`Date: October 15, 2015
`
`
`
`
`
`
`Trials@uspto.gov
`571-272-7822
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`ZTE CORPORATION and ZTE (USA) INC.,
`Petitioners,
`
`v.
`
`E-WATCH, INC.,
`Patent Owner.
`_______________
`
`Case IPR2015-00412
`Case IPR2015-013661
`Patent 7,365,871 B2
`_______________
`
`Before JAMESON LEE and GREGG I. ANDERSON,
`Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`1 IPR2015-01366 has been joined with IPR2015-00412. There are two
`petitioners.
`
`
`
`IPR2015-00412 and IPR2015-01366
`Patent 7,365,871 B2
`
`
`
`Introduction
`
`
`
`
`
`On October 14, 2015, a telephone conference was held. The
`
`participants were Judges Lee and Anderson, Blair Silver, counsel for Apple,
`
`Inc. (“Apple”), and Gregory Donahue, counsel for e-Watch, Inc. (“e-
`
`Watch”). Having been given notice of the conference, Petitioner ZTE
`
`Corporation and ZTE (USA) Inc. did not attend. This was a follow-up call
`
`subsequent to a first conference call held on October 5, 2015, to discuss e-
`
`Watch’s assertion that Apple went beyond the proper scope of cross-
`
`examination of e-Watch’s expert witness, Dr. Melendez. At the conclusion
`
`of that first call, we directed the parties to attempt to solve their dispute by
`
`stipulating to certain facts to obviate the need to submit to the Board a 25-
`
`page portion of the transcript of Dr. Melendez’s cross-examination
`
`testimony. In that first call, we also explained that Petitioner is entitled to
`
`some leeway in exploring potential bias of Dr. Melendez against Apple. In
`
`this follow-up call, counsel for e-Watch stated that e-Watch no longer
`
`contests that Apple went beyond the proper scope of cross-examination of
`
`Dr. Melendez.
`
`
`
`Nevertheless, another issue remains on the table. Some of the
`
`material in the transcript of the cross-examination of Dr. Melendez,
`
`according to e-Watch, constitutes confidential business information, and e-
`
`Watch desires to file a motion to seal. Counsel for both Apple and e-Watch
`
`explained that despite multiple attempts to stipulate to certain facts, as they
`
`had been instructed by the Board to do, they were unable to reach complete
`
`agreement, and the 25-page portion of the transcript still need to be
`
`submitted, with a very small portion thereof, less than one page, redacted.
`
`
`
`
`
`2
`
`
`
`
`IPR2015-00412 and IPR2015-01366
`Patent 7,365,871 B2
`
`
`
`
`
`Counsel for Apple and e-Watch explained that they could not agree on
`
`a set of stipulated facts to obviate the submission of the transcript portion at
`
`issue because each has a different understanding of the meaning of
`
`Dr. Melendez’s statements.
`
`Discussion
`
`
`
`Information that already is in the public domain should not be the
`
`subject of a motion to seal. Although counsel for Apple questioned whether
`
`all of the material e-Watch seeks to seal are not already in the public
`
`domain, he indicated that Apple will not oppose e-Watch’s motion to seal.
`
`Also, prior authorization to file a motion to seal is not necessary, if the
`
`motion accompanies filing of material sought to be sealed.
`
`It is
`
`Order
`
`ORDERED that in e-Watch’s motion to seal, e-Watch should indicate
`
`
`
`
`
`whether any of the material it seeks to have sealed already is in the public
`
`domain, and if so, which material; and
`
`
`
`FURTHER ORDERED that attention of the parties is directed to
`
`Papers 37, 38, and 40 of IPR2014-00736, with regard to the filing of a
`
`motion to seal.
`
`
`
`
`
`
`
`3
`
`
`
`
`IPR2015-00412 and IPR2015-01366
`Patent 7,365,871 B2
`
`FOR PETITIONER:
`
`
`
`
`
`Brian Buroker
`Blair Silver
`Gibson, Dunn & Crutcher LLP
`bburoker@gibsondunn.com
`bsilver@gibsondunn.com
`
`
`
`FOR PATENT OWNER:
`
`Robert C. Curfiss
`bob@curfiss.com
`
`
`
`David O. Simmons
`IVC Patent Agency
`dsimmons@sbcglobal.net
`
`
`
`FOR PETITIONER IN IPR2015-01366:
`
`Steve Moore
`Richard Thill
`Barry Shelton
`Brian Nash
`Pillsbury Law LLP
`steve.moore@pillsburylaw.com
`richard.thill@pillsburylaw.com
`barry.shelton@pillsburylaw.com
`brian.nash@pillsburylaw.com
`
`
`
`4
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