`571-272-7822
`
`Paper 52
`Date: October 25, 2019
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ZSCALER, INC.,
`Petitioner,
`
`v.
`
`SYMANTEC CORPORATION,
`Patent Owner.
`
`____________
`
`Case IPR2018-00912 (Patent 8,316,429 B2)
`Case IPR2018-00913 (Patent 8,316,429 B2)1
`____________
`
`Before DANIEL N. FISHMAN and MINN CHUNG,
`Administrative Patent Judges.
`
`FISHMAN, Administrative Patent Judge.
`
`
`ORDER
`Authorizing Petitioner’s Renewed Motion to Seal
`37 C.F.R. § 42.54
`
`
`
`1 This order addresses issues that are the same in both identified cases. We
`exercise our discretion to issue one order to be filed in each case. The
`parties are not authorized to use this style heading in subsequent papers.
`
`
`
`
`
`IPR2018-00912 (Patent 8,316,429 B2)
`IPR2018-00913 (Patent 8,316,429 B2)
`
`
`
`
`
`In a conference call on October 24, 2019 with counsel for the parties and
`Judges Fishman and Chung, the panel expressed its concern regarding the process
`and substance for the earlier filed and denied motions to seal. Several of the
`parties’ motions to seal were denied for three reasons: (1) Patent Owner filed
`motions (unopposed but not jointly filed) to seal papers and/or exhibits containing
`information Petitioner had designated as confidential but Petitioner did not timely
`file its own corresponding motion as required by our Scheduling Order; (2)
`motions to seal filed by Petitioner provided inadequate explanation of the nature of
`the alleged confidential information to establish good cause for sealing of the
`identified papers and exhibits; and (3) the proposed redactions for papers and
`exhibits requested to be partially sealed were, in the opinion of the panel,
`excessive. See IPR2018-00912, Paper 50, 65–72; IPR2018-00913, Paper 50, 55–
`61 (collectively “Final Decisions”).
`In each of the above-identified matters, Petitioner is authorized to file a new
`motion to seal requesting again that certain papers and exhibits be partially or
`entirely sealed. The new motion to seal may not exceed five (5) pages and will be
`filed no later than November 7, 2019. The new motion to seal will be
`accompanied by new redacted versions of any papers or exhibits to be partially
`sealed. To establish good cause for the requested protection, Petitioner’s new
`motion and accompanying redactions must better explain the need for
`confidentiality/redaction of any alleged confidential information to cure the
`deficiencies noted in our Final Decisions.
`The parties will confer in hopes of filing the new motion to seal as
`unopposed. However, in each of the above-identified matters, if Patent Owner
`opposes Petitioner’s new motion to seal, Patent Owner is authorized to file an
`
`2
`
`
`
`
`
`
`IPR2018-00912 (Patent 8,316,429 B2)
`IPR2018-00913 (Patent 8,316,429 B2)
`
`
`opposition to Petitioner’s motion to seal no later than November 14, 2019 and not
`to exceed five (5) pages.
`All presently protected papers and exhibits will remain sealed until further
`notice from this panel.
`
`Accordingly, it is:
`ORDERED that, in each of the above-identified matters, Petitioner is
`authorized to file a renewed Motion to Seal no later than November 7, 2019 and
`not to exceed five (5) pages;
`FURTHER ORDERED that, in each of the above-identified matters,
`together with its renewed Motion to Seal, Petitioner shall file narrowly redacted
`public versions of any documents sought to be sealed;
`FURTHER ORDERED that, in each of the above-identified matters, if
`Patent Owner opposes Petitioner’s Motion to Seal, Patent Owner is authorized to
`file an Opposition to Petitioner’s Motion to Seal no later than November 14, 2019
`and not to exceed five (5) pages; and
`FURTHER ORDERED that, in each of the above-identified matters, all
`presently protected papers and exhibits in the record will remain sealed until
`further notice from this panel.
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`
`
`
`
`
`IPR2018-00912 (Patent 8,316,429 B2)
`IPR2018-00913 (Patent 8,316,429 B2)
`
`
`PETITIONER:
`Don Daybell
`Jeremy Jason Lang
`Johannes Hsu
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`D2DPTABDocket@orrick.com
`PTABDocketJJL2@orrick.com
`PTABDocketJ1H1@orrick.com
`
`
`PATENT OWNER:
`
`Chad C. Walters
`Kurt M. Pankratz
`Clarke W. Stavinoha
`Morgan E. Grissum
`BAKER BOTTS L.L.P.
`chad.walters@bakerbotts.com
`kurt.pankratz@bakerbotts.com
`clarke.stavinoha@bakerbotts.com
`morgan.grissum@bakerbotta.com
`
`4
`
`
`
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