UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`Huawei Technologies Co. Ltd.
`Petitioner
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`v.
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`Nokia Solutions and Networks Oy
`Patent Owner
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`Case IPR2017-01604
`Patent 8,553,636
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`PETITIONER’S MOTION TO SEAL UNDER 35 U.S.C. §312 AND 37
`C.F.R. §42.104
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`Huawei Technologies Co. Ltd.
`Petitioner
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`v.
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`Nokia Solutions and Networks Oy
`Patent Owner
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`Case IPR2017-01604
`Patent 8,553,636
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`PETITIONER’S MOTION TO SEAL UNDER 35 U.S.C. §312 AND 37
`C.F.R. §42.104
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`I. Introduction
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`Pursuant to 37 C.F.R. § 42.14, Petitioner, Huawei Technologies Co.
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`Ltd. (“Petitioner”) hereby move to seal Petitioners’ Petition for Inter Partes
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`Review, HUAWEI-1003, and HUAWEI-1012 (“Proposed Sealed
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`Documents”). The Proposed Sealed Documents are filed contemporaneously
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`with this Motion.
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`II. PROTECTIVE ORDER
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`In the accompanying district court litigation (Nokia Solutions and
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`Networks US LLC and Nokia Solutions and Networks OY v. Huawei
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`Technologies Co. LTD. and Huawei Device USA, Inc., Case No. 2:16-cv-
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`00753-JRG-RSP (E.D. Tex.)), Patent Owner has agreed to a protective
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`order. When Patent Owner appears in the present proceeding, Petitioners
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`anticipate that the parties will negotiate a protective order of the same or
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`similar scope. In the meantime, Petitioners are submitting the default
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`protective order along with this Motion, which may be replaced by a revised
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`protective order at a later date upon agreement between the parties.
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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
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`to strike a balance between the public’s interest in maintaining a complete
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`and understandable file history and the parties’ interest in protecting truly
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`sensitive information.” 77 Fed. Reg. 48756, 48760 (Aug. 14, 2012). Further,
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`those “rules identify confidential information in a manner consistent with
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`Federal Rule of Civil Procedure 26(c)(1)(G), which provides for protective
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`orders for trade secret or other confidential research, development, or
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`commercial information.” Id. (citing 37 C.F.R. § 42.54); see also Illumina v.
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`Columbia University, IPR2013-00011, Paper 66, Aug. 12, 2013 Dec.
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`(granting a motion to seal “technical and business information” and “product
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`development information”).
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`The Proposed Sealed Documents contain information that is subject to
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`the Protective Order entered in the accompanying district court litigation.
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`1. HUAWEI-1012. This document contains Patent Owner’s
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`Infringement Contentions in the accompanying district court
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`litigation related to U.S. Pat. No. 8,553,636. These
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`Infringement Contentions were marked CONFIDENTIAL by
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`the Patent Owner and, as such, are subject to the Protective
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`Order entered on Oct. 07, 2016. See Nokia Solutions and
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`Networks US LLC and Nokia Solutions and Networks OY v.
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`Huawei Technologies Co. LTD. and Huawei Device USA, Inc.,
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`Case No. 2:16-cv-00753-JRG-RSP, Paper 43 (E.D. Tex. Oct.
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`07, 2016)
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`2.
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`Petitioners’ Petition for Inter Partes Review of U.S. Pat. No.
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`8,553,636. This Petition for Inter Partes Review references and
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`discusses the subject-matter of HUAWEI-1012, so it should be
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`classified as CONFIDENTIAL. A redacted version of this
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`Petition is provided herewith.
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`3. HUAWEI-1003. The Declaration of Narayan Mandayam
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`references and discusses the subject-matter of HUAWEI-1012,
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`so it should be classified as CONFIDENTIAL. A redacted
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`version of this Declaration is provided herewith.
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`Pursuant to 37 CFR § 42.55(a), Petitioner proposes entry of the
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`default protective order found in Appendix B of the Trial Practice Guide.
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`As noted previously, the default protective order may be replaced in the
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`future by agreement between the parties to a protective order consistent
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`with that imposed in the related litigation.
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`The aforementioned Proposed Sealed Documents provide evidence
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`of Patent Owner’s belief about the scope and meaning of the claims in U.S.
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`Pat. No. 8,553,636. Thus, the Proposed Sealed Documents are necessary to
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`construe any disputed claims.
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`For the foregoing reasons, the Proposed Sealed Documents described
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`herein should receive a “CONFIDENTIAL” designation and be kept under
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`Respectfully submitted,
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` /Roberto J. Devoto/
` W. Karl Renner, Reg. No. 41,265
` Roberto J. Devoto, Reg. No. 55,108
` Attorneys for Petitioner
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`seal.
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`Date: 6-16-17
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`Customer Number 26171
`Fish & Richardson P.C.
`Telephone: (612) 337-2508
`Facsimile: (612) 288-9696
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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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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`Huawei Technologies Co. Ltd.
`Petitioner
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`v.
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`Nokia Solutions and Networks Oy
`Patent Owner
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`Case IPR2017-01604
`Patent 8,553,636
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`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. Confidential information shall be clearly marked ‘‘PROTECTIVE
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`ORDER MATERIAL.’’
