IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Applicant:
`
`Dresti et al.
`
`Universal Remote Control, Inc.
`
`Case No.:
`
`IPR2014-01109
`
`v.
`
`Filing Date: November 6, 2002
`
`Universal Electronics, Inc.
`
`Patent No.:
`
`7,831,930
`
`Trial Paralegal: Cathy Underwood
`
`Attorney Doc.: 059489.143600
`
`Title:
`
`SYSTEM AND
`METHOD FOR
`DISPLAYING A USER
`INTERFACE FOR A
`REMOTE CONTROL
`APPLICATION
`
`MOTION TO SEAL PURSUANT TO 37 C.F.R. § 42.14 AND 42.54(a)
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Certificate of Filing: I hereby certify that this correspondence is being electronically filed with the USPTO on
`March 25, 2015.
`
`By:
`
`/s/ Eric J. Maiers
`Eric J. Maiers
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Applicant:
`
`Dresti et al.
`
`Universal Remote Control, Inc.
`
`Case No.:
`
`IPR2014-01109
`
`v.
`
`Filing Date: November 6, 2002
`
`Universal Electronics, Inc.
`
`Patent No.:
`
`7,831,930
`
`Trial Paralegal: Cathy Underwood
`
`Attorney Doc.: 059489.143600
`
`Title:
`
`SYSTEM AND
`METHOD FOR
`DISPLAYING A USER
`INTERFACE FOR A
`REMOTE CONTROL
`APPLICATION
`
`MOTION TO SEAL PURSUANT TO 37 C.F.R. § 42.14 AND 42.54(a)
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Certificate of Filing: I hereby certify that this correspondence is being electronically filed with the USPTO on
`March 25, 2015.
`
`By:
`
`/s/ Eric J. Maiers
`Eric J. Maiers
`
`
`
`2001.
`
`2002.
`
`2003.
`
`2004.
`
`2005.
`
`2006.
`
`2007.
`
`2008.
`
`2009.
`
`2010.
`
`2011.
`
`2012.
`
`2013.
`
`TABLE OF EXHIBITS
`
`3D-Matrix, Ltd. v. Menicon Co., IPR2014-00398, Paper No. 11
`(P.T.A.B. Aug. 1, 2014)
`
`Synopsis v. Mentor Graphics Corp., IPR2012-00042, Paper No. 16
`(P.T.A.B. Feb. 22, 2013)
`
`Eizo Corp. v. Barco N.V., IPR2014-00358, Paper 11 (P.T.A.B. July
`23, 2014)
`
`Moses Lake Indus., Inc. v. Enthone, Inc., IPR2014-00243, Paper 6
`(P.T.A.B. June 18, 2014)
`
`Moses Lake Indus., Inc. v. Enthone, Inc., IPR2014-00246, Paper 6
`(P.T.A.B. June 18, 2014)
`
`eBay, Inc. v. Paid, Inc., CBM2014-00125, Paper 15 (P.T.A.B. Sept.
`30, 2014)
`
`Dominion Dealer Solutions, LLC v. AutoAlert, Inc., IPR2013-00222,
`Paper No. 12 (P.T.A.B. Aug. 12, 2013)
`
`SAS Inst., Inc. v. ComplementSoft, LLC, IPR2013-00581, Paper No.
`15 (P.T.A.B. Dec. 30, 2013)
`
`Heart Failure Techs., LLC v. CardioKinetix, Inc., IPR2013-00183,
`Paper No. 12 (P.T.A.B. July 31, 2013)
`
`OpenTV, Inc. v. Cisco Tech., Inc., IPR2013-00329, Paper 9 (P.T.A.B.
`Nov. 29, 2013)
`
`Printing Indus. of Am. v. CTP Innovations, LLC, IPR2013-00474,
`Paper 16 (P.T.A.B. Dec. 31, 2013)
`
`TRW Auto. US LLC v. Magna Elecs. Inc., IPR2014-00296, Paper 15
`(P.T.A.B. July 3, 2014)
`
`TRW Auto. US LLC v. Magna Elecs. Inc., IPR2014-00297, Paper 15
`(P.T.A.B. July 3, 2014)
`
`i
`
`
`
`2014.
