`________________________
`
`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,
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`Petitioners,
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`v.
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`WESTERNGECO LLC
`
`Patent Owner.
`
`____________
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`Case IPR2014-006881
`
`U.S. Patent No. 7,080,607
`____________
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`MOTION FOR PRESERVATION IN NON-PUBLIC FORM OF THE
`RECORD PENDING APPEAL
`
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`1 Case IPR2015-00567 has been joined with this proceeding.
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`
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`Patent Owner WesternGeco LLC (“WG”) respectfully requests that Exhibits
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`2002-04, 2006, 2014, 2019-23, 2027, 2052, 2069, 2077, 2079-80, 2086, 2103,
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`2114-17, 2124-26, 2129-35, 2149, 2150, 2157-60 in IPR2014-00688 be preserved
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`in non-public form pending any appeal.
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`As a general rule, confidential information referred to in a final written
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`decision becomes public 45 days after final judgment, unless a motion to expunge
`
`is filed. 77 Fed. Reg. 48761; 37 C.F.R. § 42.56. As was explained in the parties’
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`previously filed motions to seal (Paper Nos. 29, 44, and 91), Exhibits 2002-04,
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`2006, 2014, 2019-23, 2027, 2052, 2069, 2077, 2079-80, 2086, 2103, 2114-17,
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`2124-26, 2129-35, 2149, 2150, 2157-60 contain confidential information that
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`ultimately should be expunged rather than being made public. The Board,
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`however, has found it “reasonable to maintain the record undisturbed pending
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`resolution of the Appeal, or any subsequent appeal concerning this proceeding.”
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`U.S. Bancorp v. Solutran, Inc., CBM2014-00076, Paper 47 at 2-3 (PTAB Jan. 4,
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`2016). And the Federal Circuit’s rules affirm this approach. Specifically, Federal
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`Circuit Rule 17(a) provides that “[t]he agency must retain the record,” and Federal
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`Circuit Rule 17(d) confirms that parties and counsel must have access to the
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`original record. Beyond these governing principles, expungement presents a real
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`risk of prejudice where “on judicial review, the correctness of the decision
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`appealed from can be defended by the appellee on any aground that is supported by
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`1
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`the record.” See, e.g., Rexnord Indus., LLC v. Kappos, 705 F.3d 1347, 1356 (Fed.
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`
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`Cir. 2013).
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`Accordingly, WG requests that Exhibits 2002-04, 2006, 2014, 2019-23,
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`2027, 2052, 2069, 2077, 2079-80, 2086, 2103, 2114-17, 2124-26, 2129-35, 2149,
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`2150, 2157-60 be preserved pending a possible appeal but remain in non-public
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`form. The good-cause grounds for sealing Exhibits 2002-04, 2006, 2014, 2019-23,
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`2027, 2052, 2069, 2077, 2079-80, 2086, 2103, 2114-17, 2124-26, 2129-35, 2149,
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`2150, 2157-60 have been detailed in joint motions to seal and Patent Owner’s
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`motions to seal (Paper Nos. Paper Nos. 29, 45, and 91).
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`For the foregoing reasons, WG moves the Board to maintain Exhibits 2002-
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`04, 2006, 2014, 2019-23, 2027, 2052, 2069, 2077, 2079-80, 2086, 2103, 2114-17,
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`2124-26, 2129-35, 2149, 2150, 2157-60 in their non-public form pending any
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`appeal, or, if no appeal is taken, to address this matter further.
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`If, however, the Board declines to preserve Exhibits 2002-04, 2006, 2014,
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`2019-23, 2027, 2052, 2069, 2077, 2079-80, 2086, 2103, 2114-17, 2124-26, 2129-
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`35, 2149, 2150, 2157-60 in their non-public form, WG respectfully requests
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`expungement of those exhibits under 37 C.F.R. § 42.56, for the good cause
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`explained above.
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`2
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`Respectfully submitted,
`Oblon, McClelland, Maier &
`Neustadt, LLP
`
`
`
`/Michael L. Kiklis/
`Michael L. Kiklis
`Registration No. 38,939
`
`Attorney for Patent Owner
`WESTERNGECO L.L.C.
`
`
`
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`Dated: January 29, 2016
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`Customer Number
` 22850
`Tel. (703) 413-3000
`Fax. (703) 413-2220
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`3
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies service of MOTION FOR
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`PRESERVATION IN NON-PUBLIC FORM OF THE RECORD PENDING
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`APPEAL on the counsel of record for the Petitioners by filing this document
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`through the Patent Review Processing System as well as delivering a copy via
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`electronic mail to the following addresses:
`
`David Berl
`dberl@wc.com
`
`Jessamyn Berniker
`jberniker@wc.com
`
`Thomas S. Fletcher
`tfletcher@wc.com
`
`Christopher Suarez
`csuarez@wc.com
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`W. Karl Renner
`Roberto Devoto
`IPR37136-0002IP1@fr.com
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`/Michael L. Kiklis/
`Michael L. Kiklis
`Registration No. 38,939
`
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`Attorney for Patent Owner
`WESTERNGECO L.L.C.
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`4
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`Date: January 29, 2016
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