Case CBM2013-00023
`Patent No. 5,966,440
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________
`
`APPLE INC.
`Petitioner
`
`v.
`
`SIGHTSOUND TECHNOLOGIES, LLC
`Patent Owner
`______________
`
`Case CBM2013-00023
`Patent 5,966,440
`______________
`
`Before the Honorable MICHAEL P. TIERNEY, JUSTIN T. ARBES, and
`GEORGIANNA W. BRADEN, Administrative Patent Judges.
`
`
`MOTION TO FILE A CONFIDENTIAL DOCUMENT UNDER SEAL
`PURSUANT TO 37 C.F.R. §§ 42.14 & 42.55
`
`
`
`
`
`
`
`
`Patent No. 5,966,440
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________
`
`APPLE INC.
`Petitioner
`
`v.
`
`SIGHTSOUND TECHNOLOGIES, LLC
`Patent Owner
`______________
`
`Case CBM2013-00023
`Patent 5,966,440
`______________
`
`Before the Honorable MICHAEL P. TIERNEY, JUSTIN T. ARBES, and
`GEORGIANNA W. BRADEN, Administrative Patent Judges.
`
`
`MOTION TO FILE A CONFIDENTIAL DOCUMENT UNDER SEAL
`PURSUANT TO 37 C.F.R. §§ 42.14 & 42.55
`
`
`
`
`
`
`
`
`
`Pursuant to authorization communicated by the Patent Trial and Appeal Board
`
`Case CBM2013-00023
`Patent No. 5,966,440
`
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`staff, and to 37 C.F.R. §§ 42.14 and 42.55, Petitioner Apple Inc. (“Petitioner” or
`
`“Apple”) respectfully submits this Motion to Seal the Declaration of Arthur Rangel
`
`(Ex. 4356), filed on November 22, 2013. Petitioner originally designated Ex. 4356
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`for access by “Parties and Board Only” in the Board’s PRPS system, but did not
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`appreciate at that time that such an access designation for the exhibit, filed in
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`connection with a discovery motion, could only be made with an accompanying
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`motion to seal. Upon the Board staff’s inquiry into that designation and clarification
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`of this requirement, Petitioner now respectfully requests that the Board consider its
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`motion and order that this exhibit be sealed for the reasons set forth below. As
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`detailed below, Apple additionally has submitted a redacted copy of Exhibit 4356 as
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`Exhibit 4473 to tailor this request narrowly to the confidential material at issue.
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`I.
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`Background
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` Apple seeks to maintain the confidentiality of the Declaration of Arthur
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`Rangel (Ex. 4356). SightSound and Apple have agreed to be bound by the terms of
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`the Board’s default protective order (see Office Patent Trial Practice Guide at 77 Fed.
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`Reg. 48756, 48771 (Aug. 14, 2012)) (Ex. 4468).
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`II. Confidential Information
`Apple submits that that the Declaration of Arthur Rangel contains Apple
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`confidential business information, including in particular information regarding the
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`type and nature of customer information and feedback gathered by Apple relating to
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`-2-
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`Apple products and services in the course of its competitive business operations. In
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`Case CBM2013-00023
`Patent No. 5,966,440
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`addition, the Declaration of Arthur Rangel discloses confidential business information
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`about additional analysis of customer information and feedback, such as marketing
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`studies conducted with gathered data and the design of Apple surveys. Apple
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`respectfully submits that the public disclosure of this information about the data
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`gathered and analyzed by Apple in connection with its products and services would be
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`beneficial to Apple’s competitors and harmful to Apple.
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`In addition, sealing this information would not conflict with the public interest
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`in making available to the public the information on which the Board’s decisions are
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`based. The Board’s decision on the discovery motion for which this exhibit was
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`submitted made only limited reference to this exhibit, citing it only in assessing the
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`associated burdens of discovery of “tens of thousands of pages of material.” See
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`Decision: SightSound’s Motion for Additional Discovery, Dec. 11, 2013 (Paper 36) at
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`8.
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`Finally, Apple has submitted herewith, as Ex. 4473, a redacted copy of Ex.
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`4356 removing only those portions that are commercially sensitive, thus narrowly
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`tailoring Apple’s request to seal and minimizing any impact on the public availability
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`of documents filed at the Board.
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`For the foregoing reasons, Apple respectfully submits that it has demonstrated
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`good cause and respectfully requests that the Board order the sealing of Ex. 4356.
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`-3-
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`
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`Case CBM2013-00023
`Patent No. 5,966,440
`
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`Respectfully submitted,
`
`By /J. Steven Baughman/
`J. Steven Baughman, Lead Counsel
`Registration No. 47,414
`steven.baughman@ropesgray.com
`Ching-Lee Fukuda, Back-up Counsel
`Registration No. 44,334
`ching-lee.fukuda@ropesgray.com
`James R. Batchelder, Back-up Counsel
`Pro Hac Vice Granted
`james.batchelder@ropesgray.com
`ROPES & GRAY LLP
`Prudential Tower
`800 Boylston Street
`Boston, Massachusetts 02199-3600
`(202) 508-4606 (Telephone)
`(617) 235-9492 (Fax)
`Attorneys/Agents For Petitioner
`
`
`
`
`
`Dated: May 27, 2014
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`-4-
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________
`
`Case CBM2013-00023
`Patent No. 5,966,440
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________
`
`APPLE INC.
`Petitioner
`
`v.
`
`SIGHTSOUND TECHNOLOGIES, LLC
`Patent Owner
`______________
`
`Case CBM2013-00023
`Patent 5,966,440
`______________
`
`Before the Honorable MICHAEL P. TIERNEY, JUSTIN T. ARBES, and
`GEORGIANNA W. BRADEN, Administrative Patent Judges.
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that the foregoing Motion to File A Confidential
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`Document Under Seal Pursuant to 37 C.F.R. §§ 42.14 & 42.55 in connection with
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`Covered Business Method Review Case CBM2013-00023 was served on this 27th day
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`of May, 2014, by electronic mail upon Arnold & Porter LLP, counsel for Patent
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`Owner, at david.marsh@aporter.com and kristan.lansbery@aporter.com, and
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`jennifer.sklenar@aporter.com.
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`Dated: May 27, 2014
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`By / Lauren N. Robinson/
` Lauren N. Robinson
`
`-5-
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