`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________
`
`HENDRICKSON USA L.L.C.,
`GREAT DANE L.L.C., and
`QUEST GLOBAL, INC.,
`Petitioners,
`
`v.
`
`TRANS TECHNOLOGIES COMPANY,
`Patent Owner
`_________________
`
`Case IPR2017-01510
`U.S. Patent 7,669,465
`
`_________________
`
`
`
`CORRECTED JOINT MOTION TO SEAL
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`i
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`I.
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`Introduction
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`On February 26, Petitioners and Patent Owner filed a Joint Motion to Seal
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`Exhibits 2011-2013 and Exhibits 2016-2019. (Paper 9.) In addition to filing
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`redacted and non-redacted versions of these exhibits, Patent Owner filed redacted
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`and non-redacted versions of its Patent Owner Response and Ex. 2034 (Declaration
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`of T. Kim Parnell) because they cite to one or more of Exhibits 2011-2013 and
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`Exhibits 2016-2019. Subsequently, Patent Owner requested leave to file a
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`Corrected Patent Owner Response to address non-substantive, typographical
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`errors. On March 7, the Board granted Patent Owner’s request and further
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`authorized the parties to file a corrected Joint Motion to Seal that addresses any
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`additional documents either party reasonably wants sealed such as, for example,
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`Ex. 2034 and the Corrected Patent Owner Response. (Paper 12.)
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`Pursuant to the Board’s Order of March 7th (Paper 12), the parties repeat its
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`motion to seal Exhibits 2011-2013 and Exhibits 2016-2019 as stated in the initial
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`Joint Motion to Seal (Paper 9) and further move to seal Ex. 2034 and the Corrected
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`Patent Owner Response.
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`II. Overview of The Confidential Documents
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`In the underlying litigation, Petitioner Hendrickson USA L.L.C.
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`(“Hendrickson”) disclosed Exhibits 2011-2013 and Exhibits 2016-2019 to Patent
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`Owner and designated them as confidential pursuant to the District Court’s
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`
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`1
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`
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`Protective Order. The District Court modified the Protective Order so that these
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`documents may be used in the instant inter partes review proceeding. The parties
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`agreed that Patent Owner may submit the exhibits, designated as Confidential –
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`Attorneys Eyes Only, to the extent that they are submitted with an accompanying
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`motion to seal and filed as “Board Only” documents.
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`In addition, Patent Owner submitted Ex. 2034 and concurrently submits it
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`Corrected Patent Owner Response, each of which cite to one or more of Exhibits
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`2011-2013 and Exhibits 2016-2019, thereby making Ex. 2034 and the Corrected
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`Patent Owner Response confidential.
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`Hendrickson reserves all applicable grounds for objections to Patent
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`Owner’s use of the Exhibits identified herein.
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`III. Good Cause Exists to Seal The Confidential Documents
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`The standard for granting a motion to seal is “for good cause.” 37 C.F.R. §
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`42.54. The party asserting confidentiality must explain why the information
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`sought to be sealed constitutes confidential information. Medtronic, Inc., v. Robert
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`Bosch Healthcare Systems, Inc., IPR2014-00488, paper 60, p.3 (PTAB 2015).
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`Ex. 2011 (Excerpts of Wilson Deposition) is a set of excerpts taken from the
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`Deposition Transcript of Matt Wilson. Page 145, line 25 to page 146, line 6 are
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`designated confidential. The testimony includes Hendrickson’s sales information
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`for 2015. Hendrickson maintains such information highly confidential and public
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`2
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`
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`disclosure, particularly to competitors, would risk competitive harm to
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`Hendrickson.
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`Ex. 2012 (HEN0106179) is an email correspondence involving Hendrickson
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`dated September 2009. This document includes Hendrickson internal
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`communications regarding Hendrickson and customer business plans and technical
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`issues, as well as contact information. Hendrickson maintains such information
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`confidential and public disclosure, particularly to competitors, would risk
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`competitive harm to Hendrickson. Hendrickson has redacted this document to
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`exclude such confidential information with the exclusion of information discussing
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`to TransTech products.
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`Ex. 2013 (HEN0095937) is an email correspondence involving Hendrickson
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`dated June 2012. This document includes Hendrickson internal communications
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`regarding Hendrickson and customer business plans and technical issues, as well as
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`contact information. Hendrickson maintains such information confidential and
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`public disclosure, particularly to competitors, would risk competitive harm to
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`Hendrickson. Hendrickson has redacted this document to exclude such
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`confidential information with the exclusion of information discussing to TransTech
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`products.
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`Ex. 2016 (HEN0003835) is an April 2013 Power Point presentation created
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`by Hendrickson discussing Marketing Metrics for Hendrickson’s Business. This
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`3
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`
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`document shows Hendrickson’s sales information for 2008 through 2013 as well as
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`disclosing top customers. Hendrickson maintains such information highly
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`confidential and public disclosure, particularly to competitors, would risk
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`competitive harm to Hendrickson.
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`Ex. 2017 (HEN0089430) is a November 2009 Power Point Relating to the
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`development of Tiremaax Pro. This document shows Hendrickson’s internal
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`processes for product development, cost information, analysis of competitors, and
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`technical issues. Hendrickson maintains such information highly confidential and
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`public disclosure, particularly to competitors, would risk competitive harm to
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`Hendrickson.
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`Ex. 2018 (HEN0106262) is an email correspondence involving Hendrickson
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`dated December 2009. This document includes Hendrickson personnel contact
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`information that Hendrickson generally keeps confidential. Hendrickson has
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`redacted this document to exclude such confidential information.
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`Ex. 2019 (HEN0106474) is an email correspondence involving Hendrickson
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`dated October 2010. This document includes Hendrickson personnel contact
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`information generally keeps confidential. Hendrickson has redacted this document
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`to exclude such confidential information.
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`Ex. 2034 (Declaration of T. Kim Parnell) is a declaration submitted by
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`Patent Owner that discusses some of these confidential documents at ¶112 and
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`4
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`
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`therefore contains confidential information. Accordingly, Patent Owner has
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`redacted portions of ¶112.
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`The Corrected Patent Owner Response is filed concurrently pursuant to the
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`Board’s March 7th Order (Paper 12.) The Corrected Patent Owner Response
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`discusses these confidential documents at pages 55-57 and therefore contains
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`confidential information. Accordingly, Patent Owner has redacted portions of
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`these pages.
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`IV. Conclusion
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`The parties respectfully request entry of the Default Protective Order and
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`that the Board grant this motion to file Exhibits 2011-2013, 2016-2019, 2034 and
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`the Corrected Patent Owner Response under seal.
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`Respectfully submitted,
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`Date: March 9, 2018
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`
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`
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`For Patent Owner
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`/s/V.Ganti/
`
`
`
`Vivek Ganti (Reg. No. 71,368)
`Lead Counsel for Patent Owner
`Hill, Kertscher & Wharton, LLP
`3350 Riverwood Pkwy, Suite 800
`Atlanta, GA 30339
`vg@hkw-law.com
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`For Petitioners
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`
`/s/Paul J. Ripp/
`Paul J. Ripp (Reg. No. 54,400)
`Counsel for Petitioner Hendrickson
`Williams Montgomery & John LTD,
`233 S. Wacker, Chicago, Illinois 60606
`pjr@willmont.com
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`5
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