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`UNITED STATES PATENT AND TRADEMARK OFFICE
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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 IPR2014-006881
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`U.S. Patent No. 7,080,607
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`PETITIONER’S MOTION TO SEAL UNDER 37 CFR § 42.14
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`1 Case IPR2015-00567 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 Reply to the Patent Owner
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`Response to its Petition for Inter Partes Review, as well as certain Exhibits attached
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`thereto, all of which are being filed concurrently with this Motion.
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`I.
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`Reasons for Sealing Exhibits and Redacting Related Portions of
`the Petition
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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 Reply to WesternGeco’s Patent Owner Response to the Petition for
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`Inter Partes Review of 7,080,607 includes several exhibits (PGS 1065, 1068, 1074,
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`1076, 1078, 1079, 1083, 1088, 1095, and 1101) that the Patent Owner,
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`WesternGeco, LLC, designated as highly confidential and/or attorneys-eyes only
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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).
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`PGS’s reply also includes other exhibits (PGS 1066, 1067, 1069, 1070, 1089,
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`1090, and 1092) that have been designated by WesternGeco as containing business
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`confidential information. Exhibit 1070 is an exhibit that WesternGeco intended to
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`file as part of Exhibit 2077, which was designated confidential by WesternGeco.
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`Exhibit 1069 contains screenshots of a spreadsheet produced by WesternGeco in
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`this proceeding that it designated as confidential. Exhibits 1089 and 1090,
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`deposition transcripts of Mr. Robin Walker in this proceeding, have been
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`designated as confidential by WesternGeco, and Exhibits 1066 and 1067 are
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`drawings from that deposition.
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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 Reply
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`as well as a redacted version of its Reply to remove references and citations to the
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`sealed information and exhibits. Similarly, confidential, non-redacted versions of
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`Exhibit 1092—a designated deposition transcript—has been filed along with the
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`Reply as well as a public, redacted version of this exhibit. Because the sealed
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`exhibits and redacted portions of the Reply are subject to the aforementioned
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`protective orders, Petitioner brings this motion to seal with good cause.
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`3
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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 18, 2015
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`Respectfully Submitted,
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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 Under 35 C.F.R. § 42.55” was served to the Patent
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`Owner by delivering a copy via electronic mail upon the following attorneys of
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`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
`IPR37136-0002IP1@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
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`Attorney for Petitioner
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`DATE: June 18, 2015.
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