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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`PETROLEUM GEO-SERVICES INC.
`and
`ION GEOPHYSICAL CORPORATION
`AND ION INTERNATIONAL S.A.R.L.
`Petitioners
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`v.
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`WESTERNGECO, LLC
`Patent Owner
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`Case IPR2014-006871
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`U.S. Patent No. 7,162,967
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`PETITIONER’S MOTION TO SEAL
`PORTIONS OF ITS MOTION TO EXCLUDE UNDER 37 CFR § 42.14
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`1 Case IPR2015-00566 has been joined with this proceeding.
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`Pursuant to 37 CFR § 42.14, Petitioner Petroleum Geo-Services Inc. (PGS)
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`respectfully submits this Motion to Seal Portions of its Motion to Exclude, which is
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`being filed concurrently with this Motion.
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`I.
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`Reasons for Redacting Portions of the Motion
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`The standard governing the Board’s determination of whether to grant a
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`motion to seal is “good cause.” Garmin v. Cuozzo, IPR2012-0001, Paper 36 (April
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`5, 2013). The board aims to “strike a balance between the public’s interest in
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`maintaining a complete and understandable file history and the parties’ interest in
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`protecting truly sensitive information.” Id.
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`PGS’s Motion to Exclude discusses and cites exhibits (2002, 2003, 2006,
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`2019, 2052, 2079, 2080, 2086, 2149, and 2150) that were designated as confidential
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`pursuant to a protective order in district court litigation against ION. WesternGeco
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`LLC v. ION Geophysical Corp. et al., No. 09-cv-01827, ECF No. 28 (S.D. Tex.
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`Aug. 28, 2009). These materials were obtained by Petitioner via compelled
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`discovery in the context of its current litigation against PGS in WesternGeco LLC v.
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`Petroleum Geo-Services, Inc., No. 13-cv-2725, ECF No. 60 (S.D. Tex. Jan. 13,
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`2014), and are subject to a protective order in that litigation as well. WesternGeco
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`LLC v. Petroleum Geo-Services, Inc., No. 13-cv-2725, ECF No. 37 (S.D. Tex. Jan.
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`13, 2014). PGS’s Motion also discusses exhibits (1089, 1090, 2077) that have been
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`designated by WesternGeco as containing business confidential information. These
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`exhibits, the statement and deposition transcripts of Mr. Robin Walker in this
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`proceeding, have been designated as confidential by WesternGeco.
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`Pursuant to Section 4(A)(ii) of the Board’s default protective order applicable
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`in this proceeding, PGS has filed a confidential, non-redacted version of its Motion
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`as well as a redacted version of its Motion to remove references and citations to the
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`sealed information and exhibits. Because the redacted portions of the Motion are
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`subject to the aforementioned protective orders, Petitioner brings this motion to seal
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`with good cause.
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`II. Conclusion
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`For the foregoing reasons, Petitioner requests that the Board grant
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`Petitioner’s Motion to Seal. Petitioner understands that the documents filed
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`concurrently with this motion will remain sealed pending the outcome of the
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`decision on this motion. See 37 C.F.R. § 42.14. Should the Board require it before
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`deciding this motion, PGS is prepared to meet and confer with WesternGeco to
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`prepare any Joint Motion to Seal that may be required to further clarify the bases
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`for sealing the above documents.
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`Dated: June 29, 2015
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`Respectfully Submitted,
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`3
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`_/Jessamyn Berniker/________
`Jessamyn Berniker
`Reg. No. 72,328
`Williams & Connolly, LLP
`725 12th St., NW
`Washington, DC 20005
`Telephone: 202-434-5000
`Facsimile: 202-434-5957
`Email: jberniker@wc.com
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`Attorney for Petitioner
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`4
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that the above-captioned Petroleum Geo-
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`Service Inc.’s “Motion to Seal Portions of Its Motion to Exclude Under 35 C.F.R.
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`§ 42.55” was served to the Patent Owner by delivering a copy via electronic mail
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`upon the following attorneys of record.
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`For Petitioner ION Geophysical Corporation and ION International S.A.R.L.:
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`W. Karl Renner
`Roberto Devoto
`IPR37136-0003IP1@fr.com
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`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`202-783-5070
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`For Patent Owner:
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`Michael L. Kiklis
`CPDocketKiklis@oblon.com
`Scott McKeown
`CPDocketMcKeown@oblon.com
`Kevin Laurence
`CPDocketLaurence@oblon.com
`Katherine Cappaert
`CPDocketCappaert@oblon.com
`Christopher Ricciuti
`CPDocketRicciuti@oblon.com
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`Oblon
`1940 Duke Street
`Alexandria, Virginia 22314
`703-413-3000
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`5
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`__/Jessamyn Berniker/______
`Jessamyn Berniker
`Reg. No. 72,328
`Williams & Connolly, LLP
`725 12th St., NW
`Washington, DC 20005
`Telephone: 202-434-5000
`Facsimile: 202-434-5957
`Email: jberniker@wc.com
`
`Attorney for Petitioner
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`6
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`DATE: June 29, 2015.