`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________________
`
`PETROLEUM GEO-SERVICES INC.,
`
`Petitioner
`
`v.
`
`WESTERNGECO, L.L.C.,
`
`Patent Owner
`
`________________________
`
`Case IPR2014-01478
`U.S. Patent No. 7,293,520
`________________________
`
`JOINT MOTION FOR ENTRY OF THE
`DEFAULT PROTECTIVE ORDER
`AND TO SEAL UNDER
`37 C.F.R. §§ 42.14 AND 42.54
`
`
`
`
`
`
`
`
`
`Joint Motion for Entry of Default Protective Order and to Seal
`Case IPR2014-01478
`U.S. PATENT 7,293,520
`
`Pursuant to 37 C.F.R. §§ 42.14 and 42.54, and further to Petitioner’s Motion
`
`
`
`to Seal filed September 11, 2014, Patent Owner, WesternGeco L.L.C
`
`(“WesternGeco” or “Patent Owner”) and Petitioner, Petroleum Geo-Services, Inc.
`
`(“PGS” or “Petitioner”) jointly submit this Motion for Entry of the Default
`
`Protective Order and to Seal certain exhibits submitted with the Petition for Inter
`
`Partes Review (“Petition”) filed by Petitioner on September 11, 2014, and certain
`
`exhibits submitted with the Patent Owner Preliminary Response (“Preliminary
`
`Response”) filed by Patent Owner on December 18, 2014.
`
`The Petition and certain accompanying exhibits were filed under seal
`
`because they contained information that Patent Owner had designated as
`
`confidential. Similarly, sealed and public versions of Patent Owner’s Preliminary
`
`Response, and corresponding sealed and public versions of all accompanying
`
`exhibits, were filed with the Board on December 18, 2014. The following tables
`
`list those documents that the parties believe should remain under seal.
`
`The parties have conferred and have agreed to the terms of the Default
`
`Protective Order, submitted herewith as Exhibit 2038. The Default Protective
`
`Order is jointly executed on page 7 of Exhibit 2038.
`
`
`
`2
`
`
`
`I.
`
`Joint Motion for Entry of Default Protective Order and to Seal
`Case IPR2014-01478
`U.S. PATENT 7,293,520
`
`
`Reasons for Sealing Certain Confidential Information
`A.
`Exhibits 1019, 1022, 1053, and 1077 were filed under seal. In accordance
`
`Petition Exhibits
`
`with the Board’s Order in related proceeding IPR2014-00689 (Paper 31 at 2),
`
`Exhibit 1053, which is identical between proceedings, will no longer be maintained
`
`under seal as third party Ion Geophysical Corporation indicated that it did not
`
`intend to defend the confidentiality of the exhibit. Additionally, in accordance
`
`with the Board’s Order in related proceeding IPR2014-00688 (Paper 32 at 2),
`
`Exhibit 1019, which is identical between proceedings, will no longer be maintained
`
`under seal as third party Ion Geophysical Corporation indicated that it did not
`
`intend to defend the confidentiality of the exhibit. As set forth in the Table 1,
`
`below, good cause exists for maintaining Exhibits 1022 and 1077 under seal. It is
`
`noted that Exhibit 1022 is identical to Exhibit 1022 in related proceeding IPR2014-
`
`00689, and that the Board was persuaded in that proceeding that Exhibit 1022
`
`should be sealed. (See IPR2014-00689 (Paper 31, Order Granting In Part
`
`Motion).)
`
`Table 1. Exhibits to the Petition that Should Remain Under Seal
`
`Exhibit
`
`1022
`
`
`
`Description
`
`Good Cause
`
`WesternGeco's Motion for
`Summary Judgment of Willful
`
`Patent Owner states that this exhibit
`includes WesternGeco confidential
`
`3
`
`
`
`Joint Motion for Entry of Default Protective Order and to Seal
`Case IPR2014-01478
`U.S. PATENT 7,293,520
`
`
`Infringement of Valid Claims
`of the '520 Patent in
`WesternGeco L.L.C. v.ION
`Geophysical Corporation Civil
`Action No. 4:09-CV-01 827,
`DE 276, dated March 30,
`2012.
