Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`
`
`
`
`Paper 27 (CBM2014-00190)
`Paper 25 (CBM2014-00192)
`Paper 25 (CBM2014-00193)
`Paper 28 (CBM2014-00194)
`Paper 25 (CBM2014-00199)
`Entered: June 24, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SAMSUNG ELECTRONICS AMERICA, INC. and SAMSUNG
`ELECTRONICS CO., LTD.,
`Petitioner,
`
`v.
`
`SMARTFLASH LLC,
`Patent Owner.
`
`Cases1
`CBM2014-00190 (Patent 7,334,720 B2)
`CBM2014-00192 (Patent 8,033,458 B2)
`CBM2014-00193 (Patent 8,061,598 B2)
`CBM2014-00194 (Patent 8,118,221 B2)
`CBM2014-00199 (Patent 8,118,221 B2)
`
`
`
`
`
`
`
`
`
`Before JENNIFER S. BISK, RAMA G. ELLURU, GREGG I. ANDERSON,
`MATTHEW R. CLEMENTS, and PETER P. CHEN,
`Administrative Patent Judges.
`
`
`1 This order addresses issues that are the same in all identified cases. We
`exercise our discretion to issue one order to be filed in each case. The
`parties, however, are not authorized to use this style heading in subsequent
`papers.
`
`
`
`
`Tel: 571-272-7822
`
`
`
`
`
`
`
`Paper 27 (CBM2014-00190)
`Paper 25 (CBM2014-00192)
`Paper 25 (CBM2014-00193)
`Paper 28 (CBM2014-00194)
`Paper 25 (CBM2014-00199)
`Entered: June 24, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SAMSUNG ELECTRONICS AMERICA, INC. and SAMSUNG
`ELECTRONICS CO., LTD.,
`Petitioner,
`
`v.
`
`SMARTFLASH LLC,
`Patent Owner.
`
`Cases1
`CBM2014-00190 (Patent 7,334,720 B2)
`CBM2014-00192 (Patent 8,033,458 B2)
`CBM2014-00193 (Patent 8,061,598 B2)
`CBM2014-00194 (Patent 8,118,221 B2)
`CBM2014-00199 (Patent 8,118,221 B2)
`
`
`
`
`
`
`
`
`
`Before JENNIFER S. BISK, RAMA G. ELLURU, GREGG I. ANDERSON,
`MATTHEW R. CLEMENTS, and PETER P. CHEN,
`Administrative Patent Judges.
`
`
`1 This order addresses issues that are the same in all identified cases. We
`exercise our discretion to issue one order to be filed in each case. The
`parties, however, are not authorized to use this style heading in subsequent
`papers.
`
`
`
`
`
`CBM2014-00190 (Patent 7,334,720 B2)
`CBM2014-00192 (Patent 8,033,458 B2)
`CBM2014-00193 (Patent 8,061,598 B2)
`CBM2014-00194 (Patent 8,118,221 B2)
`CBM2014-00199 (Patent 8,118,221 B2)
`ELLURU, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5
`
`
`
`
`
`Patent Owner Smartflash LLC (“Patent Owner”) filed a motion to seal
`
`(Paper 242; “Mot.”), requesting that Exhibit 2057 in its entirety and Patent
`
`Owner’s unredacted “Patent Owner’s Response” (Paper 22), which refers to
`
`Exhibit 2057, be sealed. Patent Owner also filed a redacted version of its
`
`Patent Owner Response. Paper 23.3 Patent Owner’s motion was filed on
`
`June 1, 2015. Pursuant to an email from the Board4, Samsung Electronics
`
`America, Inc., and Samsung Electronics Co., Ltd. (“Petitioner”) filed an
`
`Opposition to Patent Owner’s motion. Paper 26. For the reasons stated
`
`below, Patent Owner’s motion to seal is granted in part.
`
`
`2 Paper numbers refer to papers in CBM2015-00190, unless otherwise
`specified.
`3 We note that Patent Owner’s motion states “Petitioner is concurrently
`filing a non-confidential version of the Petition with the confidential
`material redacted” (Mot. at 1), which we interpret as an error, and instead
`interpret the statement as a reference to Patent Owner’s Response.
`4 We note that our email, dated June 16, 2015, requested Petitioner to
`indicate whether it opposes Patent Owner’s motion to seal. Patent Owner’s
`motion to seal requested sealing Exhibit 2057 and the unredacted version of
`Patent Owner’s Response. Paper 24. Petitioner’s opposition, however,
`addresses only Patent Owner’s request to seal Exhibit 2057. Paper 26.
`Thus, Petitioner has through June 29, 2015, to indicate whether it opposes
`Patent Owner’s request to seal Patent Owner’s unredacted Response.
