`________________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________________
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`PETROLEUM GEO-SERVICES INC.
`
`Petitioner
`
`v.
`
`WESTERNGECO, LLC
`
`Patent Owner
`
`________________________
`
`Case IPR2014-01477
`U.S. Patent No. 7,080,607
`________________________
`
`PATENT OWNER’S MOTION TO SEAL UNDER
`37 C.F.R. §§ 42.14 AND 42.54
`
`
`
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`Pursuant to 37 C.F.R. §§ 42.14 and 42.54, Patent Owner, WesternGeco
`
`Patent Owner’s Motion to Seal
`Case IPR2014-01477
`U.S. Patent No. 7,080,607
`
`
`L.L.C (“WesternGeco” or “Patent Owner”) submits this Motion to Seal certain
`
`exhibits submitted with Patent Owner’s Response filed on August 7, 2015.
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`Patent Owner’s Response and certain accompanying exhibits were filed
`
`under seal because they contain information designated as confidential by Patent
`
`Owner, Petitioner, or a Third-Party. The below table lists those documents that the
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`Patent Owner believes should remain under seal.
`
`I.
`
`Reasons for Sealing Certain Confidential Information
`A.
`Exhibits 2057, 2059–2061, 2067, 2085, 2099, 2101, 2102, 2108, 2127–2132,
`
`Patent Owner Response Exhibits
`
`2142, and 2143 were filed under seal. As set forth in Table 1, below, good cause
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`exists for maintaining these exhibits under seal. It is noted that each of these
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`exhibits is identical to exhibits with the same number in related proceedings
`
`IPR2014-01475 and IPR2014-01478.
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`Table 1: Exhibits to Patent Owner’s Response that Should Remain Under Seal
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`Exhibit Description
`
`Good Cause
`
`ION’s Response to
`
`This exhibit contains ION’s
`
`2053
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`WesternGeco’s Motion to
`
`confidential information and is
`
`Disqualify ION’s
`
`subject to a protective order in
`
`
`
`2
`
`
`
`Exhibit Description
`
`Patent Owner’s Motion to Seal
`Case IPR2014-01477
`U.S. Patent No. 7,080,607
`
`
`Good Cause
`
`Consultants/Experts,
`
`WesternGeco L.L.C. v. ION
`
`WesternGeco L.L.C. v. Ion
`
`Geophysical Corporation, Civil
`
`Geophysical Corporation,
`
`Action No. 4:09-CV-01827.
`
`Civil Action No. 4:09-CV-
`
`01827
`
`Agreement Between PGS
`
`This exhibit contains confidential
`
`Geophysical A.S. and another
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`business information between PGS
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`party, WesternGeco L.L.C.v.
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`Geophysical A.S. and a third-party,
`
`2057
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`Petroleum Geo-Services Inc.,
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`and is subject to a protective order in
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`Civil Action No. 4:13-cv-
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`WesternGeco L.L.C.v. Petroleum
`
`02725, PGS-
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`Geo-Services Inc., Civil Action No.
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`JURID_00000158-183.
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`4:13-cv-02725.
`
`2059
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`Deposition Transcript of John
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`Thompson
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`This exhibit contains party
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`confidential information and is
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`subject to a protective order in
`
`WesternGeco L.L.C. v. ION
`
`Geophysical Corporation, Civil
`
`
`
`3
`
`
`
`Exhibit Description
`
`Patent Owner’s Motion to Seal
`Case IPR2014-01477
`U.S. Patent No. 7,080,607
`
`
`Good Cause
`
`Action No. 4:09-CV-01827.
`
`This exhibit contains party
`
`WesternGeco L.L.C. v. Ion
`
`confidential information and is
`
`Geophysical Corporation,
`
`subject to a protective order in
`
`Civil Action No. 4:09-CV-
`
`WesternGeco L.L.C. v. ION
`
`2060
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`01827, ION756394
`
`Geophysical Corporation, Civil
`
`Action No. 4:09-CV-01827.
`
`This exhibit contains party
`
`2061
`
`2067
`
`WesternGeco L.L.C. v. Ion
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`confidential information and is
`
`Geophysical Corporation,
`
`subject to a protective order in
`
`Civil Action No. 4:09-CV-
`
`WesternGeco L.L.C. v. ION
`
`01827, ION705039
`
`Geophysical Corporation, Civil
`
`Action No. 4:09-CV-01827.
`
`WesternGeco L.L.C. v. Ion
`
`This exhibit contains party
`
`Geophysical Corporation,
`
`confidential information and is
`
`Civil Action No. 4:09-CV-
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`subject to a protective order in
`
`01827, ION893699
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`WesternGeco L.L.C. v. ION
`
`
`
`4
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`
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`Exhibit Description
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`Excerpt of Deposition
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`2085
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`Transcript of Oyvind
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`Hillesund
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`Declaration of Robin C.
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`2099
`
`Walker (“Walker
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`Declaration”).
`
`Patent Owner’s Motion to Seal
`Case IPR2014-01477
`U.S. Patent No. 7,080,607
`
`
`Good Cause
`
`Geophysical Corporation, Civil
`
`Action No. 4:09-CV-01827.