`
`2015.
`
`2016.
`
`2017.
`
`2018.
`
`2019.
`
`2020.
`
`2021.
`
`2022.
`
`TRW Auto. US LLC v. Magna Elecs. Inc., IPR2014-00298, Paper 19
`(P.T.A.B. July 3, 2014)
`
`Fidelity Nat’l Info. Servs., Inc. v. DataTreasury Corp., IPR2014-
`00489, Paper 9 (P.T.A.B. Aug. 13, 2014)
`
`Claim Construction Order from Universal Elecs., Inc. v. Peel Techs.,
`Inc., No. 8:13-cv-01484 (C.D. Cal.)
`
`Trial Transcript from Universal Electronics, Inc. v. Universal Remote
`Control, Inc., No. 8:12-cv-00329-AG-JPR (C.D. Cal.), Dkt. No. 398-1
`
`Universal Remote Control, Inc.’s (“URC’s”) Initial Disclosures from
`Universal Electronics, Inc. v. Universal Remote Control, Inc., No.
`8:12-cv-00329-AG-JPR (C.D. Cal.)
`
`URC’s Response to UEI’s Interrogatory at No. 6 from Universal
`Electronics, Inc. v. Universal Remote Control, Inc., No. 8:12-cv-
`00329-AG-JPR (C.D. Cal.)
`
`Ohsung Website Printout, available at
`http://www.ohsungec.com/02_affli/02_foreign/06.aspx.
`
`URC’s Amended Initial Disclosures from Universal Electronics, Inc.
`v. Universal Remote Control, Inc., No. 8:12-cv-00329-AG-JPR (C.D.
`Cal.)
`
`Defendant Ohsung Electronics, USA, Inc.’s Answer to Second
`Amended Complaint, Dkt. No. 76, from Universal Electronics Inc., v.
`Universal Remote Control, Inc., Ohsung Electronics Co., Ltd., and
`Ohsung Electronics U.S.A., Inc., Case No. SACV 13-00984 AG
`(JPRx) (C.D. Cal.)
`
`2023.
`
`LinkedIn Profile of Jak You, available at
`https://www.linkedin.com/pub/jak-you/92/8a5/6b.
`
`2024.
`
`09/05/2013 M. Hurley Email to L. Kenneally
`
`ii
`
`
`
`2025.
`
`2026.
`
`2027.
`
`2028.
`
`2029.
`
`2030.
`
`2031.
`
`2032.
`
`2033.
`
`2034.
`
`2035.
`
`2036.
`
`2037.
`
`2038.
`
`2039.
`
`Amended Notice of 30(b)(6) Deposition to URC from Universal
`Electronics, Inc. v. Universal Remote Control, Inc., No. 8:12-cv-
`00329-AG-JPR (C.D. Cal.)
`
`Joint Stipulation Staying Action Pending Petitions for Inter Partes
`Review of All Asserted Claims, Dkt. No. 87 from Universal
`Electronics Inc., v. Universal Remote Control, Inc., Ohsung
`Electronics Co., Ltd., and Ohsung Electronics U.S.A., Inc., Case No.
`SACV 13-00984 AG (JPRx) (C.D. Cal.)
`
`Joint Statement of the Parties Pursuant to Order Staying Action (ECF
`No. 88) and Joint Request to Continue Status Conference, Dkt. No.
`102 from Universal Electronics Inc., v. Universal Remote Control,
`Inc., Ohsung Electronics Co., Ltd., and Ohsung Electronics U.S.A.,
`Inc., Case No. SACV 13-00984 AG (JPRx) (C.D. Cal.)