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`2. 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
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`proceeding 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,
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`or a consultant for, or employed by, such a competitor with respect to the
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`subject matter 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
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`persons performing work for a party, other than in-house counsel and in-
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`house counsel’s support staff, who sign the Acknowledgement shall be
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`extended access to confidential information only upon agreement of the
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`parties or by order of the Board upon a motion brought by the party seeking
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`to disclose confidential information to that person. The party opposing
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`disclosure to that person shall have the burden of proving that such person
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`should be restricted from access to confidential information.
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`(F) The Office. Employees and representatives of the Office who have
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`a need for access to the confidential information shall have such access
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`without the requirement to sign an Acknowledgement. Such employees and
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`representatives shall include the Director, members of the Board and their
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`clerical staff, other support personnel, court reporters, and other persons
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`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
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`reasonably necessary to assist those persons in the proceeding shall not be
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`required to sign an Acknowledgement, but shall be informed of the terms
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`and requirements of the Protective Order by the person they are supporting
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`who receives confidential information.
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`3. Persons receiving confidential information shall use reasonable
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`efforts to maintain the confidentiality of the information, including:
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`(A) Maintaining such information in a secure location to which
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`persons not authorized to receive the information shall not have access;
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`(B) Otherwise using reasonable efforts to maintain the confidentiality
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`of the information, which efforts shall be no less rigorous than those the
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`recipient uses to maintain the confidentiality of information not received
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`from the disclosing party;
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`(C) Ensuring that support personnel of the recipient who have access
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`to the confidential information understand and abide by the obligation to
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`maintain the confidentiality of information received that is designated as
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`confidential; and
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`(D) Limiting the copying of confidential information to a reasonable
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`number of copies needed for conduct of the proceeding and maintaining a
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`record of the locations of such copies.
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`4. 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
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`seal, together with a non-confidential description of the nature of the
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`confidential information that is under seal and the reasons why the
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`information is confidential and should not be made available to the public.
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`The submission shall be treated as confidential and remain under seal,
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`unless, upon motion of a party and after a hearing on the issue, or sua
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`sponte, the Board determines that the documents or information do not to
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`qualify for confidential treatment.
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`(ii) Where confidentiality is alleged as to some but not all of the
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`information submitted to the Board, the submitting party shall file
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`confidential and non-confidential versions of its submission, together with a
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`Motion to Seal the confidential version setting forth the reasons why the
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`information redacted from the non-confidential version is confidential and
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`should not be made available to the public. The nonconfidential version of
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`the submission shall clearly indicate the locations of information that has
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`been redacted. The confidential version of the submission shall be filed
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`under seal. The redacted information shall remain under seal unless, upon
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`motion of a party and after a hearing on the issue, or sua sponte, the Board
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`determines that some or all of the redacted information does not qualify for
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`confidential treatment.
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`(B) Documents and Information Exchanged Among the Parties.
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`Information designated as confidential that is disclosed to another party
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`during discovery or other proceedings before the Board shall be clearly
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`marked as ‘‘PROTECTIVE ORDER MATERIAL’’ and shall be produced in
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`a manner that maintains its confidentiality.
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`(j) Standard Acknowledgement of Protective Order. The following
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`form may be used to acknowledge a protective order and gain access to
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`information 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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`Huawei Technologies Co. Ltd.
`Petitioner
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`v.
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`Nokia Solutions and Networks Oy
`Patent Owner
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`Case IPR2017-01604
`Patent 8,553,636
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`Standard Acknowledgment for Access to
`Protective Order Material
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` I
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` _____________________________, affirm that I have read the
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`Protective Order; that I will abide by its terms; that I will use the
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`confidential information only in connection with this proceeding and for no
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`other purpose; that I will only allow access to support staff who are
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`reasonably necessary to assist me in this proceeding; that prior to any
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`disclosure to such support staff I informed or will inform them of the
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`requirements of the Protective Order; that I am personally responsible for the
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`requirements of the terms of the Protective Order and I agree to submit to
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`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
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`Protective Order and providing remedies for its breach.
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`Signed ____________________________________________
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR §§ 42.6(e)(4)(i) et seq. and 42.105(b), the
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`undersigned certifies that on June 16, 2017 a complete and entire copy of
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`this MOTION TO SEAL UNDER 37 CFR § 42.54 was provided via FedEx,
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`to the Patent Owner by serving the correspondence addresses of record as
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`follows:
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`Squire PB (NVA/DC Office)
`8000 TOWERS CRESCENT DRIVE
`14TH FLOOR
`VIENNA VA 22182-6212
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`Service was also made to the litigation counsel of the Patent Owner by
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`serving the correspondence email address of record as follows:
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`Alston & Bird LLP
`101 S. Tryon Street, Suite 4000
`Charlotte, NC 28280
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`Emails: ben.pleune@alston.com, Marsha.Diedrich@alston.com and Nokia-
`Huawei@alston.com
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`/Christine Rogers/
`Christine Rogers
`Fish & Richardson P.C.
`60 South Sixth Street, Suite 3200
`Minneapolis, MN 55402
`(650) 839-5092
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