`Case IPR2014-01477
`U.S. PATENT 7,080,607
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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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`_________________________
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`PETROLEUM GEO-SERVICES INC.,
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`Petitioner
`
`v.
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`WESTERNGECO, L.L.C.,
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`Patent Owner
`
`________________________
`
`Case IPR2014-01477
`U.S. Patent No. 7,080,607
`________________________
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`JOINT MOTION FOR ENTRY OF THE
`DEFAULT PROTECTIVE ORDER
`AND TO SEAL UNDER
`37 C.F.R. §§ 42.14 AND 42.54
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`Joint Motion for Entry of Default Protective Order and to Seal
`Case IPR2014-01477
`U.S. PATENT 7,080,607
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`Pursuant to 37 C.F.R. §§ 42.14 and 42.54, and further to Petitioner’s Motion
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`
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`to Seal filed September 11, 2014, Patent Owner, WesternGeco L.L.C
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`(“WesternGeco” or “Patent Owner”) and Petitioner, Petroleum Geo-Services, Inc.
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`(“PGS” or “Petitioner”) jointly submit this Motion for Entry of the Default
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`Protective Order and to Seal certain exhibits submitted with the Petition for Inter
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`Partes Review (“Petition”) filed by Petitioner on September 11, 2014, and certain
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`exhibits submitted with the Patent Owner Preliminary Response (“Preliminary
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`Response”) filed by Patent Owner on December 18, 2014.
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`The Petition and certain accompanying exhibits were filed under seal
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`because they contained information that Patent Owner had designated as
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`confidential. Similarly, sealed and public versions of Patent Owner’s Preliminary
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`Response, and corresponding sealed and public versions of all accompanying
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`exhibits, were filed with the Board on December 18, 2014. The following tables
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`list those documents that the parties believe should remain under seal.
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`The parties have conferred and have agreed to the terms of the Default
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`Protective Order, submitted herewith as Exhibit 2038. The Default Protective
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`Order is jointly executed on page 7 of Exhibit 2038.
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`2
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`I.
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`Joint Motion for Entry of Default Protective Order and to Seal
`Case IPR2014-01477
`U.S. PATENT 7,080,607
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`
`Reasons for Sealing Certain Confidential Information
`A.
`Exhibits 1017, 1019, and 1025 were filed under seal. In accordance with the
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`Petition Exhibits
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`Board’s Order in related proceeding IPR2014-00688 (Paper 32 at 2), Exhibits 1019
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`and 1025, which are identical between proceedings, will no longer be maintained
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`under seal as third party Ion Geophysical Corporation indicated that it did not
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`intend to defend the confidentiality of the exhibit. Patent Owner also states that
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`Exhibit 1017 does not need to remain under seal. Accordingly, Petition Exhibits
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`1017, 1019, and 1025 may be made available to the public.
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`Preliminary Response
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`B.
`As set forth in the Table 1, below, good cause exists for maintaining
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`Exhibits 2002, 2003, 2004, 2006, 2014, 2019, 2020, 2021, 2022, 2023, and 2027
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`under seal. It is noted that each of these exhibits are identical to exhibits with the
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`same number in related proceeding IPR2014-00688, and that the Board was
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`persuaded in that proceeding that each of these exhibits should be sealed. (See
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`IPR2014-00688 (Paper 32, Order Granting In Part Motion).)
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`Table 1. Exhibits to the Preliminary Response that Should Remain Under Seal
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`Exhibit
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`Description
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`Good Cause
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`2002
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`“Proposal For Next Generation
`Streamer Positioning System,”
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`Patent Owner states that this exhibit
`includes third party (Ion Geophysical
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`3
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`Joint Motion for Entry of Default Protective Order and to Seal
`Case IPR2014-01477
`U.S. PATENT 7,080,607
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`Description
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`Good Cause
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`Exhibit
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`2003
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`2004
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`2006
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`WesternGeco L.L.C. v. Ion
`Geophysical Corporation,
`Civil Action No. 4:09-CV-
`01827, ION10473-505.
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`WesternGeco L.L.C. v. Ion
`Geophysical Corporation,
`Civil Action No. 4:09-CV-
`01827, ION17940-74.
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`WesternGeco LLC v.
`Petroleum Geo-Services Inc.,
`et al., No. 4-13-cv-02725,
`PGSUS 10.
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`WesternGeco L.L.C. v. Ion
`Geophysical Corporation,
`Civil Action No. 4:09-CV-
`01827, ION732624-28.
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`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
`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
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`2014 WesternGeco LLC v.
`Petroleum Geo-Services Inc.,
`et al., No. 4-13-cv-02725,
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`4
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`Exhibit
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`2019
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`2020
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`2021
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`Joint Motion for Entry of Default Protective Order and to Seal
`Case IPR2014-01477
`U.S. PATENT 7,080,607
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`Description
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`Good Cause
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`PGSI-T2725-WG-46643.
