`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________________
`
`PETROLEUM GEO-SERVICES INC.
`
`Petitioner
`
`v.
`
`WESTERNGECO, LLC
`
`Patent Owner
`
`________________________
`
`Case IPR2014-00689
`U.S. Patent No. 7,293,520
`________________________
`
`JOINT MOTION FOR ENTRY OF THE
`DEFAULT PROTECTIVE ORDER
`AND TO SEAL UNDER
`37 C.F.R. §§ 42.14 AND 42.54
`
`
`
`
`
`
`
`
`
`
`
`
`Joint Motion for Entry of Default Protective Order and to Seal
`Case IPR2014-00689
`U.S. PATENT 7,293,520
`
`
`Pursuant to 37 C.F.R. §§ 42.14, 42.54 and the Board’s August 12, 2014
`
`Order (Paper 22), Patent Owner, WesternGeco L.L.C (“WesternGeco” or “Patent
`
`Owner”) and Petitioner, Petroleum Geo-Services, Inc. (“PGS” or “Petitioner”)
`
`jointly submit this Motion for Entry of the Default Protective Order and to Seal
`
`certain exhibits submitted with the Petition for Inter Partes Review (“Petition”)
`
`filed by Petitioner filed on April 23, 2014, and certain exhibits submitted with the
`
`Patent Owner Preliminary Response (“Preliminary Response”) filed by Patent
`
`Owner on September 16, 2014.
`
`The Petition and certain accompanying exhibits were filed under seal
`
`because they contained information that Patent Owner had designated as
`
`confidential. The Preliminary Response and all of the accompanying exhibits were
`
`filed under seal to allow the parties time to confer regarding which exhibits or
`
`portions thereof should remain confidential. Submitted herewith is an updated
`
`Patent Owner Exhibit List that identifies which Patent Owner exhibits can be made
`
`public, and which Patent Owner exhibits should remain under seal. In addition, a
`
`redacted, public version of the Preliminary Response is submitted with this joint
`
`motion.
`
`The parties have conferred and have agreed to the terms of the Default
`
`Protective Order, submitted herewith as Exhibit 2038.
`
`
`
`2
`
`
`
`I.
`
`Joint Motion for Entry of Default Protective Order and to Seal
`Case IPR2014-00689
`U.S. PATENT 7,293,520
`
`
`Reasons for Sealing Certain Confidential Information
`A.
`Exhibits 1019, 1022, and 1053 were filed under seal. As set forth in the
`
`Petition Exhibits
`
`Table 1, below, good cause exists for maintaining these exhibits under seal.
`
`Table 1. Exhibits to the Petition that Should Remain Under Seal
`
`Description
`
`Good Cause
`
`Patent Owner states that this exhibit
`includes WesternGeco and third party
`(Ion Geophysical Corporation,
`“ION”) confidential materials that are
`subject to a protective order in
`WesternGeco L.L.C. v. Ion
`Geophysical Corp., Civil Action No.
`4:09-CV-01827. In particular, this
`document contains excerpts of
`confidential WesternGeco internal
`technical development plans that are
`not public, maintained in confidence,
`and unnecessary for the public to
`understand the patentability dispute at
`issue.” It also contains an excerpt of
`ION expert Robert Brune’s
`deposition transcript, which was
`marked highly confidential in its
`entirety.
`Patent Owner states that this exhibit
`includes WesternGeco confidential
`materials that are subject to a
`protective order in WesternGeco
`L.L.C. v. Ion Geophysical Corp.,
`Civil Action No. 4:09-CV-01827. In
`particular, this document, the entirety
`
`Exhibit
`
`1019
`
`Opposition to Defendants’
`Motion for Summary
`Judgment of Invalidity of the
`Bittleston Patents in
`WesternGeco L.L.C. v. Ion
`Geophysical Corporation,
`Civil Action No. 4:09-CV-
`01827, DE 287, dated April
`20, 2012.
`
`1022
`
`
`
`WesternGeco's Motion for
`Summary Judgment of Willful
`Infringement of Valid Claims
`of the '520 Patent in
`WesternGeco L.L.C. v.ION
`Geophysical Corporation Civil
`Action No. 4:09-CV-01 827,
`
`3
`
`
`
`Joint Motion for Entry of Default Protective Order and to Seal
`Case IPR2014-00689
`U.S. PATENT 7,293,520
`
`
`DE 276, dated March 30,
`2012.
`
`of WesternGeco’s opening brief in
`support of its motion for summary
`judgment of willful infringement,
`contains discussions of confidential
`business information and technical
`development documents that are not
`public, that are maintained in
`confidence, and that are unnecessary
`for the public to understand the
`patentability dispute at issue.
