`________________________
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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,
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`v.
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`WESTERNGECO LLC
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`Patent Owner.
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`____________
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`Case IPR2014-01478
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`U.S. Patent No. 7,293,520
`____________
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`MOTION FOR PRESERVATION IN NON-PUBLIC FORM OF THE
`RECORD PENDING APPEAL
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`Patent Owner WesternGeco LLC (“WG”) respectfully requests that Paper
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`Nos. 2, 11, 13, 40, 47, 53, 62, and 66 and Exhibits 1002, 1003, 1019, 1022, 1053,
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`1077, 1104, 1108, 1111-1116, 1119, 1122, 1124, 1129-1130, 2002-2004, 2006,
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`2014, 2019-2023, 2027, 2053, 2057, 2059-2061, 2067, 2085, 2092, 2099, 2101-
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`2102, 2108, 2127-2132, 2142, 2149-2152, and 2158-2160 (collectively, the
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`“Confidential Documents”) in IPR2014-01478 be preserved in non-public form
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`pending any appeal.
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`As a general rule, confidential information referred to in a final written
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`decision becomes public 45 days after final judgment, unless a motion to expunge
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`is filed. 77 Fed. Reg. 48761; 37 C.F.R. § 42.56. As was explained in the parties’
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`previously filed motions to seal (Paper Nos. 4, 16, 41, 50, 55, 59, and 64), the
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`Confidential Documents contain the parties’ confidential information, much of
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`which is subject to a protective order in co-pending litigations, that ultimately
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`should be expunged rather than being made public. The Board, however, has
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`found it “reasonable to maintain the record undisturbed pending resolution of the
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`Appeal, or any subsequent appeal concerning this proceeding.” U.S. Bancorp v.
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`Solutran, Inc., CBM2014-00076, Paper 47 at 2-3 (PTAB Jan. 4, 2016). And the
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`Federal Circuit’s rules affirm this approach. Specifically, Federal Circuit Rule
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`17(a) provides that “[t]he agency must retain the record,” and Federal Circuit Rule
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`17(d) confirms that parties and counsel must have access to the original record.
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`1
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`Accordingly, WG requests that the Confidential Documents be preserved
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`pending a possible appeal but remain in non-public form. The good-cause grounds
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`for sealing the Confidential Documents have been detailed in the parties’ motions
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`to seal (Paper Nos. 4, 16, 41, 50, 55, 59, and 64).
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`For the foregoing reasons, WG moves the Board to maintain the
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`Confidential Documents in their non-public form pending any appeal. If, however,
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`the Board declines to preserve the Confidential Documents in their non-public
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`form pending appeal, WG respectfully requests expungement of those exhibits
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`under 37 C.F.R. § 42.56, for the good cause explained above. And, if no appeal is
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`taken, or after the conclusion of any appeal proceeding, WG also requests that the
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`Confidential Documents be expunged.
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`Respectfully submitted,
`Oblon, McClelland, Maier &
`Neustadt, LLP
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`
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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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`Dated: April 25, 2016
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`Customer Number
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`Tel. (703) 413-3000
`Fax. (703) 413-2220
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies service of MOTION FOR
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`PRESERVATION IN NON-PUBLIC FORM OF THE RECORD PENDING
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`APPEAL on the counsel of record for the Petitioner by filing this document
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`through the Patent Review Processing System as well as delivering a copy via
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`electronic mail to the following addresses:
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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: April 25, 2016
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