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`WesternGeco L.L.C. v. Ion
`Geophysical Corporation,
`Civil Action No. 4:09-CV-
`01827, ION886761-67.
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`WesternGeco L.L.C. v. Ion
`Geophysical Corporation,
`Civil Action No. 4:09-CV-
`01827, ION 891471-77.
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`Invoices for transactions
`between ION and PGS.
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`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.
`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
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`5
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`Exhibit
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`2022
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`2023
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`2027
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`Joint Motion for Entry of Default Protective Order and to Seal
`Case IPR2014-01477
`U.S. PATENT 7,080,607
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`Description
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`Good Cause
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`WesternGeco LLC v.
`Petroleum Geo-Services Inc.,
`et al., No. 4-13-cv-02725,
`PGSI-T2725-WG-46456-58.
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`WesternGeco LLC v.
`Petroleum Geo-Services Inc.,
`et al., No. 4-13-cv-02725,
`PGSI-T2725-WG-47225.
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`WesternGeco LLC v.
`Petroleum Geo-Services Inc.,
`et al., No. 4-13-cv-02725,
`PGSI-T2725-WG-47303.
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`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 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.
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`6
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`Joint Motion for Entry of Default Protective Order and to Seal
`Case IPR2014-01477
`U.S. PATENT 7,080,607
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`II. Certification of Non-Publication Status
`Petitioner’s and Patent Owner’s undersigned counsel certify that, with
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`respect to the exhibits as to which each party has provided a showing of good
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`cause in the foregoing tables, the information sought to be sealed by this motion
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`has not been published or otherwise made public to the best of their knowledge.
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`III. Certification of Conference with Opposing Party Pursuant to 37 C.F.R.
`§ 42.54
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`Patent Owner has in good faith conferred with Petitioner and the parties
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`have agreed to the terms of the Board’s Default Protective Order and to Seal the
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`Exhibits discussed above. The proposed Protective Order submitted herewith as
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`Exhibit 2038 is executed by counsel for both parties.
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`IV. Proposed Protective Order
`The Proposed Protective Order submitted herewith as Exhibit 2038 is the
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`Board’s Default Protective Order to which the Parties agree to be bound in this
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`matter. The Default Protective Order is jointly executed on page 7 of Exhibit
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`2038.
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`V. Request For Relief
`Patent Owner and Petitioner jointly request entry of Proposed Protective
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`Order (Ex. 2038), and request that the following exhibits remain under seal:
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`7
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`Joint Motion for Entry of Default Protective Order and to Seal
`Case IPR2014-01477
`U.S. PATENT 7,080,607
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`Patent Owner Exhibits 2002, 2003, 2004, 2006, 2014, 2019, 2020, 2021,
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`2022, 2023, and 2027.
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`8
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`Joint Motion for Entry of Default Protective Order and to Seal
`Case IPR2014-01477
`U.S. PATENT 7,080,607
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`Agreed upon by the parties.
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`Respectfully submitted,
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`WesternGeco L.L.C.
`Patent Owner
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`By /Michael L. Kiklis/
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` Michael L. Kiklis
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`(Reg. No. 38,939)
`CPdocketKiklis@oblon.com
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`Scott A. McKeown
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`(Reg. No. 42,866)
`CPdocketMcKeown@oblon.com
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`Oblon, McClelland,
`Maier & Neustadt, LLP
`1940 Duke Street
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`Alexandria, VA 22314
`Tel: (703) 413-3000
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`Fax: (703) 413-2220
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`Dated: March 2, 2015
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`Petroleum Geo-Services, Inc.
`Petitioner
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`By
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`/David Berl/
`David Berl
`(Reg. No. 72,751)
`dberl@wc.com
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`Christopher Suarez
`(Reg. No. 72,553)
`Csuarez@wc.com
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`Williams & Connolly, LLP
`725 12th St., NW
`Washington, DC 20005
`Tel: (202) 434-5491
`Fax: (202) 434-5029
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`Dated: February 27, 2014
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`9
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`Joint Motion for Entry of Default Protective Order and to Seal
`Case IPR2014-01477
`U.S. PATENT 7,080,607
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies service of JOINT
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`MOTION FOR ENTRY OF DEFAULT PROTECTIVE ORDER AND TO SEAL
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`and EXHIBIT 2038 on the counsel of record for the Petitioner by filing this
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`document through the Patent Review Processing System as well as delivering a
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`copy via electronic mail to the following address:
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`David Berl
`Christopher Suarez
`Williams & Connolly, LLP
`725 Twelfth St. N.W.
`Washington, DC 20005
`dberl@wc.com
`csuarez@wc.com
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`Date: March 2, 2015
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`/Michael L. Kiklis/
`Michael L. Kiklis (Reg. No. 38,939)
`Attorney for Patent Owner
`WESTERNGECO L.L.C.
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`10
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