`Patent Owner states that this exhibit
`includes third party (Ion Geophysical
`Corporation) confidential materials
`that are subject to a protective order
`in WesternGeco L.L.C. v. Ion
`Geophysical Corporation, Civil
`Action No. 4:09-CV-01827.
`
`1053
`
`Defendants' Amended
`Response in Opposition to
`Westerngeco LLC's Motion
`for Summary Judgment of
`Willful Infringement of Valid
`Claims of the '520 Patent (DE
`298)
`
`Preliminary Response
`
`B.
`As set forth in the Table 2, below, good cause exists for maintaining
`
`Exhibits 2002, 2003, 2004, 2006, 2014, 2019, 2020, 2021, 2022, 2023, and 2027
`
`under seal.
`
`Table 2. Exhibits to the Preliminary Response that Should Remain Under Seal
`
`Exhibit
`
`Description
`
`Good Cause
`
`2002
`
`“Proposal For Next Generation
`Streamer Positioning System,”
`WesternGeco L.L.C. v. Ion
`Geophysical Corporation,
`Civil Action No. 4:09-CV-
`01827, ION10473-505.
`
`2003 WesternGeco L.L.C. v. Ion
`
`Patent Owner states that this exhibit
`includes third party (Ion Geophysical
`Corporation) confidential materials
`that are subject to a protective order
`in WesternGeco L.L.C. v. Ion
`Geophysical Corporation, Civil
`Action No. 4:09-CV-01827.
`Patent Owner states that this exhibit
`
`
`
`4
`
`
`
`Exhibit
`
`2004
`
`2006
`
`2014
`
`Joint Motion for Entry of Default Protective Order and to Seal
`Case IPR2014-00689
`U.S. PATENT 7,293,520
`
`
`Description
`
`Good Cause
`
`Geophysical Corporation,
`Civil Action No. 4:09-CV-
`01827, ION17940-74.
`
`WesternGeco LLC v.
`Petroleum Geo-Services Inc.,
`et al., No. 4-13-cv-02725,
`PGSUS 10.
`
`WesternGeco L.L.C. v. Ion
`Geophysical Corporation,
`Civil Action No. 4:09-CV-
`01827, ION732624-28.
`
`WesternGeco LLC v.
`Petroleum Geo-Services Inc.,
`et al., No. 4-13-cv-02725,
`PGSI-T2725-WG-46643.
`
`includes third party (Ion Geophysical
`Corporation) confidential materials
`that are subject to a protective order
`in WesternGeco L.L.C. v. Ion
`Geophysical Corporation, Civil
`Action No. 4:09-CV-01827.
`Petitioner states that this exhibit
`includes confidential business
`information of the Petitioner
`concerning the negotiation of a
`commercial agreement. This
`business information is not public, is
`maintained in confidence, and is
`unnecessary for the public to
`understand the patentability dispute at
`issue.
`Petitioner states that this exhibit
`includes confidential business
`information of the Petitioner
`concerning the negotiation of a
`commercial agreement. This
`business information is not public, is
`maintained in confidence, and is
`unnecessary for the public to
`understand the patentability dispute at
`issue.
`Petitioner states that this exhibit
`includes confidential business
`information of the Petitioner
`concerning its business organization.
`This business information is not
`public, is maintained in confidence,
`and is unnecessary for the public to
`understand the patentability dispute at
`issue.
`
`
`
`5
`
`
`
`Joint Motion for Entry of Default Protective Order and to Seal
`Case IPR2014-00689
`U.S. PATENT 7,293,520
`
`
`Description
`
`Good Cause
`
`Exhibit
`
`2019
`
`2020
`
`2021
`
`WesternGeco L.L.C. v. Ion
`Geophysical Corporation,
`Civil Action No. 4:09-CV-
`01827, ION886761-67.
`
`WesternGeco L.L.C. v. Ion
`Geophysical Corporation,
`Civil Action No. 4:09-CV-
`01827, ION 891471-77.
`
`Invoices for transactions
`between ION and PGS.
`
`Petitioner states that this exhibit
`includes confidential business
`information of the Petitioner
`concerning its commercial
`transactions with a third party. This
`business information is not public, is
`maintained in confidence, and is
`unnecessary for the public to
`understand the patentability dispute at
`issue.
`Petitioner states that this exhibit
`includes confidential business
`information of the Petitioner
`concerning its commercial
`transactions with a third party. This
`business information is not public, is
`maintained in confidence, and is
`unnecessary for the public to
`understand the patentability dispute at
`issue.
