Paper No. __
`Filed: May 18, 2015
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`Filed on behalf of: AT&T Mobility LLC and AT&T Services, Inc.
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`By: Christopher Kennerly (chriskennerly@paulhastings.com)
` Naveen Modi (naveenmodi@paulhastings.com)
` Timothy P. Cremen (timothycremen@paulhastings.com)
` Paul Hastings LLP
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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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`AT&T MOBILITY LLC and AT&T SERVICES, INC.
`Petitioner
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`v.
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`NOVO TRANSFORMA TECHNOLOGIES LLC
`Patent Owner
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`____________________
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`U.S. Patent No. 5,826,034
`____________________
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`MOTION TO SEAL
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`Filed: May 18, 2015
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`Filed on behalf of: AT&T Mobility LLC and AT&T Services, Inc.
`
`By: Christopher Kennerly (chriskennerly@paulhastings.com)
` Naveen Modi (naveenmodi@paulhastings.com)
` Timothy P. Cremen (timothycremen@paulhastings.com)
` Paul Hastings LLP
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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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`AT&T MOBILITY LLC and AT&T SERVICES, INC.
`Petitioner
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`v.
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`NOVO TRANSFORMA TECHNOLOGIES LLC
`Patent Owner
`
`____________________
`
`U.S. Patent No. 5,826,034
`____________________
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`MOTION TO SEAL
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`I.
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`Introduction
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`Petitioners AT&T Mobility LLC and AT&T Services, Inc. (“Petitioners”)
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`hereby move to seal Exhibit 1013, in accordance with the default protective order
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`found in Appendix B of the Trial Practice Guide. See 37 C.F.R. §§ 42.14, 42.54.
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`Good cause exists for granting the instant motion to seal because this information
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`pertains to Petitioners’ highly confidential technical information.
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`II. Good Cause Exists for Sealing Certain Confidential Information
`The standard governing the Board’s determination of whether to grant a
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`motion to seal is “good cause.” Garmin v. Cuozzo, IPR2012-00001, Paper 36
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`(April 5, 2013). In that regard, the Board must “strike a balance between the
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`public’s interest in maintaining a complete and understandable file history and the
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`parties’ interest in protecting truly sensitive information.” Id. “The rules identify
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`confidential information in a manner consistent with Federal Rule of Civil
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`Procedure 26(c)(1)(G), which provides for protective orders for trade secret or
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`other confidential research, development, or commercial information.” Office
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`Patent Trial Practice Guide, 77 Fed. Reg. 48771, 48760 (Aug. 14, 2012).
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`Pages 9-12, 14, 20-22, and 27-28 of Exhibit 1013 include Petitioners’ highly
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`confidential technical information. The parties have treated the information
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`identified at pages 9-12, 14, 20-22, and 27-28 of Exhibit 1013 as confidential in the
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`related district court proceedings between the parties. To Petitioners’ knowledge,
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`this information has not been published or otherwise made available to the public.
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`III. Proposed Protective Order
`Petitioners propose that the default protective order found in the Trial
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`Practice Guide, attached hereto as Appendix A, be entered. Pursuant to Section
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`4(A)(ii) of the protective order, Petitioners have filed a confidential, non-redacted
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`version of Exhibit 1013, as well as a redacted version of Exhibit 1013 to remove
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`the confidential information.
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`IV. Conclusion
`For the foregoing reasons, Petitioners respectively request that the Board
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`seal pages 9-12, 14, 20-22, and 27-28 of Exhibit 1013.
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`Dated: May 18, 2015
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` Respectfully submitted,
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`By: /Christopher W. Kennerly/
` Christopher W. Kennerly
` Registration No. 40,675
` Counsel for AT&T Mobility LLC and
`AT&T Services, Inc..
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`APPENDIX A
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`APPENDIX A
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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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`AT&T MOBILITY LLC and AT&T SERVICES, INC.
`Petitioners
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`v.
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`NOVO TRANSFORMA TECHNOLOGIES LLC
`Patent Owner
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`____________________
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`U.S. Patent No. 5,826,034
`____________________
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`STANDING PROTECTIVE ORDER
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`This standing protective order governs the treatment and filing of
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`confidential information, including documents and testimony.
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`1.
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`Confidential information shall be clearly marked “PROTECTIVE
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`ORDER MATERIAL.”
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`2.
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`Access to confidential information is limited to the following
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`individuals who have executed the acknowledgment appended to this order:
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`(A) Parties. Persons who are owners of a patent involved in the proceeding
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`and other persons who are named parties to the proceeding.
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`(B) Party Representatives. Representatives of record for a party in the
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`proceeding.
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`(C) Experts. Retained experts of a party in the proceeding who further
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`certify in the Acknowledgement that they are not a competitor to any party, or a
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`consultant for, or employed by, such a competitor with respect to the subject matter
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`of the proceeding.
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`(D) In-house counsel. In-house counsel of a party.
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`(E) Other Employees of a Party. Employees, consultants or other persons
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`performing work for a party, other than in-house counsel and in-house counsel’s
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`support staff, who sign the Acknowledgement shall be extended access to
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`confidential information only upon agreement of the parties or by order of the
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`Board upon a motion brought by the party seeking to disclose confidential
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`information to that person. The party opposing disclosure to that person shall have
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`the burden of proving that such person should be restricted from access to
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`confidential information.
