Filed: August 15, 2019
`
`
`By:
`
`Filed on behalf of:
`RED.COM, LLC
`Joseph R. Re
`Douglas G. Muehlhauser
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, 14th Floor
`Irvine, CA 92614
`Tel: (949) 760-0404
`Fax: (949) 760-9502
`E-mail: BoxRedcom7C4LP@knobbe.com
`
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`RED.COM, LLC,
`Patent Owner.
`__________________________________
`
`Case No. IPR2019-01065
`Patent No. 9,245,314
`__________________________________
`
`PATENT OWNER RED.COM, LLC’S
`MOTION TO SEAL UNDER 37 C.F.R. § 42.54
`
`
`
`
`
`
`
`By:
`
`Filed on behalf of:
`RED.COM, LLC
`Joseph R. Re
`Douglas G. Muehlhauser
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, 14th Floor
`Irvine, CA 92614
`Tel: (949) 760-0404
`Fax: (949) 760-9502
`E-mail: BoxRedcom7C4LP@knobbe.com
`
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`RED.COM, LLC,
`Patent Owner.
`__________________________________
`
`Case No. IPR2019-01065
`Patent No. 9,245,314
`__________________________________
`
`PATENT OWNER RED.COM, LLC’S
`MOTION TO SEAL UNDER 37 C.F.R. § 42.54
`
`
`
`
`
`
`Apple v. RED.COM
`U.S. Patent No. 9,245,314 - IPR2019-01065
`
`
`MOTION TO SEAL UNDER 37 C.F.R. § 42.54
`
`Pursuant to 37 C.F.R. § 42.54, Patent Owner RED.COM, LLC hereby
`
`respectfully moves to seal Exhibit 2010 that includes Patent Owner’s confidential
`
`and proprietary business and technical information. Good cause exists for sealing
`
`the information contained therein. Patent Owner is concurrently filing a redacted
`
`version of Exhibit 2010 that will be publicly available.
`
`Patent Owner has conferred with Petitioner Apple Inc. regarding this Motion,
`
`and Petitioner has stated that it does not oppose this Motion.
`
`Patent Owner has indicated to Petitioner that Patent Owner proposes using the
`
`Board’s model Default Protective Order set forth in the July 2019 Office Patent Trial
`
`Practice Guide Update as the Protective Order. Petitioner has not objected.
`
`A. Good Cause Exists for Sealing Certain Confidential Information
`
`Patent Owner submits that this Motion to Seal protects Patent Owner’s truly
`
`sensitive information while not significantly impacting the public’s interest in
`
`maintaining a complete and understandable file history. Concurrently with its
`
`submission of Exhibit 2010, which it requests to be sealed, Patent Owner will file a
`
`public version of Exhibit 2010 with Patent Owner’s confidential information
`
`redacted.
`
`Exhibit 2010 is Patent Owner’s business record containing confidential and
`
`proprietary technical and business information relating to Patent Owner’s products.
`
`-1-
`
`
`
`Apple v. RED.COM
`U.S. Patent No. 9,245,314 - IPR2019-01065
`
`Exhibit 2010 has been marked “Confidential” on its pages since its creation and
`
`treated accordingly by Patent Owner in the ordinary course of its business. Exhibit
`
`2010 should be sealed because the public disclosure of Patent Owner’s confidential
`
`and proprietary technical and business information would competitively harm Patent
`
`Owner by exposing Patent Owner’s confidential and proprietary technology and
`
`business information to potential competitors.
`
`Accordingly, Patent Owner seeks to seal the unredacted version of Exhibit
`
`2010 containing the above confidential information.
`
`B. Certification of Non-Publication
`
`On behalf of Patent Owner, undersigned counsel certifies that, to the best of
`
`its knowledge, the information sought to be sealed by this Motion to Seal has not
`
`been published or otherwise made available to the public. Efforts to maintain the
`
`confidentiality of this information have been undertaken by Patent Owner and its
`
`internal confidential business and product development procedures.
`
`C. Certification of Conference with Opposing Party Pursuant to
`
`37 C.F.R. § 42.54
`
`Patent Owner certifies that it has conferred in good faith with counsel for
`
`Petitioner concerning the subject of this Motion. Petitioner has stated that it does
`
`not oppose this Motion. Patent Owner has conferred with Petitioner regarding its
`
`-2-
`
`
`
`Apple v. RED.COM
`U.S. Patent No. 9,245,314 - IPR2019-01065
`
`proposal to use the Board’s model Default Protective Order and Petitioner has not
`
`objected.
`
`D.
`
`Proposed Protective Order
`
`The Protective Order attached as Exhibit 2025 is the Board’s Default
`
`Protective Order, and Patent Owner proposes the Parties be bound by it in the above-
`
`identified IPR.
`
`
`
`
`
`
`
`Dated: August 15, 2019
`
`
`
`
`
`Respectfully submitted,
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`
`
`
`By: /Douglas G. Muehlhauser/
`Joseph R. Re (Reg. No. 31,291)
`Douglas G. Muehlhauser (Reg. No. 42,018)
`Knobbe, Martens, Olson & Bear, LLP
`E-mail: BoxRedcom7C4LP@knobbe.com
`Customer No. 20,995
`(949) 760-0404
`Attorneys for Patent Owner
`RED.COM, LLC
`
`-3-
`
`
`
`Apple v. RED.COM
`U.S. Patent No. 9,245,314 - IPR2019-01065
`
`
`CERTIFICATE OF SERVICE
`
`
`
`I hereby certify that, pursuant to 37 C.F.R. § 42.6(e)(1) and agreement of the
`
`parties, a true and correct copy of the foregoing PATENT OWNER RED.CM,
`
`LLC’S MOTION TO SEAL UNDER 37 C.F.R. § 42.54 and EXHIBIT 2025 are
`
`being served via email on August 15, 2019 to counsel for Apple Inc. at the email
`
`addresses below:
`
`Michael S. Parsons
`michael.parsons.ipr@haynesboone.com
`Andrew S. Ehmke
`andy.ehmke.ipr@haynesboone.com
`Jordan Maucotel
`jordan.maucotel.ipr@haynesboone.com
`HAYNES AND BOONE, LLP
`2323 Victory Avenue, Suite 700
`Dallas, Texas 75219
`
`
`By: /Douglas G. Muehlhauser/
`Joseph R. Re (Reg. No. 31,291)
`Douglas G. Muehlhauser (Reg. No. 42,018)
`Knobbe, Martens, Olson & Bear, LLP
`E-mail: BoxRedcom7C4LP@knobbe.com
`Attorneys for Patent Owner
`RED.COM, LLC
`
`
`
`Dated: August 15, 2019
`
`
`31142651
`
`
`
`-4-
`
`
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