`
`URC NY Secretary of State, Division of Corporations, Entity
`Information Website Printout
`
`Declaration of Alex Cook
`
`Declaration of Ramzi Ammari
`
`June 28, 2004, Settlement Agreement
`
`Logitech Harmony Claim Chart
`
`July 1, 2012, Settlement Agreement
`
`Logitech Harmony 650 Manual
`
`Logitech Harmony 700 Manual
`
`Logitech Harmony 900 Manual
`
`Logitech Harmony One Manual
`
`Logitech Harmony 1100 Manual
`
`Logitech Website - Adding Favorite Channels and Favorite Channel
`icons
`
`iii
`
`
`
`2040.
`
`2041.
`
`2042.
`
`2043.
`
`2044.
`
`2045.
`
`2046.
`
`2047.
`
`Logitech Website - Harmony Tips and Tricks: Adding Favorite
`Channels - Logitech Blog
`
`Excerpts of Logitech Annual Reports 2007 through 2014
`
`NevoQ50 Controller Personalization Guide
`
`Nevo Sales Data
`
`Redacted Declaration of Ramzi Ammari
`
`Proposed Protective Order
`
`Redline of Proposed Protective Order
`
`Omron Oilfield & Marine, Inc. v. MD/TOTCO, IPR2013-00265,
`Paper No. 11 (P.T.A.B. Oct. 31, 2013)
`
`iv
`
`
`
`IPR2014-01109
`
`U.S. Patent No. 7,831,930
`
`MOTION TO SEAL PURSUANT TO 37 C.F.R. §§ 42.14 and 42.54(a)
`
`In accordance with 37 C.F.R. §§ 42.14 and 42.54(a), Universal Electronics
`
`Inc. (“UEI” or “Patent Owner”) respectfully submits this Motion to Seal. In
`
`support of its Response of Patent Owner Pursuant to 37 C.F.R. § 42.120 (the
`
`“Response”), Patent Owner establishes secondary considerations of non-
`
`obviousness based upon, among other things, the Declaration of Ramzi Ammari
`
`(the “Ammari Decl.”) (Ex. 2030), UEI’s Nevo product sales records (Ex. 2043 ), a
`
`June 28, 2004, Settlement Agreement (Ex. 2031), and a July 1, 2012, Settlement
`
`Agreement (Ex. 2033) to which Patent Owner is a party that contain Patent
`
`Owner’s (and the other party’s) confidential information. The Response also
`
`contains this confidential information.
`
`Patent Owner wishes to preserve the confidentiality of this information and
`
`prevent this information from falling into the hands of its competitors, including
`
`Petitioner. Patent Owner would be greatly prejudiced if its competitors were
`
`permitted to view its Nevo product sales records and the terms of its June 2004 and
`
`July 2012 Settlement Agreements. The prejudice to Patent Owner is especially
`
`high with respect to Petitioner in view of the co-pending litigation between the
`
`parties.1 Petitioner has not (yet) consented to Patent Owner’s Motion to Seal.2
`
`
`1 Universal Electronics, Inc. v. Universal Remote Control, Inc., Ohsung
`Electronics Co., Ltd., and Ohsung Electronics U.S.A., Inc., Case No. SACV 13-
`00984 AG (JPRx) (C.D. Cal.).
`
`1
`
`
`
`IPR2014-01109
`
`U.S. Patent No. 7,831,930
`
`Patent Owner requests that the Board enter Patent Owner’s proposed
`
`protective order attached hereto as Ex. 2045. The proposed protective order
`
`largely adopts the Board’s default protective order except that subsections 2(A),
`
`(D), and (E) have been deleted. Having deleted those subsections, the parties, their
`
`employees, and their in-house counsel may not review information designated
`
`under the protective order. A redline showing the differences between the Board’s
`
`default protective order and Patent Owner’s proposed protective order is attached
`
`as Ex. 2046. Such modifications to the default protective order preventing access
`
`by in-house counsel, parties and party employees are necessary in this case, in
`
`view of the highly sensitive and competitive nature of the material Patent Owner
`
`seeks to file under seal.
