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`Filed: February 16, 2021
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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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`_________________
`
`VOLTSERVER INC.
`Petitioner
`
`v.
`
`CISCO TECHNOLOGY, INC.
`Patent Owner
`
`_________________
`
`Patent No. 10,735,105
`_________________
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`PETITIONER VOLTSERVER INC.’S MOTION TO SEAL
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`
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`VoltServer Inc. (“Petitioner”) moves to seal Exhibits 1035 and 1036, as
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`well as portions of its Petition, in accordance with the default protective order
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`found in the Trial Practice Guide. Good cause exists for granting this motion
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`because this information was designated confidential by one of the parties.
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`I.
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`Good Cause Exists for Sealing the Confidential Information
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`The Office Patent Trial Practice Guide provides that “the rules aim to
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`strike a balance between the public’s interest in maintaining a complete and
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`understandable file history and the parties’ interest in protecting truly sensitive
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`information.” 77 Fed. Reg. 48756, 48760 (Aug. 14, 2012). Further, those rules
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`“identify confidential information in a manner consistent with Federal Rule of
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`Civil Procedure 26(c)(1)(G), which provides for protective orders for trade secret
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`or other confidential research, development, or commercial information.” Id.
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`(citing 37 C.F.R. § 42.54).
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`In accordance with the rules and procedures, Petitioner moves to seal
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`Exhibits 1035 and 1036 and portions of pages 1-3 of its Petition to protect
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`sensitive commercial and/or business information pertaining to Patent Owner
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`Cisco Technology, Inc. (“Patent Owner”) and Petitioner. To Petitioner’s
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`knowledge, Exhibit 1035 includes information not publically made available by
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`Patent Owner, and the information was made available to Petitioner on a
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`confidential basis. Exhibit 1036 includes information not publically made
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`-2-
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`available by Petitioner, and the information was made available to Patent Owner
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`on a confidential basis. Pages 1-3 of the Petition discuss these exhibits.
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`Because Exhibits 1035 and 1036 and the referenced portions of the
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`Petition contain confidential commercial and/or business information as
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`indicated above, the public disclosure of which could cause Patent Owner and
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`Petitioner, respectively, irreparable harm, good cause exists to seal the entirety of
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`the documents. Protecting the parties’ interest in the confidential information of
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`these exhibits only minimally impacts, if at all, the public’s interest in
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`maintaining a complete file history. For example, the information is not itself
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`submitted as prior art but rather provides context that further supports the
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`conclusion that the challenged claims are obvious.
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`II.
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`Petitioner Requests Entry of Default Protective Order
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`Petitioner requests entry of the Default Protective Order (attached hereto
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`as Attachment A). Pursuant to Section 5(A)(ii) of the protective order, Petitioner
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`has filed a confidential, non-redacted version of the Petition, as well as a
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`redacted version of the Petition to remove the confidential information. It is
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`respectfully requested that this Default Protective Order govern the materials in
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`this proceeding.
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`-3-
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`
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`III. CONCLUSION
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`For the above reasons, Petitioner requests that Exhibits 1035 and 1036 and
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`portions of pages 1-3 of its Petition be placed under seal.
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`
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`Dated: February 16, 2021
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`
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`Respectfully submitted,
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`By: /Naveen Modi/
`
` Naveen Modi (Reg. No. 46,224)
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` Counsel for Petitioner
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`-4-
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`APPENDIX A
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`APPENDIX A
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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
`
`VOLTSERVER INC.
`Petitioner
`v.
`CISCO TECHNOLOGY, INC.
`Patent Owner
`_________________
`Patent No. 10,735,105
`
`____________________
`
`PROTECTIVE ORDER
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`
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`This protective order governs the treatment and filing of confidential
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`information, including documents and testimony.
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`1.
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`Confidential information shall be clearly marked “PROTECTIVE
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`ORDER MATERIAL.”
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`2.
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`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 proceeding
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`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) 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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`1
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`
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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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`(F) The Office. Employees and representatives of the United States Patent
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`and Trademark Office who have a need for access to the confidential
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`information shall have such access without the requirement to sign an
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`Acknowledgement. Such employees and representatives shall include the
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`Director, members of the Board and their clerical staff, other support
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`personnel, court reporters, and other persons acting on behalf of the Office.
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`3.