`
`2
`
`
`
`CBM2014-00190 (Patent 7,334,720 B2)
`CBM2014-00192 (Patent 8,033,458 B2)
`CBM2014-00193 (Patent 8,061,598 B2)
`CBM2014-00194 (Patent 8,118,221 B2)
`CBM2014-00199 (Patent 8,118,221 B2)
`Patent Owner must show good cause for the relief requested,
`
`including why the information is appropriate to be filed under seal. 37
`
`C.F.R. § 42.54. The Office Patent Trial Practice Guide notes that 37 C.F.R.
`
`§ 42.54 identifies confidential information in a manner consistent with
`
`Federal Rule of Civil Procedure 26(c)(1)(G), which provides for protective
`
`orders for trade secret or other confidential research, development, or
`
`commercial information. 77 Fed. Reg. 48,756, 48,760 (Aug. 14, 2012).
`
`Exhibit 2057 is a portion of a transcript beginning on a page marked
`
`“189” and ending on a page marked “287.” Patent Owner asserts that
`
`Exhibit 2057 is the unredacted transcript of the confidential portion of the
`
`deposition of Jeffrey Adam Bloom, Ph.D. (Petitioner’s declarant), taken on
`
`May 20, 2015. Mot. at 1. Patent Owner asserts that at the time of filing its
`
`Patent Owner Response, it was unclear whether Dr. Bloom’s employer,
`
`SiriusXM, desired to maintain the confidentiality designation of the
`
`transcript, and counsel for Petitioner could not give counsel for Patent
`
`Owner a definitive answer before the deadline for filing. Id. Thus, contends
`
`Patent Owner, “Good cause therefore exists for sealing this exhibit,
`
`redacting reference to it in the publicly filed Patent Owner’s Response and
`
`treating it as [sealed] until such time as counsel for Petitioner can give a
`
`definitive answer.” Id.
`
`Petitioner asserts that “the pages of Exhibit 2057 containing arguably
`
`confidential material are those marked: 193–95, 219–239, and 243–46,” and
`
`Petitioner does not oppose Patent Owner’s request to seal these pages. Paper
`
`26, 2. Petitioner, however, does oppose sealing the remaining pages of the
`
`transcript, which are 189–192, 196–218, 240–42, and 247–287, contending
`
`3
`
`
`
`CBM2014-00190 (Patent 7,334,720 B2)
`CBM2014-00192 (Patent 8,033,458 B2)
`CBM2014-00193 (Patent 8,061,598 B2)
`CBM2014-00194 (Patent 8,118,221 B2)
`CBM2014-00199 (Patent 8,118,221 B2)
`that these pages “do not appear to contain testimony touching on
`
`confidential topics.” Id. at 2–3.
`
`Upon considering the content of Exhibit 2057, along with Petitioner’s
`
`and Patent Owner’s representations as to the confidentiality of the
`
`information provided by Dr. Bloom, we determine that Patent Owner has
`
`shown good cause for sealing pages 193–95, 219–239, and 243–46 of
`
`Exhibit 2057, but not the remaining pages.
`
`
`
`
`
`
`
`It is
`
`ORDERED that Patent Owner’s motion to seal pages 193–95, 219–
`
`239, and 243–46 of Exhibit 2057 is granted;
`
`FURTHER ORDERED that Patent Owner’s motion to seal pages
`
`189–192, 196–218, 240–42, and 247–287 is denied;
`
`FURTHER ORDERED that Patent Owner shall file a redacted version
`
`of Exhibit 2057 redacting only those pages that are sealed by June 29, 2015;
`
`and
`
`FURTHER ORDERED that Petitioner shall indicate whether it
`
`opposes Patent Owner’s request to seal Patent Owner’s Response by June
`
`29, 2015.
`
`
`
`
`
`
`
`
`
`4
`
`
`
`CBM2014-00190 (Patent 7,334,720 B2)
`CBM2014-00192 (Patent 8,033,458 B2)
`CBM2014-00193 (Patent 8,061,598 B2)
`CBM2014-00194 (Patent 8,118,221 B2)
`CBM2014-00199 (Patent 8,118,221 B2)
`
`PETITIONER:
`
`Walter Renner
`Thomas Rozylowicz
`Fish & Richardson P.C.
`axf@fr.com
`CBM39843-0007CP2@fr.com
`
`
`PATENT OWNER:
`
`Michael R. Casey
`J. Scott Davidson
`DAVIDSON BERQUIST JACKSON & GOWDEY LLP
`mcasey@dbjg.com
`jsd@dbjg.com
`
`5
`
`
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