`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`PETROLEUM GEO-SERVICES INC.
`Petitioner
`
`v.
`
`WESTERNGECO, LLC
`Patent Owner
`
`
`Case IPR2014-014771
`
`U.S. Patent No. 7,080,607
`
`
`
`PETITIONER’S MOTION TO SEAL UNDER 37 C.F.R. § 42.14
`
`
`
`1 Case IPR2014-00688 is a related proceeding.
`
`
`
`
`
`
`
`
`
`Pursuant to 37 CFR § 42.14, Petitioner Petroleum Geo-Services Inc. (PGS)
`
`respectfully submits this Motion to Seal portions of its Reply to the Patent Owner
`
`Response to its Petition for Inter Partes Review, as well as certain Exhibits attached
`
`thereto, all of which are being filed concurrently with this Motion.
`
`I.
`
`Reasons for Redacting Portions of the Motion
`
`The standard governing the Board’s determination of whether to grant a
`
`motion to seal is “good cause.” Garmin v. Cuozzo, IPR2012-0001, Paper 36 (April
`
`5, 2013). The board aims 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.” Id.
`
`
`
`PGS’s Reply to WesternGeco’s Patent Owner Response to the Petition for
`
`Inter Partes Review of 7,080,607 includes several exhibits (1108, 1111, 1112,
`
`1122, 1124, 1129, 1130) that were designated as confidential pursuant to a
`
`protective order in district court litigation against ION. WesternGeco LLC v. ION
`
`Geophysical Corp. et al., No. 09-cv-01827, ECF No. 28 (S.D. Tex. Aug. 28, 2009).
`
`These materials were obtained by Petitioner via compelled discovery in the context
`
`of its current litigation against PGS in WesternGeco LLC v. Petroleum Geo-
`
`Services, Inc., No. 13-cv-2725, ECF No. 60 (S.D. Tex. Jan. 13, 2014), and are
`
`subject to a protective order in that litigation as well. WesternGeco LLC v.
`
`Petroleum Geo-Services, Inc., No. 13-cv-2725, ECF No. 37 (S.D. Tex. Jan. 13,
`
`
`
`
`
`
`
`2014). PGS’s Reply also includes other exhibits (1104, 1113-16, 1119) that have
`
`been designated by WesternGeco as containing business confidential information.
`
`These exhibits, including the statement and deposition transcripts of Mr. Robin
`
`Walker in this proceeding, have been designated as confidential by WesternGeco.
`
`
`
`Pursuant to Section 4(A)(ii) of the Board’s default protective order applicable
`
`in this proceeding, PGS has filed a confidential, non-redacted version of its Reply
`
`as well as a redacted version of its Reply to remove references and citations to the
`
`sealed information and exhibits. Because the redacted portions of the Reply are
`
`subject to the aforementioned protective orders, Petitioner brings this motion to seal
`
`with good cause.
`
`II. Conclusion
`
`For the foregoing reasons, Petitioner requests that the Board grant
`
`
`
`Petitioner’s Motion to Seal. Petitioner understands that the documents filed
`
`concurrently with this motion will remain sealed pending the outcome of the
`
`decision on this motion. See 37 C.F.R. § 42.14. Should the Board require it before
`
`deciding this motion, PGS is prepared to meet and confer with WesternGeco to
`
`prepare any Joint Motion to Seal that may be required to further clarify the bases
`
`for sealing the above documents.
`
`
`
`
`
`Dated: September 25, 2015
`
`
`
`
`
`
`
`Respectfully Submitted,
`
`3
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`_/Jessamyn Berniker/________
`Jessamyn Berniker
`Reg. No. 72,328
`Williams & Connolly, LLP
`725 12th St., NW
`Washington, DC 20005
`Telephone: 202-434-5000
`Facsimile: 202-434-5957
`Email: jberniker@wc.com
`
`Attorney for Petitioner
`
`4
`
`
`
`
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that the above-captioned Petroleum Geo-
`
`Service Inc.’s “Motion to Seal Under 37 C.F.R. § 42.14” was served to the Patent
`
`Owner by delivering a copy via electronic mail upon the following attorneys of
`
`record.
`
`Michael L. Kiklis
`CPDocketKiklis@oblon.com
`Scott McKeown
`CPDocketMcKeown@oblon.com
`Kevin Laurence
`CPDocketLaurence@oblon.com
`Katherine Cappaert
`CPDocketCappaert@oblon.com
`Christopher Ricciuti
`CPDocketRicciuti@oblon.com
`
`Oblon
`1940 Duke Street
`Alexandria, Virginia 22314
`703-413-3000
`
`DATE: September 25, 2015.
`
`
`
`
`
`
`
`
`
`__/Jessamyn Berniker/______
`Jessamyn Berniker
`Reg. No. 72,328
`Williams & Connolly, LLP
`725 12th St., NW
`Washington, DC 20005
`Telephone: 202-434-5000
`Facsimile: 202-434-5957
`Email: jberniker@wc.com
`
`Attorney for Petitioner
`
`5
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