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`Employees (e.g., corporate officers), consultants, or other persons
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`performing work for a party, other than in-house counsel and in-house counsel’s
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`support staff, who sign the Acknowledgement shall be extended access to
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`confidential information only upon agreement of the parties or by order of the
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`Board upon a motion brought by the party seeking to disclose confidential
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`information to that person. The party opposing disclosure to that person shall have
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`the burden of proving that such person should be restricted from access to
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`confidential information.
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`4.
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`Persons receiving confidential information shall use reasonable efforts
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`to maintain the confidentiality of the information, including:
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`(A) Maintaining such information in a secure location to which persons not
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`authorized to receive the information shall not have access;
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`2
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`
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`(B) Otherwise using reasonable efforts to maintain the confidentiality of the
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`information, which efforts shall be no less rigorous than those the recipient
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`uses to maintain the confidentiality of information not received from the
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`disclosing party;
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`(C) Ensuring that support personnel of the recipient who have access to the
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`confidential information understand and abide by the obligation to maintain
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`the confidentiality of information received that is designated as confidential;
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`and
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`(D) Limiting the copying of confidential information to a reasonable number
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`of copies needed for conduct of the proceeding and maintaining a record of
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`the locations of such copies.
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`5.
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`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 along with a
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`Motion to Seal. The Motion to Seal should provide a non-confidential
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`description of the nature of the confidential information that is under seal,
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`and set forth the reasons why the information is confidential and should not
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`be made available to the public. A party may challenge the confidentiality
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`of the information by opposing the Motion to Seal. The submission shall be
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`3
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`
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`treated as confidential and remain under seal, unless the Board determines
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`that the documents or information do not to qualify for confidential
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`treatment. The information shall remain under seal unless the Board
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`determines that some or all of the information does not qualify for
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`confidential treatment.
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`(ii) Where confidentiality is alleged as to some but not all of the information
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`submitted to the Board, the submitting party shall file confidential and non-
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`confidential versions of its submission, together with a Motion to Seal the
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`confidential version setting forth the reasons why the information redacted
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`from the non-confidential version is confidential and should not be made
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`available to the public. A party may challenge the confidentiality of the
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`information by opposing the Motion to Seal. The non-confidential version
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`of 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 the
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`Board determines that some or all of the redacted information does not
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`qualify for confidential treatment.
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`(B) Documents and Information Exchanged Among the Parties. Documents
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`(including deposition transcripts) and other information designated as
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`confidential that are disclosed to another party during discovery or other
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`4
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`
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`proceedings before the Board shall be clearly marked as “PROTECTIVE
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`ORDER MATERIAL” and shall be produced in a manner that maintains its
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`confidentiality.
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`6. Within 60 days after the final disposition of this action, including the
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`exhaustion of all appeals and motions, each party receiving confidential
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`information must return, or certify the destruction of, all copies of the confidential
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`information to the producing party.
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`7.
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`Standard Acknowledgement of Protective Order. The following form
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`may be used to acknowledge a protective order and gain access to information
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`covered by the protective order:
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`5
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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
`VOLTSERVER INC.
`Petitioner
`v.
`CISCO TECHNOLOGY, INC.
`Patent Owner
`_________________
`Patent No. 10,735,105
`____________________
`
`STANDARD ACKNOWLEDGMENT
`FOR ACCESS TO PROTECTIVE ORDER MATERIAL
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`
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`
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`I __________________________________________, affirm that I have
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`read the 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 other
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`purpose; that I will only allow access to support staff who are reasonably necessary
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`to assist me in this proceeding; that prior to any disclosure to such support staff I
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`informed or will inform them of the requirements of the Protective Order; that I am
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`personally responsible for the requirements of the terms of the Protective Order
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`and I agree to submit to the jurisdiction of the Office and the United States District
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`Court for the 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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`
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`By:
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`Dated:
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`
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`CERTIFICATE OF SERVICE
`I certify that the foregoing Motion to Seal was served on this 16th day of
`February 2021, by electronic means upon Patent Owner at the following
`correspondence address of record as listed on PAIR:
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`Law Office of Cindy Kaplan (Cisco CN)
`P.O. Box 2448
`Saratoga CA 95070
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`Date: February 16, 2021
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`Respectfully submitted,
` /Naveen Modi/
`Naveen Modi
`Reg. No. 46,224
`
`
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