
`Exhibit 1044 under seal. Therefore, Petitioner requests that the Board enter the
`
`Default Protective Order and seal the above identified Exhibits and portions of
`
`both Petitioner’s Opposition to Motion to Terminate and supporting declaration in
`
`Exhibit 1044.
`
`Dated: _7/17/15__
`
`233 South Wacker Drive
`Suite 7800
`Chicago, IL 60606-6306
`
`Respectfully submitted,
`
`DENTONS US LLP
`
`_/Kevin Greenleaf/_______
`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
`
`6
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________
`
`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. (CHIEN LUEN FLORIDA),
`CHIEN LUEN INDUSTRIES CO., LTD., INC. (CHIEN 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 IPR2014-00938
`Patent 7,429,827
`
`DEFAULT PROTECTIVE ORDER
`
`
`
`Case IPR2014-00938
`Patent 7,429,827
`
`Default Protective Order
`
`This default protective order governs the treatment and filing of confidential
`
`information, including documents and testimony.
`
`1. Confidential
`
`information shall be clearly marked ‘‘PROTECTIVE
`
`ORDER MATERIAL.’’
`
`2. Access to confidential information is limited to the following individuals
`
`who have executed the acknowledgment appended to this order:
`
`(A) Parties. Persons who are owners of a patent involved in the proceeding
`
`and other persons who are named parties to the proceeding.
`
`(B) Party Representatives. Representatives of record for a party in the
`
`proceeding.
`
`(C) Experts. Retained experts of a party in the proceeding who further
`
`certify in the Acknowledgement that they are not a competitor to any party, or a
`
`consultant for, or employed by, such a competitor with respect to the subject matter
`
`of the proceeding.
`
`(D) In-house counsel. In-house counsel of a party.
`
`(E) Other Employees of a Party. Employees, consultants or other persons
`
`performing work for a party, other than in-house counsel and in-house counsel’s
`
`support staff, who sign the Acknowledgement shall be extended access to
`
`confidential information only upon agreement of the parties or by order of the
`
`2
`
`
`
`Case IPR2014-00938
`Patent 7,429,827
`Board upon a motion brought by the party seeking to disclose confidential
`
`information to that person. The party opposing disclosure to that person shall have
`
`the burden of proving that such person should be restricted from access to
`
`confidential information.
`
`(F) The Office. Employees and representatives of the Office who have a
`
`need for access to the confidential information shall have such access without the
`
`requirement to sign an Acknowledgement. Such employees and representatives
`
`shall include the Director, members of the Board and their clerical staff, other
`
`support personnel, court reporters, and other persons acting on behalf of the Office.
`
`(G) Support Personnel. Administrative assistants, clerical staff, court
`
`reporters and other support personnel of the foregoing persons who are reasonably
`
`necessary to assist those persons in the proceeding shall not be required to sign an
`
`Acknowledgement, but shall be informed of the terms and requirements of the
`
`Protective Order by the person they are supporting who receives confidential
`
`information.
`
`3. Persons receiving confidential information shall use reasonable efforts to
`
`maintain the confidentiality of the information, including:
`
`(A) Maintaining such information in a secure location to which persons not
`
`authorized to receive the information shall not have access;
`
`3
`
`
`
`Case IPR2014-00938
`Patent 7,429,827
`(B) Otherwise using reasonable efforts to maintain the confidentiality of the
`
`information, which efforts shall be no less rigorous than those the recipient uses to
`
`maintain the confidentiality of information not received from the disclosing party;
`
`(C) Ensuring that support personnel of the recipient who have access to the
`
`confidential information understand and abide by the obligation to maintain the
`
`confidentiality of information received that is designated as confidential; and
`
`(D) Limiting the copying of confidential information to a reasonable number
`
`of copies needed for conduct of the proceeding and maintaining a record of the
`
`locations of such copies.
`
`4. Persons receiving confidential information shall use the following
`
`procedures to maintain the confidentiality of the information:
`
`(A) Documents and Information Filed With the Board.
`
`(i) A party may file documents or information with the Board under seal,
`
`together with a non-confidential description of the nature of the confidential
`
`information that is under seal and the reasons why the information is confidential
`
`and should not be made available to the public. The submission under seal, unless,
`
`upon motion of a party and after a hearing on the issue, or sua sponte, the Board
`
`determines that the documents or information do not to qualify for confidential
`
`treatment.
`
`4
`
`
`
`Case IPR2014-00938
`Patent 7,429,827
`(ii) Where confidentiality is alleged as to some but not all of the information
`
`submitted to the Board, the submitting party shall file confidential and non-
`
`confidential versions of its submission,
`
`together with a Motion to Seal
`
`the
`
`confidential version setting forth the reasons why the information redacted from
`
`the non-confidential version is confidential and should not be made available to the
`
`public. The nonconfidential version of the submission shall clearly indicate the
`
`locations of information that has been redacted. The confidential version of the
`
`submission shall be filed under seal. The redacted information shall remain under
`
`seal unless, upon motion of a party and after a hearing on the issue, or sua sponte,
`
`the Board determines that some or all of the redacted information does not qualify
`
`for confidential treatment.
`
`(B) Documents and Information Exchanged Among the Parties. Information
`
`designated as confidential that is disclosed to another party during discovery or
`
`other proceedings before the Board shall be clearly marked as ‘‘PROTECTIVE
`
`ORDER MATERIAL’’ and shall be produced in a manner that maintains its
`
`confidentiality.
`
`(i) Standard Acknowledgement of Protective Order. The following form
`
`may be used to acknowledge a protective order and gain access to information
`
`covered by the protective order:
`
`5
`
`
`
`Case IPR2014-00938
`Patent 7,429,827
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________
`
`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. (CHIEN LUEN FLORIDA),
`CHIEN LUEN INDUSTRIES CO., LTD., INC. (CHIEN 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 IPR2014-00938
`Patent 7,429,827
`
`ACKNOWLEDGEMENT FOR ACCESS TO PROTECTIVE ORDER
`MATERIAL
`
`6
`
`
`
`Case IPR2014-00938
`Patent 7,429,827
`I ____________________________, affirm that I have read the Protective
`
`Order; that I will abide by its terms; that I will use the confidential information
`
`only in connection with this proceeding and for no other purpose; that I will only
`
`allow access to support staff who are reasonably necessary to assist me in this
`
`proceeding; that prior to any disclosure to such support staff I informed or will
`
`inform them of the requirements of the Protective Order; that I am personally
`
`responsible for the requirements of the terms of the Protective Order and I agree to
`
`submit to the jurisdiction of the Office and the United States District Court for the
`
`Eastern District of Virginia for purposes of enforcing the terms of the Protective
`
`Order and providing remedies for its breach.
`
`Dated:___________________
`
`______________________
`[Signature]
`
`7
`
`
`
`Case IPR2014-00938
`Patent 7,429,827
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that copy of PETITIONER'S MOTION TO SEAL
`
`UNDER 37 CFR 42.54 and DEFAULT PROTECTIVE ORDER for Inter Partes
`
`Review of U.S. Patent No. 7,429,827 was served on the Counsel for the Patent
`
`Owner via email to the following email addresses:
`
`tfshiells@shiellslaw.com
`
`admin@shiellslaw.com
`
`marcusb@tlpmb.com
`
`Dated: July 17, 2015
`
`233 South Wacker Drive
`Suite 7800
`Chicago, IL 60606-6306
`
`Respectfully submitted,
`
`___/Nona Durham/_________
`Nona Durham
`
`8
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