`U.S. Patent No. 7,503,724
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`______________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________________________
`
`Asphalt Products Unlimited, Inc.,
`Petitioner,
`
`v.
`
`Blacklidge Emulsions, Inc.,
`Patent Owner
`
`______________________________
`
`U.S. Patent No. 7,503,724
`
`Case No. IPR2017-01241
`
`______________________________
`
`PETITIONER’S MOTION TO FILE UNDER SEAL
`
`
`
`Case No. IPR2017-01241
`U.S. Patent No. 7,503,724
`
`I.
`
`INTRODUCTION
`
`Petitioner, Asphalt Products Unlimited, Inc. (“Petitioner” or “APU”), hereby
`
`moves under 37 C.F.R. §§ 42.14 AND 42.54 for leave to file under seal its brief
`
`and select supporting exhibits opposing Patent Owner’s Motion to Disqualify
`
`Petitioner’s expert, Dr. Alan James. A Protective Order has already been entered
`
`in this proceeding (See Paper 15).
`
`In support of this motion, Petitioner states as follows:
`
`1. The following documents and exhibits to Petitioner’s Opposition to
`
`Patent Owner’s Motion to Disqualify Alan James, Ph.D. discuss,
`
`contain, or otherwise refer to information that has been designated by
`
`the Patent Owner as Protective Order Material. Good cause exists for
`
`sealing each of these exhibits until the Board determines that the
`
`documents or information do not qualify for confidential treatment:
`
`a. Paper 18 – Petitioner’s Opposition to Patent Owner’s Motion to
`
`Disqualify Alan James, Ph.D. Paper 18 substantively discusses
`
`the content of exhibits that have been designated by Patent
`
`Owner as Protective Order Material in their entirety (BEI
`
`Exhibits 2009, 2010, and 2012); and
`
`b. Exhibit 1040 – A Supplemental Declaration of Dr. Alan James
`
`Responsive the Declaration of William F. O’Leary (BEI Ex.
`1
`
`
`
`Case No. IPR2017-01241
`U.S. Patent No. 7,503,724
`
`2010). Petitioner’s Exhibit 1040 substantively discusses the
`
`content of exhibits that have been designated by Patent Owner
`
`as Protective Order Material in their entirety (BEI Exhibits
`
`2009, 2010, and 2012).
`
`2. Non-confidential versions of Paper 18 and Exhibit 1040, in which
`
`confidential information as described above has been redacted, are
`
`being filed together with this motion to seal. See Protective Order at
`
`5(a)(ii).
`
`Date: August 30, 2017
`
`
`
`Respectfully submitted:
`
`.
`Michael K. Leachman, Reg. No. 57,296
`JONES WALKER LLP
`
`Attorney for Petitioner Asphalt Products
`Unlimited, Inc.
`
`2
`
`
`
`Case No. IPR2017-01241
`U.S. Patent No. 7,503,724
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that the foregoing was served electronically
`
`via e-mail on August 30, 2017 in its entirety to Patent Owner by email at
`
`ipr@iplawgroup.com and on the following counsel of record for Petitioner:
`
`Lead Counsel:
`John F. Triggs
`USPTO Reg. No. 47143
`Patterson Intellectual Property Law, P.C.
`1600 Division Street, Suite 500
`Nashville, TN 37203
`jft@iplawgroup.com
`
`Back-up Counsel:
`Seth R. Odgen
`USPTO Reg. No. 65168
`Patterson Intellectual Property Law, P.C.
`1600 Division Street, Suite 500
`Nashville, TN 37203
`sro@iplawgroup.com
`
`Back-up Counsel:
`Ryan D. Levy
`USPTO Reg. No. 58618
`Patterson Intellectual Property Law, P.C.
`1600 Division Street, Suite 500
`Nashville, TN 37203
`rdl@iplawgroup.com
`
`Back-up Counsel:
`William E. Sekyi
`USPTO Reg. No. 45831
`Patterson Intellectual Property Law, P.C.
`1600 Division Street, Suite 500
`Nashville, TN 37203
`wes@iplawgroup.com
`
`Date: August 30, 2017
`
`
`
`.
`Michael K. Leachman, Reg. No. 57,296
`JONES WALKER LLP
`
`Attorney for Petitioner Asphalt Products
`Unlimited, Inc.
`
`3
`
`
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