`Tel: 571-272-7822
`
`
`
`
`
`Paper 29 (CBM2014-00190)
`Paper 27 (CBM2014-00192)
`Paper 27 (CBM2014-00193)
`Paper 30 (CBM2014-00194)
`Paper 27 (CBM2014-00199)
`Entered: July 6, 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.
`
`ELLURU, Administrative Patent Judge.
`
`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)
`
`
`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.”) Patent Owner’s unredacted “Patent Owner’s Response”
`(Paper 22), which refers to Exhibit 2057. Mot. 1. Patent Owner also filed a
`redacted version of its Patent Owner Response. Paper 23.3 Samsung
`Electronics America, Inc., and Samsung Electronics Co., Ltd. (“Petitioner”)
`did not file an Opposition to Patent Owner’s motion. Paper 274. For the
`reasons stated below, Patent Owner’s motion to seal its unredacted Patent
`Owner’s Response is granted.
`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
`
`
`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 a reference to the
`redacted Patent Owner’s Response.
`4 On June 24, 2015, we ordered Petitioner to indicate whether it opposed
`Patent Owner’s request to seal Patent Owner’s response by June 29, 2015,
`and Petitioner did not file an Opposition.
`
`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)
`
`orders for trade secret or other confidential research, development, or
`commercial information. 77 Fed. Reg. 48,756, 48,760 (Aug. 14, 2012).
`Patent Owner asserts that its unredacted Patent Owner’s Response
`refers to Exhibit 2057. Mot. 1. We issued a decision sealing pages 193–95,
`219–239, and 243–46 of Exhibit 2057. Paper 27.
`Upon considering the content of Patent Owner’s unredacted Patent
`Owner’s Response, along with Petitioner’s and Patent Owner’s
`representations as to the confidentiality of the information provided in the
`unredacted Patent Owner’s Response, we determine that Patent Owner has
`shown good cause for sealing the unredacted version of Patent Owner’s
`Response.
`
`
`
`It is
`ORDERED that Patent Owner’s motion to seal its unredacted Patent
`Owner’s Response (Paper 22) is granted.
`
`
`
`
`
`
`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)
`
`
`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
`
`4
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