`
`This exhibit contains party
`
`confidential information and is
`
`subject to a protective order in
`
`WesternGeco L.L.C. v. ION
`
`Geophysical Corporation, Civil
`
`Action No. 4:09-CV-01827.
`
`The Walker declaration is cited in
`
`support of Patent Owner’s Response
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`and includes confidential business
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`information of Patent Owner.
`
`Application of Q-Marine
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`This exhibit is a draft of an article
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`Technology for SPC; Imaging
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`published in Offshore magazine (July
`
`2101
`
`the Pinghu Field Gas
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`2008) containing confidential
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`Reservoirs by M. Garden, T.
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`information regarding WesternGeco’s
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`Bunting
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`Q-Marine system that was not
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`
`
`5
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`
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`Exhibit Description
`
`Patent Owner’s Motion to Seal
`Case IPR2014-01477
`U.S. Patent No. 7,080,607
`
`
`Good Cause
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`released in the published article.
`
`This exhibit contains confidential
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`Presentation Titled: “Q-Marine
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`business information regarding
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`2102
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`Improvements” by Robin
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`WesternGeco’s Q-Marine system
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`Walker
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`included as part of an internal
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`PowerPoint presentation.
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`This exhibit contains confidential
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`Presentation Titled: “4D
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`business information regarding
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`2108
`
`Acquisition with Q-Marine
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`WesternGeco’s Q-Marine system
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`Experiences and Strategies
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`included as part of an internal
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`2127
`
`Spreadsheet titled H12305-
`
`0007-075305
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`PowerPoint presentation.
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`This exhibit contains confidential
`
`business information regarding
`
`WesternGeco’s Q-Marine system.
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`Spreadsheet titled
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`This exhibit contains confidential
`
`2128
`
`CLIENTEF00502518 – Tims
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`business information regarding
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`stats 2005 to 2009 Retrieve 1
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`WesternGeco’s Q-Marine system.
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`
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`6
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`
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`Exhibit Description
`
`Patent Owner’s Motion to Seal
`Case IPR2014-01477
`U.S. Patent No. 7,080,607
`
`
`Good Cause
`
`This exhibit contains confidential
`
`2129 WG0000029–WG0000030
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`business information regarding
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`WesternGeco’s Q-Marine system.
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`This exhibit contains confidential
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`2130 WG0000031–WG0000032
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`business information regarding
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`Document bearing Bates Nos.
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`WG0000023–WG0000027
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`Document bearing Bates Nos.
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`WG0000001–WG0000022
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`Declaration of Dr. Brian Evans
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`Submitted in IPR2014-00688
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`WesternGeco’s Q-Marine system.
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`This exhibit contains confidential
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`business information regarding
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`WesternGeco’s Q-Marine system.
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`This exhibit contains confidential
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`business information regarding
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`WesternGeco’s Q-Marine system.
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`This exhibit was previously
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`designated as confidential by
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`Petitioner
`
`Declaration of Dr. Brian Evans
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`This exhibit was previously
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`Submitted in IPR2014-01478
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`designated as confidential by
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`7
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`2131
`
`2132
`
`2142
`
`2143
`
`
`
`
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`Exhibit Description
`
`Patent Owner’s Motion to Seal
`Case IPR2014-01477
`U.S. Patent No. 7,080,607
`
`
`Good Cause
`
`Petitioner
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`II. Certification of Non-Publication Status
`Patent Owner’s undersigned counsel certifies that the information sought to
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`be sealed by this motion has not been published or otherwise made public to the
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`best of his 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 a protective order in this case, Ex. 2038. Petitioner has taken no
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`position on whether it will oppose this motion.
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`IV. Request For Relief
`Patent Owner requests that the following exhibits remain under seal:
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`2057, 2059–2061, 2067, 2085, 2099, 2101, 2102, 2108, 2127–2132, 2142,
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`and 2143.
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`
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`
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`8
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`
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`Patent Owner’s Motion to Seal
`Case IPR2014-01477
`U.S. Patent No. 7,080,607
`
`
`Respectfully submitted,
`Oblon, McClelland, Maier &
`Neustadt, LLP
`
`
`
`/Michael L. Kiklis/
`Michael L. Kiklis
`Registration No. 38,939
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`Attorney for Patent Owner
`WESTERNGECO L.L.C.
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`Dated: August 7, 2015
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`Customer Number
` 22850
`Tel. (703) 413-3000
`Fax. (703) 413-2220
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`9
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that the foregoing MOTION TO SEAL
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`was served electronically on August 7, 2015, in their entireties upon the following
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`counsel for Petitioner Petroleum Geo-Services, Inc.:
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`David Berl
`dberl@wc.com
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`Jessamyn Berniker
`jberniker@wc.com
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`Thomas S. Fletcher
`tfletcher@wc.com
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`Christopher Suarez
`csuarez@wc.com
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`/Michael L. Kiklis/
`Michael L. Kiklis
`Registration No. 38,939
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`
`Attorney for Patent Owner
`WESTERNGECO L.L.C.
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`Date: August 7, 2015