`Petitioner states that this exhibit
`includes confidential business
`information of the Petitioner
`concerning its commercial
`transactions with a third party. This
`business information is not public, is
`maintained in confidence, and is
`unnecessary for the public to
`understand the patentability dispute at
`issue.
`Petitioner states that this exhibit
`includes confidential business
`information of the Petitioner
`concerning the negotiation of a
`commercial agreement. This
`
`2022
`
`WesternGeco LLC v.
`Petroleum Geo-Services Inc.,
`et al., No. 4-13-cv-02725,
`PGSI-T2725-WG-46456-58.
`
`
`
`6
`
`
`
`Joint Motion for Entry of Default Protective Order and to Seal
`Case IPR2014-00689
`U.S. PATENT 7,293,520
`
`
`Exhibit
`
`Description
`
`Good Cause
`
`WesternGeco LLC v.
`Petroleum Geo-Services Inc.,
`et al., No. 4-13-cv-02725,
`PGSI-T2725-WG-47225.
`
`WesternGeco LLC v.
`Petroleum Geo-Services Inc.,
`et al., No. 4-13-cv-02725,
`PGSI-T2725-WG-47303.
`
`business information is not public, is
`maintained in confidence, and is
`unnecessary for the public to
`understand the patentability dispute at
`issue.
`Petitioner states that this exhibit
`includes confidential business
`information of the Petitioner
`concerning the negotiation of a
`commercial agreement. This
`business information is not public, is
`maintained in confidence, and is
`unnecessary for the public to
`understand the patentability dispute at
`issue.
`Petitioner states that this exhibit
`includes confidential business
`information of the Petitioner
`concerning the provisions of a
`commercial agreement. This
`business information is not public, is
`maintained in confidence, and is
`unnecessary for the public to
`understand the patentability dispute at
`issue.
`II. Certification of Non-Publication Status
`Petitioner’s and Patent Owner’s undersigned counsel certify that, with
`
`2023
`
`2027
`
`respect to the exhibits as to which each party has provided a showing of good
`
`cause in the foregoing tables, the information sought to be sealed by this motion
`
`has not been published or otherwise made public to the best of their knowledge.
`
`
`
`7
`
`
`
`Joint Motion for Entry of Default Protective Order and to Seal
`Case IPR2014-00689
`U.S. PATENT 7,293,520
`
`
`III. Certification of Conference with Opposing Party Pursuant to 37 C.F.R.
`§ 42.54
`
`Patent Owner has in good faith conferred with Petitioner and the parties
`
`have agreed to the terms of the Board’s Default Protective Order and to Seal the
`
`Exhibits discussed above. The proposed Protective Order submitted herewith as
`
`Exhibit 2038 is executed by counsel for both parties.
`
`IV. Proposed Protective Order
`The Proposed Protective Order submitted herewith as Exhibit 2038 is the
`
`Board’s Default Protective Order to which the Parties agree to be bound in this
`
`matter.
`
`V. Request For Relief
`Patent Owner and Petitioner jointly request entry of Proposed Protective
`
`Order (Ex. 2038), and request that the following exhibits remain under seal:
`
`Petitioner Exhibits 1019, 1022, and 1053; and
`
`Patent Owner Exhibits 2002, 2003, 2004, 2006, 2014, 2019, 2020, 2021,
`
`2022, 2023, and 2027.
`
`
`
`8
`
`
`
`
`
`Agreed upon by the parties.
`
`Respectfully submitted,
`
`
`
`WesternGeco L.L.C
`Patent Owner
`
`
`
`
`/Scott A. McKeown/
`By
`
`Scott A. McKeown
`
`
`(Reg. No. 42,866)
`
`CPdocketMcKeown@oblon.com
`
`
`Christopher A. Bullard
`
`(Reg. No. 57,644)
`
`CPdocketBullard@oblon.com
`
`Oblon, Spivak, McClelland,
`Maier & Neustadt, LLP
`
`1940 Duke Street
`
`
`Alexandria, VA 22314
`
`Tel: (703) 413-3000
`
`
`Fax: (703) 413-2220
`
`
`
`
`
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`
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`
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`
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`
`
`Petroleum Geo-Services, Inc.
`Petitioner
`
`By
`
`
`
`
`/s/ Christopher Suarez
`David Berl
`(Reg. No. 72,751)
`dberl@wc.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Christopher Suarez
`(Reg. No. 72,553)
`Csuarez@wc.com
`
`Williams & Connolly, LLP
`725 12th St., NW
`Washington, DC 20005
`Tel: (202) 434-5491
`Fax: (202) 434-5029
`
`Dated: September 29, 2014
`
`
`
`
`
`
`Dated: September 30, 2014
`
`
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`
`
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