`
`materials that are subject to a
`protective order in WesternGeco
`L.L.C. v. Ion Geophysical Corp.,
`Civil Action No. 4:09-CV-01827. In
`particular, this document, the entirety
`of WesternGeco’s opening brief in
`support of its motion for summary
`judgment of willful infringement,
`contains discussions of confidential
`business information and technical
`development documents that are not
`public, that are maintained in
`confidence, and that are unnecessary
`for the public to understand the
`patentability dispute at issue.
`Patent Owner states that this exhibit
`includes WesternGeco confidential
`materials that are subject to a
`protective order in WesternGeco
`L.L.C. v. Ion Geophysical Corp.,
`Civil Action No. 4:09-CV-01827. In
`particular, this document references
`deposition testimony by a
`WesternGeco witness discussing
`confidential business information that
`is not public, that is maintained in
`confidence, and that is unnecessary
`for the public to understand the
`patentability dispute at issue.
`
`1077
`
`Mark Scott Zajac Deposition
`Transcript in re: WesternGeco
`L.L.C. v. Ion Geophysical
`Corporation, Civil Action No.
`4:09-CV-01827, dated January
`29, 2010.
`
`Preliminary Response
`
`B.
`As set forth in the Table 2, below, good cause exists for maintaining
`
`Exhibits 2002, 2003, 2004, 2006, 2014, 2019, 2020, 2021, 2022, 2023, and 2027
`
`under seal. It is noted that each of these exhibits are identical to exhibits with the
`
`
`
`4
`
`
`
`Joint Motion for Entry of Default Protective Order and to Seal
`Case IPR2014-01478
`U.S. PATENT 7,293,520
`
`
`same number in related proceeding IPR2014-00689, and that the Board was
`
`persuaded in that proceeding that each of these exhibits should be sealed. (See
`
`IPR2014-00689 (Paper 31, Order Granting In Part Motion).)
`
`Table 2. Exhibits to the Preliminary Response that Should Remain Under Seal
`
`Exhibit
`
`Description
`
`Good Cause
`
`2002
`
`“Proposal For Next Generation
`Streamer Positioning System,”
`WesternGeco L.L.C. v. Ion
`Geophysical Corporation,
`Civil Action No. 4:09-CV-
`01827, ION10473-505.
`
`WesternGeco L.L.C. v. Ion
`Geophysical Corporation,
`Civil Action No. 4:09-CV-
`01827, ION17940-74.
`
`2003
`
`WesternGeco LLC v.
`Petroleum Geo-Services Inc.,
`et al., No. 4-13-cv-02725,
`PGSUS 10.
`
`2004
`
`2006
`
`WesternGeco L.L.C. v. Ion
`Geophysical Corporation,
`Civil Action No. 4:09-CV-
`
`
`
`5
`
`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.
`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
`
`
`
`Exhibit
`
`2014
`
`2019
`
`2020
`
`Joint Motion for Entry of Default Protective Order and to Seal
`Case IPR2014-01478
`U.S. PATENT 7,293,520
`
`
`Description
`
`Good Cause
`
`01827, ION732624-28.
`
`WesternGeco LLC v.
`Petroleum Geo-Services Inc.,
`et al., No. 4-13-cv-02725,
`PGSI-T2725-WG-46643.
`
`WesternGeco L.L.C. v. Ion
`Geophysical Corporation,
`Civil Action No. 4:09-CV-
`01827, ION886761-67.
`
`WesternGeco L.L.C. v. Ion
`Geophysical Corporation,
`Civil Action No. 4:09-CV-
`01827, ION 891471-77.
`
`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 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
`
`
`
`6
`
`
`
`Joint Motion for Entry of Default Protective Order and to Seal
`Case IPR2014-01478
`U.S. PATENT 7,293,520
`
`
`Description
`
`Good Cause
`
`Invoices for transactions
`between ION and PGS.
`
`WesternGeco LLC v.
`Petroleum Geo-Services Inc.,
`et al., No. 4-13-cv-02725,
`PGSI-T2725-WG-46456-58.
`
`WesternGeco LLC v.
`Petroleum Geo-Services Inc.,
`et al., No. 4-13-cv-02725,
`PGSI-T2725-WG-47225.
`
`WesternGeco LLC v.
`Petroleum Geo-Services Inc.,
`et al., No. 4-13-cv-02725,
`PGSI-T2725-WG-47303.
