UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________________
`
`WAVEMARKET, INC. D/B/A LOCATION LABS
`Petitioner
`
`v.
`
`CALLWAVE COMMUNICATIONS, LLC
`Patent Owner
`
`_____________________
`
`Case IPR2014-00920
`Patent 6,771,970
`_____________________
`
`PETITIONER'S MOTION TO SEAL AND FOR ENTRY OF
`PROTECTIVE ORDER PURSUANT TO 37 C.F.R. §§ 42.14 AND 42.54
`
`
`
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________________
`
`WAVEMARKET, INC. D/B/A LOCATION LABS
`Petitioner
`
`v.
`
`CALLWAVE COMMUNICATIONS, LLC
`Patent Owner
`
`_____________________
`
`Case IPR2014-00920
`Patent 6,771,970
`_____________________
`
`PETITIONER'S MOTION TO SEAL AND FOR ENTRY OF
`PROTECTIVE ORDER PURSUANT TO 37 C.F.R. §§ 42.14 AND 42.54
`
`
`
`Case IPR2014-00920
`Patent 6,771,970
`
`I.
`
`INTRODUCTION
`
`The Patent Owner's Response to the Petition Filed June 9, 2014 is due
`
`Tuesday, March 3, 2015. It is Petitioner's understanding that the Patent Owner
`
`intends to rely upon the cross examination testimony of Petitioner's expert witness,
`
`Dr. Scott Hotes, in its response. Because Petitioner believes that the above-
`
`mentioned transcript contains confidential information, and Petitioner's attempts to
`
`resolve the matter through consultation with Patent Owner's counsel proved
`
`unsuccessful, Petitioner contacted the Board by e-mail correspondence dated
`
`February 24, 2015. On February 25, 2015 the parties received an e-mail
`
`communication from the Board authorizing Petitioner to file the present Motion to
`
`Seal, along with a publicly-available redacted version as well as an unredacted
`
`version of the transcript to be available to the Board and Parties only. Thus,
`
`Petitioner files the present Motion along with the above-mentioned redacted and
`
`unredacted versions of the deposition transcript of Dr. Scott Hotes as Exhibit 1119.
`
`In addition, Petitioner also moves for entry of the default protective order (Exhibit
`
`1120) in this matter.
`
`II. GOOD CAUSE FOR REDACTIONS/SEALING
`
`Public policy favors making information filed in and inter partes review
`
`opened to the public. The same policy considerations apply to district court
`
`litigation. However, it is universally recognized that in order to comply with
`
`2
`
`
`
`Case IPR2014-00920
`Patent 6,771,970
`discovery requirements, the disclosure of sensitive commercial information is
`
`oftentimes necessary. The uncontrolled disclosure of sensitive or confidential
`
`commercial information can be prejudicial to the disclosing party. Therefore, the
`
`rules of practice recognize the necessity of protecting confidential information
`
`from broad uncontrolled disclosure to the public. As set forth in the Trial Practice
`
`Guide, 77 Fed. Reg.48,756, 48,760:
`
`The rules aim to strike a balance between the public's interest in
`maintaining a complete and understandable file history and the parties'
`interest in protecting truly sensitive information. . .
`
`2. Confidential information: The rules identify confidential
`information in a manner consistent with Federal Rule of Civil
`Procedure 26(c)(1)(G), which provides for protective orders for trade
`secret or other confidential research, development, or commercial
`information. § 42.54.
`
`The standard for granting a Motion to Seal is "for good cause." The moving
`
`party bears the burden of proving it is entitled to the relief requested. Petitioner
`
`submits that granting its Motion to Seal will serve to protect sensitive commercial
`
`information, yet not significantly impact the ability to maintain a complete and
`
`understandable record of this proceeding. The proposed reductions are limited in
`
`number and content.
`
`The proposed reductions contain what can be generally categorized as
`
`confidential customer names and confidential commercial information. The
`3
`
`
`
`Case IPR2014-00920
`Patent 6,771,970
`sensitive nature of this information warrants protection. More specifically, the
`
`only proposed redactions from the 249 page transcript are identified and
`
`summarized in the table appearing below.
`
`Transcript Exhibit 1119
`
`Page:line(s)
`
`36:2-3
`
`42:24 - 43:10
`
`49:2-4; 49:7-12; 49:16-25
`
`51:22; 52:11-12 and 16-18
`
`53:2-5 and 13-15
`
`54:2-3, 9-10 and 17-19
`
`55:2-4, 10-12, and 18-20
`
`General Description of the
`Confidential Information
`
`Confidential customer names
`
`Statements directed to Petitioner's
`business strategies and objectives
`
`Petitioner's contractual dealings with,
`and obligations to, its customers
`
`On information and belief, the material sought to be redacted has not been
`
`published. Thus, Petitioner respectfully requests that this Motion to seal the
`
`unredacted version of the deposition transcript (Exhibit 1119) be granted.
`
`III. PROTECTIVE ORDER
`
`Filed herewith is Exhibit 1120, the default Protective Order set forth at the
`
`Trial Practice Guide, 77 Fed. Reg.48,756, 48,771.
`
`4
`
`
`
`Case IPR2014-00920
`Patent 6,771,970
`Petitioner certifies that it has conferred, or attempted to confer with counsel
`
`for Patent Owner in an effort to resolve this matter, however these efforts have
`
`been unsuccessful. Petitioner requests that the Protective Order of Exhibit 1120 be
`
`entered by Order of the Board in this proceeding, pursuant to 37 C.F.R. § 42.54, in
`
`order to protect the confidential information contained in Exhibit 1119 for at least
`
`the reasons explained above, and that the deposition transcript (Exhibit 1119) be
`
`designed as "Confidential" thereunder.
`
`Dated: March 2, 2015
`
`Attorneys for Petitioner
`
`Mark L. Hogge, Reg. No. 31, 662
`Email: mark.hogge@dentons.com
`
`Respectfully submitted,
`Dentons US LLP
`
`/Scott W. Cummings /
`By:
`Scott W. Cummings, Reg. No. 41,567
`Email: scott.cummings@dentons.com
`
`5
`
`
`
`Case IPR2014-00920
`Patent 6,771,970
`
`CERTIFICATE OF SERVICE (37 C.F.R. § 42.6(E))
`
`The undersigned hereby certifies that the PETITIONER'S MOTION TO
`
`SEAL AND FOR ENTRY OF PROTECTIVE ORDER PURSUANT TO 37
`
`C.F.R. §§ 42.14 AND 42.54, and Exhibits 1119 -1120, were served via electronic
`
`mail, in their entirety, on Patent Owner's attorneys of record in IPR2014-00920.
`
`Thomas Engellenner
`
`Reza Mollaaghababa
`
`Pepper Hamilton LLP
`
`125 High Street
`
`Andy Chan
`
`Pepper Hamilton LLP
`
`333 Twin Dolphin Dr.
`
`Suite 400
`
`19th Floor, High Street Tower
`
`Redwood City, CA 94065
`
`Boston, MA 02110
`
`chana@pepperlaw.com
`
`engellennert@pepperlaw.com
`
`mollaaghababar@pepperlaw.com
`
`Dated: March 2, 2015
`
`By: /Nona Durham /
`Nona Durham
`
`6
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
