`Patent No. 6,786,418
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`________________________________
`
`CPI CARD GROUP INC.
`Petitioner
`
`v.
`
`Gemalto S.A.
`Patent Owner
`
`________________________________
`
`Case: IPR2017-01320
`U.S. PATENT 6,786,418
`
`MOTION TO SEAL
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`PO Box 1450
`Alexandria, Virginia 22313-1450
`Submitted Electronically via the Patent Review Processing System
`
`
`
`Case IPR2017-01320
`Patent No. 6,786,418
`
`Pursuant to 37 C.F.R. §§ 42.14 and 42.54, Petitioner, CPI Card Group Inc.,
`
`respectfully submits this Motion to Seal all of its Exhibit 1013 and portions of its
`
`Exhibit 1006, which are being filed concurrently with this Motion. Good cause
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`exists for sealing the identified documents in accordance with the Board’s Default
`
`Protective Order, to which Petitioner agrees to be bound.
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`I. Good Cause Exists For Sealing The Identified Information
`
`Exhibit 1006 is Exhibit A to Gemalto S.A.’s Amended Infringement
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`Contentions, dated October 13, 2016, served in co-pending litigation in the District
`
`of Colorado, Civil Action No. 1:16-cv-01006-RBJ, under a protective order.
`
`Exhibit 1013 is Transcript of Deposition Of François Maurel held April 20,
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`2017, in the above identified co-pending litigation in the District of Colorado.
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`Pursuant to the protective order in that litigation, counsel for the purported patent
`
`owner has requested that the entire deposition transcript be marked Confidential,
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`Attorneys’ Eyes Only.
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`Portion of Exhibit 1006 contain Petitioner’s confidential trade secret,
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`business, and commercial information. More specifically, Exhibit 1006 contains
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`confidential business and technical information about the composition and operation
`
`of Petitioner’s Card@Once® system. Public disclosure of this information would
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`be commercially harmful to Petitioner. Moreover, the particular technical details of
`
`
`
`Case IPR2017-01320
`Patent No. 6,786,418
`
`this document are largely unimportant to the substantive merits of this proceeding,
`
`and the public’s interest in having access to the exhibit is minimal.
`
`The Petition references a few statements in Exhibit 1006 made by the
`
`purported Patent Owner, Gemalto, S.A. in regard to claim construction and in regard
`
`to the Goman reference (Exhibit 1001). None of the portions of Exhibit 1006 cited
`
`by Petitioner contain confidential information.
`
`Similarly, the Petition references a few statements in Exhibit 1013 made by
`
`Mr. François Maurel, the inventor identified on U.S. Patent 6,786,418. None of the
`
`portions of Exhibit 1013 cited by Petitioner contain confidential information.
`
`After counsel for the patent owner has been identified, Petitioner’s
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`undersigned representative will contact said counsel to confer regarding the
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`preparation and filing of redacted, non-confidential copies of Exhibits 1006 and
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`1013, hopefully obviating the need for this motion and the sealing of Exhibits 1006
`
`and 1013.
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`Accordingly, Petitioner requests an order sealing Exhibits 1006 and 1013.
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`Dated: May 1, 2017
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`
`
`Respectfully submitted,
`
`
`/Michael J. Scheer/
`Michael J. Scheer, Lead Counsel
`Reg. No. 34,425
`mscheer@michaeljscheer.com
`
`
`
`Case IPR2017-01320
`Patent No. 6,786,418
`
`The Law Office Of Michael J. Scheer
`5531 Murietta Avenue
`Sherman Oaks, CA 91401
`818-616-3363,
`Counsel for Petitioner
`
`
`
`
`
`
`
`Case IPR2017-01320
`Patent No. 6,786,418
`
`CERTIFICATION OF SERVICE
`
`Pursuant to 37 C.F.R. §§ 42.6(e) and 42.105(a), this is to certify that on May 1,
`2017, I caused to be served a true and correct copy of the foregoing “MOTION TO
`SEAL” by overnight courier on the alleged Patent Owner at the correspondence
`address of record for U.S. Patent No. 6,786,418, as follows:
`
`
`Correspondence Address:
`
`Buchanan, Ingersoll & Rooney PC
`Post Office Box 1404
`Alexandria VA 22313-1404
`
`
`I further caused to be served a true and correct copy of the foregoing
`“MOTION TO SEAL” by overnight courier on known litigation counsel for the
`purported Patent Owner for U.S. Patent No. 6,786,418, as follows:
`
`Peter C. Schechter
`Osha Liang LLP
`Two Houston Center
`Suite 3500
`909 Fannin Street
`Houston, TX 77010
`
`
`Litigation Counsel:
`
`Respectfully submitted,
`
`/Deomattie Kumar/
`
`Deomattie Kumar
`PARALEGAL FOR PETITIONER
`
`
`
`
`
`Dated: May 1, 2017
`
`
`
`
`
`
`
`
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