`
`The Ammari Decl. (Ex. 2030), UEI’s Nevo product sales records (Ex. 2043),
`
`the June 28, 2004, Settlement Agreement (Ex. 2031), the July 1, 2012, Settlement
`
`Agreement (Ex. 2033), and those portions of the Response reflecting information
`
`contained in the aforementioned exhibits constitutes confidential information that
`
`
`2 Petitioner’s counsel agreed not to oppose Patent Owner’s Motion to Seal on the
`condition that Patent Owner serve redacted versions of all documents filed under
`seal for Petitioner’s review. Patent Owner explained, as discussed infra, that it
`could not produce redacted versions of certain documents, as their entire contents
`where highly confidential, and requested confirmation from Petitioner that
`Petitioner would nevertheless agree not to oppose Patent Owner’s Motion to Seal.
`Petitioner has not yet responded.
`
`2
`
`
`
`IPR2014-01109
`
`U.S. Patent No. 7,831,930
`
`falls within the scope of Patent Owner’s proposed protective order. (See Ex.
`
`2045.)
`
`Petitioner has filed redacted versions of its Response and the Ammari Decl.
`
`(Ex. 2044) that are available for public viewing and unredacted, confidential
`
`versions of the Response and the Ammari Decl. (Ex. 2030) for viewing only by
`
`counsel and the Board. The June 2004 and July 2012 Settlement Agreements (Exs.
`
`2031 and 2033, respectively), by their very terms, are comprised entirely of non-
`
`public information such that Patent Owner cannot file any portions of those
`
`documents for public viewing without breaching those agreements. Patent Owner
`
`is thus contractually obligated to preserve the confidentiality of those agreements.
`
`Likewise, UEI’s Nevo product sales records (Ex. 2043) are comprised entirely of
`
`non-public information such that Patent Owner cannot file a redacted version of
`
`that document for public viewing that contains any actual information.
`
`Patent Owner has demonstrated good cause to file under seal its Response,
`
`the Ammari Declaration (Ex. 2030), UEI’s Nevo product sales records (Ex. 2043),
`
`the June 28, 2004, Settlement Agreement (Ex. 2031), and the July 1, 2012,
`
`Settlement Agreement (2033). Accordingly, Patent Owner respectfully requests
`
`that the Board grant its Motion to Seal Pursuant to 37 C.F.R. § 42.14 and 42.54(a)
`
`and enter its proposed protective order.
`
`3
`
`
`
`IPR2014-01109
`
`U.S. Patent No. 7,831,930
`
`Date: March 25, 2015
`
`Respectfully Submitted,
`GREENBERG TRAURIG, LLP
`
`/Eric J. Maiers/
`By: Eric J. Maiers, Reg. No. 59,614
`James J. Lukas, Reg. No. 59,114
`Matthew J. Levinstein, Pro Hac Vice
`Rob R. Harmer, Reg. No. 68,048
`77 West Wacker Drive, Suite 3100
`Chicago, Illinois 60601
`(312) 456-8400
`
`4
`
`
`
`IPR2014-01109
`
`U.S. Patent No. 7,831,930
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that on the below date, I caused the
`
`foregoing to be served upon the following counsel of record via electronic mail
`
`(with counsel’s agreement):
`
`Douglas A. Miro
`Ostrolenk Faber LLP
`1180 Avenue of the Americas New
`York, NY 10036
`Telephone: (212) 596-0500
`Facsimile: (212) 382-0888
`dmiro@ostrolenk.com
`kbarkaus@ostrolenk.com
`JNgai@ostrolenk.com
`
`Peter H. Kang, Reg. No. 40,350
`Theodore W. Chandler, Reg. No. 50,319
`Ferenc Pazmandi, Reg. No. 66,216
`Sidley Austin LLP
`1001 Page Mill Rd.
`Building One
`Palo Alto, CA 94304
`Telephone: (650) 565-7000
`Facsimile: (65) 565-7100
`pkang@sidley.com
`tchandler@sidley.com
`fpazmandi@sidley.com
`
`Date:
`
`March 25, 2015
`
`/s/ Eric J. Maiers
`Eric J. Maiers
`
`5
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