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`(F) The Office. Employees and representatives of the Office who have a need
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`for access to the confidential information shall have such access without the
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`requirement to sign an Acknowledgement. Such employees and representatives
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`shall include the Director, members of the Board and their clerical staff, other
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`support personnel, court reporters, and other persons acting on behalf of the Office.
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`(G) Support Personnel. Administrative assistants, clerical staff, court
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`reporters and other support personnel of the foregoing persons who are reasonably
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`necessary to assist those persons in the proceeding shall not be required to sign an
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`Acknowledgement, but shall be informed of the terms and requirements of the
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`Protective Order by the person they are supporting who receives confidential
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`information.
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`3.
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`Persons receiving confidential information shall use reasonable efforts
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`to maintain the confidentiality of the information, including:
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`(A) Maintaining such information in a secure location to which persons not
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`authorized to receive the information shall not have access;
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`(B) Otherwise using reasonable efforts to maintain the confidentiality of the
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`information, which efforts shall be no less rigorous than those the recipient uses to
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`maintain the confidentiality of information not received from the disclosing party;
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`(C) Ensuring that support personnel of the recipient who have access to the
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`confidential information understand and abide by the obligation to maintain the
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`confidentiality of information received that is designated as confidential; and
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`(D) Limiting the copying of confidential information to a reasonable number
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`of copies needed for conduct of the proceeding and maintaining a record of the
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`locations of such copies.
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`4.
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`Persons receiving confidential information shall use the following
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`procedures to maintain the confidentiality of the information:
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`(A) Documents and Information Filed With the Board.
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`(i) A party may file documents or information with the Board under seal,
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`together with a non-confidential description of the nature of the confidential
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`information that is under seal and the reasons why the information is confidential
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`and should not be made available to the public. The submission shall be treated as
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`confidential and remain under seal, unless, upon motion of a party and after a
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`hearing on the issue, or sua sponte, the Board determines that the documents or
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`information do not to qualify for confidential treatment.
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`(ii) Where confidentiality is alleged as to some but not all of the information
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`submitted to the Board, the submitting party shall file confidential and non-
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`confidential versions of its submission, together with a Motion to Seal the
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`confidential version setting forth the reasons why the information redacted from
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`the non-confidential version is confidential and should not be made available to the
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`public. The non-confidential version of the submission shall clearly indicate the
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`locations of information that has been redacted. The confidential version of the
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`submission shall be filed under seal. The redacted information shall remain under
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`seal unless, upon motion of a party and after a hearing on the issue, or sua sponte,
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`the Board determines that some or all of the redacted information does not qualify
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`for confidential treatment.
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`(B) Documents and Information Exchanged Among the Parties. Information
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`designated as confidential that is disclosed to another party during discovery or
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`other proceedings before the Board shall be clearly marked as “PROTECTIVE
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`ORDER MATERIAL” and shall be produced in a manner that maintains its
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`confidentiality.
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`(C) Standard Acknowledgement of Protective Order. The following form
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`may be used to acknowledge a protective order and gain access to information
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`covered by the protective order:
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
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`AT&T MOBILITY LLC and AT&T SERVICES, INC.
`Petitioners
`
`v.
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`NOVO TRANSFORMA TECHNOLOGIES LLC
`Patent Owner
`
`____________________
`
`U.S. Patent No. 5,826,034
`____________________
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`STANDARD ACKNOWLEDGMENT
`FOR ACCESS TO PROTECTIVE ORDER MATERIAL
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`I ___________________, affirm that I have read the Protective Order; that I
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`will abide by its terms; that I will use the confidential information only in
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`connection with this proceeding and for no other purpose; that I will only allow
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`access to support staff who are reasonably necessary to assist me in this
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`proceeding; that prior to any disclosure to such support staff I informed or will
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`inform them of the requirements of the Protective Order; that I am personally
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`responsible for the requirements of the terms of the Protective Order and I agree to
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`submit to the jurisdiction of the Office and the United States District Court for the
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`Eastern District of Virginia for purposes of enforcing the terms of the Protective
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`Order and providing remedies for its breach.
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`By:
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`Dated:
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this 18th day of May 2015, a copy of the foregoing
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`Motion to Seal and the attached appendix were served by express mail upon the
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`following:
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`David P. Kelley
`Hopkins & Thomas
`100 Galleria Parkway
`Suite 1500
`Atlanta GA 30339
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`Lois D. Mermelstein
`FARNEY DANIELS PC
`800 W. Austin Avenue, Suite 200
`Georgetown, Texas 78626
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`Jonathan Baker
`FARNEY DANIELS PC
`411 Borel Avenue, Suite 350
`San Mateo, CA 94402
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`Stamatios Stamoulis
`Richard C. Weinblatt
`STAMOULIS & WEINBLATT LLC
`Two Fox Point Centre
`6 Denny Road, Suite 307
`Wilmington, DE 19809
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`Respectfully submitted,
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`By: /Christopher W. Kennerly/
`Christopher W. Kennerly
`Registration No. 40,675
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`Dated: May 18, 2015
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`Counsel for AT&T Mobility LLC and
`AT&T Services, Inc.
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