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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________
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`
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________
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`NOKIA SOLUTIONS AND NETWORKS US LLC; AND
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`NOKIA SOLUTIONS AND NETWORKS OY,
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`Petitioners
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`
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`v.
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`HUAWEI TECHNOLOGIES CO. LTD.,
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`Patent Owner
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`____________
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`Case: IPR2017-00658
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`U.S. Patent No. 8,537,779
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`____________
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`PETITIONERS’ MOTION TO SEAL
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`UNDER 35 U.S.C. §312 AND 37 C.F.R. §42.104
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`
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`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`US Patent and Trademark Office
`PO Box 1450
`Alexandria, Virginia 22313-1450
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`I. INTRODUCTION
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`Petitioners’ Motion to Seal
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`Pursuant to 37 C.F.R. § 42.14, Nokia Solutions and Networks US LLC and
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`Nokia Solutions and Networks Oy (collectively, “NSN” or “Petitioners”) hereby
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`move to seal Petitioners’ Petition for Inter Partes Review, NSN779-1003, and
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`NSN779-1022 (“Proposed Sealed Documents”). The Proposed Sealed Documents
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`are filed contemporaneously with this Motion.
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`II. PROTECTIVE ORDER
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`In the accompanying district court litigation (Huawei Technologies Co., Ltd.
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`v. T-Mobile US, Inc. and T-Mobile USA, Inc., Case No. 2:16-cv-0056 (E.D. Tex.)),
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`Patent Owner has agreed to a protective order. When Patent Owner appears in the
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`present proceeding, Petitioners anticipate that the parties will negotiate a protective
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`order of the same or similar scope.
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`III. BASIS FOR SEALING CERTAIN EXHIBITS
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`The Office Patent Trial Practice Guide provides that “[t]he rules aim to
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`strike a balance between the public’s interest in maintaining a complete and
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`understandable file history and the parties’ interest in protecting truly sensitive
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`information.” 77 Fed. Reg. 48756, 48760 (Aug. 14, 2012). Further, those “rules
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`identify 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.” Id. (citing
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`2
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`Petitioners’ Motion to Seal
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`37 C.F.R. § 42.54); see also Illumina v. Columbia University, IPR2013-00011,
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`Paper 66, Aug. 12, 2013 Dec. (granting a motion to seal “technical and business
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`information” and “product development information”).
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`The Proposed Sealed Documents contain information that is subject to the
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`Protective Order entered in the accompanying district court litigation.
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`(1) NSN779-1022. This document contains Patent Owner’s Infringement
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`Contentions in the accompanying district court litigation. These
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`Infringement Contentions were marked CONFIDENTIAL by the
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`Patent Owner and, as such, are subject to the Protective Order entered
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`on August 30, 2016. See Huawei Technologies Co., Ltd. v. T-Mobile
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`US, Inc. and T-Mobile USA, Inc., Case No. 2:16-cv-0056, Paper 96
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`(E.D. Tex. Aug. 30, 2016).
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`(2) Petition for Inter Partes Review of U.S. Pat. No. 8,537,779. This
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`Petition for Inter Partes Review references and discusses the subject-
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`matter of NSN779-1022,
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`so
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`it
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`should be classified as
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`CONFIDENTIAL. A redacted version of this Petition is provided
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`herewith.
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`(3) NSN779-1003. The Declaration of Mark R. Lanning references and
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`discusses the subject-matter of NSN779-1022, so it should be
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`3
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`
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`Petitioners’ Motion to Seal
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`classified as CONFIDENTIAL. A redacted version of this exhibit is
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`provided herewith as NSN779-1028.
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`The aforementioned Proposed Sealed Documents provide evidence of Patent
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`Owner’s belief about the scope and meaning of the claims in U.S. Pat. No.
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`8,537,779. Thus, the Proposed Sealed Documents are necessary to construe any
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`disputed claims.
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`For the foregoing reasons, the Proposed Sealed Documents described herein
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`should receive a “CONFIDENTIAL” designation and be kept under seal.
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`
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`January 20, 2017
`Date
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`
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`By: / S. Benjamin Pleune /
`S. Benjamin Pleune (52,421)
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`4
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. §§ 42.6(e), 42.105, and the agreement of the parties,
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`the undersigned hereby certifies service on the Patent Owner of a copy this motion
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`to seal and its respective exhibits via electronic means to counsel for Huawei at
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`FishServiceList-Huawei/T-MobileEDTX@fr.com.
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`
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`January 20, 2017
`Date
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`By: / S. Benjamin Pleune /
`S. Benjamin Pleune (52,421)
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