TheBrain Technologies, LP v. AnyLogic North America, LLCMOTIONN.D. Ill.June 3, 20191 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ) THEBRAIN TECHNIOLOGIES LP, , ) ) Plaintiff and Counterclaim-Defendant, ) ) Case No. 17-CV-6574 v. ) ) Judge Sharon Johnson Coleman ANYLOGIC NORTH AMERICA, LLC, ) ) Defendant and Counterclaim-Plaintiff. ) ) ANYLOGIC NORTH AMERICA, LLC’S MOTION FOR LEAVE TO FILE EXHIBIT UNDER SEAL Defendant AnyLogic North America, LLC (“AnyLogic”) hereby respectfully moves, under Local Rule 26.2, for leave to file an exhibit under seal, which exhibit is submitted in support of AnyLogic’s accompanying Motion for Attorneys’ Fees Under 35 U.S.C. § 285 (“Fee Motion”). Said exhibit constitutes confidential business information of plaintiff TheBrain Technologies LP (“TheBrain”) and entities who are not parties to this action. In support of this Motion, AnyLogic states as follows: 1. Following this Court’s dismissal of TheBrain’s claims against AnyLogic for alleged infringement of U.S. Patent No. 6,166,736 (“the ’736 patent”), (D.I. 77), AnyLogic concurrently herewith files its Fee Motion. 2. As set forth in the Fee Motion, TheBrain has entered into numerous license agreements relating to the ’736 patent, which agreements are provided as group Exhibit B to the Fee Motion. 3. In particular, group Exhibit B comprises agreements between TheBrain and entities who are not parties to this action, which agreements bear production nos. THEBRAIN- Case: 1:17-cv-06574 Document #: 83 Filed: 06/03/19 Page 1 of 2 PageID #:1009 2 ANYLOGIC-0000193-241 (all of which documents were produced as “Confidential”) and THEBRAIN-ANYLOGIC-001475-89 (a document produced as “Highly Confidential – Attorneys Eyes Only”). 4. The documents in group Exhibit B were produced by TheBrain under the Protective Order agreed to by the parties and entered by this Court on January 10, 2018, (D.E. 42). The Protective Order defines “Confidential” information as “information concerning a person’s business operations, processes, and technical development information within the scope of Rule 26(c)(1)(G), the disclosure of which is likely to harm that person’s competitive position, or the disclosure of which would contravene an obligation to a third party or to a Court.” 5. To maintain the confidential nature of the documents in group Exhibit B, AnyLogic respectfully requests that the Court enter a Sealing Order under Local Rule 26.2, allowing the documents in Exhibit B to remain sealed. For the foregoing reasons, defendant AnyLogic respectfully requests that the Court grant leave for AnyLogic to file the above-described exhibit under seal. Dated: June 3, 2019 Respectfully submitted, s/ Robert P. Greenspoon Robert P. Greenspoon FLACHSBART & GREENSPOON, LLC 333 North Michigan Avenue, 27th Floor Chicago, Illinois 60601-3901 Telephone: (312) 551-9500 E-mail: rpg@fg-law.com Attorney for Defendant and Counterclaim-Plaintiff ANYLOGIC NORTH AMERICA, LLC Case: 1:17-cv-06574 Document #: 83 Filed: 06/03/19 Page 2 of 2 PageID #:1010