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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`Under Armour Inc.
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`Petitioner
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`v.
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`adidas AG,
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`Patent Owner
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`
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`Case No. IPR2015-00698
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`Patent No. 8,092,345
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`
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`PATENT OWNER’S UNOPPOSED MOTION TO SEAL
`PURSUANT TO 37 C.F.R. § 42.54
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`1
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`Under Armour Inc.
`
`Petitioner
`
`v.
`
`adidas AG,
`
`Patent Owner
`
`
`
`
`
`Case No. IPR2015-00698
`
`Patent No. 8,092,345
`
`
`
`PATENT OWNER’S UNOPPOSED MOTION TO SEAL
`PURSUANT TO 37 C.F.R. § 42.54
`
`
`1
`
`
`
`IPR2015-00698
`Patent No. 8,092,345
`Patent Owner Motion to Seal
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`
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`Patent Owner adidas AG (“Patent Owner”) hereby moves to seal its Motion
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`for Observation Regarding Cross-Examination of Reply Witness Julie Davis,
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`Motion for Observation Regarding Cross-Examination of Reply Witness Joseph
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`Paradiso and Motion
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`to Exclude (“Patent Owner’s Motions”) submitted
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`concurrently with this motion. Patent Owner further moves to seal the following
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`exhibits submitted in support of Patent Owner’s Motions.
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`1.
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`2.
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`3.
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`4.
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`5.
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`6.
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`7.
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`Exhibit 2025, Deposition Transcript of Julie Davis;
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`Exhibit 2026, Davis Ex. 1, Glode Deposition Excerpts;
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`Exhibit 2027, Davis Ex. 2, Laing Deposition Excerpts;
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`Exhibit 2028, Davis Ex. 3, Page Deposition Excerpts;
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`Exhibit 2029, Davis Ex. 04, Thurston Deposition Excerpts;
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`Exhibit 2039, Deposition Transcript of Joseph Paradiso and
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`Exhibit 2040, Paradiso Ex 01, Quast Deposition Excerpts.
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`Patent Owner has concurrently filed a redacted version of its Motion to Exclude.
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`Patent Owner’s Motion for Observation Regarding Cross-Examination of Reply
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`Witness Julie Davis, Motion for Observation Regarding Cross-Examination of
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`Reply Witness Joseph Paradiso, and exhibit 2039. Exhibits 2025-2029 and exhibit
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`2040 are redacted in their entirety and are submitted to the Board with this motion
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`2
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`IPR2015-00698
`Patent No. 8,092,345
`Patent Owner Motion to Seal
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`for filing under seal. Patent Owner has served Petitioner with both confidential
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`and redacted versions of the above identified documents.
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`Patent Owner’s Motions and the identified supporting exhibits include
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`information that Petitioner has identified as competitively-sensitive business
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`information. Similar materials have been made available to the opposing party
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`only under
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`similar “CONFIDENTIAL BUSINESS
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`INFORMATION
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`-
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`ATTORNEYS’ EYES ONLY” conditions in the related district court litigation.
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`Petitioner asserts that if this highly-confidential information were disclosed
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`publicly or to the Patent Owner’s employees, that information likely would cause
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`competitive business harm. In other inter parties review proceedings, the Board
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`has held that confidential information such as that submitted here should remain
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`under seal. See, e.g., Greene’s Energy Grp., LLC, Inc. v. Oil States Energy Svcs.,
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`LLC, IPR2014-00216, Paper 27, at 5 (PTAB Sept. 23, 2014). In Greene’s Energy
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`Group, the Board held that portions of an exhibit containing confidential financial
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`information should remain under seal where the proposed redactions were
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`reasonable and the thrust of the underlying argument or evidence was clearly
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`discernable from the redacted versions. Greene’s Energy Grp., IPR2014-00216,
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`Paper 27, at 5. Here, Patent Owner has redacted from the public filings only those
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`portions of the documents that reflect competitively sensitive information. Patent
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`3
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`IPR2015-00698
`Patent No. 8,092,345
`Patent Owner Motion to Seal
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`Owner submits that the thrust of its underlying arguments and evidence remain
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`clearly discernable from the redacted, public versions of its filings. Patent Owner
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`respectfully submits that good cause exists to seal Patent Owner’s Motions and
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`Exhibits 2025, 2026, 2027, 2028, 2029, 2039 and 2040
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`Patent Owner submits these documents for seal under the Protective Order
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`already in place. The Protective Order was submitted by Petitioner and agreed
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`upon by both parties in Petitioner’s Unopposed Motion to Seal and For Entry of a
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`Protective Order Pursuant to 37 C.F.R. § 42.54, filed by Petitioner on February 16,
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`2016. Paper 25. Patent Owner has met and conferred with Petitioner Under
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`Armour, Inc. “(Petitioner”), who does not oppose this motion to file under seal.
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`For the foregoing reasons, Patent Owner respectfully requests that the Board
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`grant this unopposed motion to seal.
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`Dated: April 8, 2016
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`Respectfully submitted,
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`
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`/s/ Mitchell G. Stockwell
`Mitchell G. Stockwell
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`Reg. No. 39,389
`Lead Counsel for Patent Owner
`adidas AG
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`4
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`IPR2015-00698
`Patent No. 8,092,345
`Patent Owner Motion to Seal
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of PATENT OWNER
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`ADIDAS AG’S MOTION TO SEAL was served via email on the date below,
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`Anish R. Desai
`Christopher T. Marando
`W. Sutton Ansley
`Weil Gotshal & Manges LLP
`1300 Eye Street NW, Suite 900
`Washington, DC 20005
`Phone: 202-682-7000
`anish.desai@weil.com
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`
`
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`/s/ Mitchell G. Stockwell
`Mitchell G. Stockwell
`
`Reg. No. 39,389
`Lead Counsel for Patent Owner
`adidas AG
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`
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`upon the following:
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`Brian E. Ferguson
`Weil, Gotshal & Manges LLP
`1300 Eye Street NW, Suite 900
`Washington, DC 20005
`Phone: 202-682-7000
`brian.ferguson@weil.com
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`Dated: April 8, 2016
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`5
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