`
`7
`
`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 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
`
`Exhibit
`
`2021
`
`2022
`
`2023
`
`2027
`
`
`
`
`
`Joint Motion for Entry of Default Protective Order and to Seal
`Case IPR2014-01478
`U.S. PATENT 7,293,520
`
`
`Good Cause
`
`Exhibit
`
`Description
`
`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.
`II. Certification of Non-Publication Status
`Petitioner’s and Patent Owner’s undersigned counsel certify that, with
`
`respect to the exhibits as to which each party has provided a showing of good
`
`cause in the foregoing tables, the information sought to be sealed by this motion
`
`has not been published or otherwise made public to the best of their knowledge.
`
`III. Certification of Conference with Opposing Party Pursuant to 37 C.F.R.
`§ 42.54
`
`Patent Owner has in good faith conferred with Petitioner and the parties
`
`have agreed to the terms of the Board’s Default Protective Order and to Seal the
`
`Exhibits discussed above. The proposed Protective Order submitted herewith as
`
`Exhibit 2038 is executed by counsel for both parties.
`
`IV. Proposed Protective Order
`The Proposed Protective Order submitted herewith as Exhibit 2038 is the
`
`Board’s Default Protective Order to which the Parties agree to be bound in this
`
`
`
`8
`
`
`
`Joint Motion for Entry of Default Protective Order and to Seal
`Case IPR2014-01478
`U.S. PATENT 7,293,520
`
`
`matter. The Default Protective Order is jointly executed on page 7 of Exhibit
`
`2038.
`
`V. Request For Relief
`Patent Owner and Petitioner jointly request entry of Proposed Protective
`
`Order (Ex. 2038), and request that the following exhibits remain under seal:
`
`Petitioner Exhibits 1019, 1022, and 1077; and
`
`Patent Owner Exhibits 2002, 2003, 2004, 2006, 2014, 2019, 2020, 2021,
`
`2022, 2023, and 2027.
`
`
`
`
`
`
`
`9
`
`
`
`
`
`Joint Motion for Entry of Default Protective Order and to Seal
`Case IPR2014-01478
`U.S. PATENT 7,293,520
`
`Agreed upon by the parties.
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`WesternGeco L.L.C.
`Patent Owner
`
`
`
`
`
`By /Michael L. Kiklis/
`
`
` Michael L. Kiklis
`
`
`(Reg. No. 38,939)
`CPdocketKiklis@oblon.com
`
`
`
`Scott A. McKeown
`
`
`(Reg. No. 42,866)
`CPdocketMcKeown@oblon.com
`
`
`Oblon, McClelland,
`Maier & Neustadt, LLP
`1940 Duke Street
`
`Alexandria, VA 22314
`Tel: (703) 413-3000
`
`Fax: (703) 413-2220
`
`
`
`Dated: March 2, 2015
`
`
`
`
`
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`
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`
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`
`
`
`
`
`
`
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`
`
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`
`
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`
`
`
`
`Petroleum Geo-Services, Inc.
`Petitioner
`
`By
`
`
`
`
`
`
`/David Berl/
`David Berl
`(Reg. No. 72,751)
`dberl@wc.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`Christopher Suarez
`(Reg. No. 72,553)
`Csuarez@wc.com
`
`Williams & Connolly, LLP
`725 12th St., NW
`Washington, DC 20005
`Tel: (202) 434-5491
`Fax: (202) 434-5029
`
`Dated: February 27, 2015
`
`
`
`10
`
`
`
`Joint Motion for Entry of Default Protective Order and to Seal
`Case IPR2014-01478
`U.S. PATENT 7,293,520
`
`CERTIFICATE OF SERVICE
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies service of JOINT
`
`MOTION FOR ENTRY OF DEFAULT PROTECTIVE ORDER AND TO SEAL
`
`on the counsel of record for the Petitioner by filing this document through the
`
`Patent Review Processing System as well as delivering a copy via electronic mail to
`
`the following address:
`
`David Berl
`Christopher Suarez
`Williams & Connolly, LLP
`725 Twelfth St. N.W.
`Washington, DC 20005
`dberl@wc.com
`csuarez@wc.com
`
`
`
`
`
`
`
`
`
`
`
`Date: March 2, 2015
`
`
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`
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`
`
`
`
`
`
`
`
`
`
`/Michael L. Kiklis/
`Michael L. Kiklis (Reg. No. 38,939)
`Attorney for Patent Owner
`WESTERNGECO L.L.C.
`
`
`
`
`
`11
`
`
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