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
`_____________________
`
`IPR2015-00412
`IPR2015-013661
`U.S. Patent No. 7,365,871 B2
`_____________________
`
`PATENT OWNER’S UNOPPOSED MOTION TO SEAL UNREDACTED
`VERSION OF EXHIBIT 1013
`
`
`
`
`
`Mail Stop
`Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`1 IPR2015-01366 has been joined with IPR2015-00412.
`
`
`
`____________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________________________
`
`APPLE INC.,
`ZTE CORPORATION and ZTE (USA) INC.,
`Petitioners
`
`v.
`
`E-WATCH, INC.
`Patent Owner
`_____________________
`
`IPR2015-00412
`IPR2015-013661
`U.S. Patent No. 7,365,871 B2
`_____________________
`
`PATENT OWNER’S UNOPPOSED MOTION TO SEAL UNREDACTED
`VERSION OF EXHIBIT 1013
`
`
`
`
`
`Mail Stop
`Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`1 IPR2015-01366 has been joined with IPR2015-00412.
`
`
`
`
`
`In compliance with the Board’s instructions discussed in a telephone
`
`
`
`conference held on October 14, 2015, Patent Owner e-Watch (“Patent Owner” or
`
`“e-Watch”) respectfully submits Patent Owner’s Unopposed Motion to Seal
`
`Unredacted Version of Exhibit 1013, involving the September 28, 2015 deposition
`
`transcript of Dr. Jose Melendez (“Melendez Transcript”).
`
`
`
`Pursuant to Section 4(A)(ii) of the Default Protective Order previously
`
`submitted as Exhibit 2011, Patent Owner is alleging some, but not all, of the
`
`testimony contained in the Melendez Transcript is confidential. Consequently, a
`
`confidential/unredacted version of
`
`the Melendez Transcript and a non-
`
`confidential/redacted version of the Melendez Transcript are being submitted as
`
`Exhibit 1013. The reasons why the information redacted from the non-confidential
`
`version of Exhibit 1013 is confidential and should not be made available to the
`
`public are being provided herein as required in the Default Protective Order.
`
`I.
`
`Regulations Related to Motions to Seal and Confidentiality Designations
`
`
`
`37 C.F.R. § 42.14 provides:
`
`The record of a proceeding, including documents and things, shall be
`made available to the public, except as otherwise ordered. A party
`intending a document or thing to be sealed shall file a motion to seal
`concurrent with the filing of the document or thing to be sealed. The
`document or thing shall be provisionally sealed on receipt of the
`motion and remain so pending the outcome of the decision on the
`motion.
`
`“The rules aim to strike a balance between the public’s interest in
`
`2
`
`
`
`
`
`
`
`
`
`maintaining a complete and understandable file history and the parties’ interest in
`
`protecting truly sensitive information.” Office Trial Practice Guide, 77 F3d. Reg.
`
`48756, 48760 (Aug. 14, 2012). “The rules identify confidential information in a
`
`manner consistent with Federal Rule of Civil Procedure 26(c)(1)(G), which
`
`provides for protective orders for trade secret or other confidential research,
`
`development, or commercial information.” Id. Under 37 C.F.R. § 42.20(c), Patent
`
`Owner, as the moving party, has the burden of proof in showing entitlement to the
`
`relief requested.
`
`II. The Type of Confidential Information Patent Owner Seeks to Protect
`
`
`
`The confidential information sought to be protected in this proceeding is of
`
`two types: (1) confidential commercial information about the Patent Owner’s
`
`expert’s business, including confidential commercial information that identifies
`
`clients, potential clients or former clients of the Patent Owner’s expert’s business
`
`along with the scope of work performed for those clients and (2) confidential
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`personal financial information of Patent Owner’s expert and/or his wife.
`
`
`
`
`
`A. Confidential Commercial Information Related to Clients
`
`The information redacted from pages 232-235 of the non-confidential
`
`version of the Melendez Transcript involves confidential commercial information
`
`related to the relative make-up of the clients of Patent Owner’s expert’s business
`
`and the relative revenue stream generated from these clients. Patent Owner’s
`
`
`
`3
`
`
`
`
`
`expert has indicated that this information is not publicly available to his
`
`knowledge. This information would potentially give competitors to his business an
`
`unfair advantage to know what type of client base he maintains and in what
`
`percentages. In addition, this information is of no relevance to this proceeding,
`
`and the public has no legitimate interest in having access to this information.
`
`
`
`The information redacted from page 237 of the non-confidential version of
`
`the Melendez Transcript involves confidential commercial information related to
`
`the identity of a client of the Patent Owner’s expert’s business and other
`
`information related to that client. Patent Owner’s expert has indicated that this
`
`information is not publicly available to his knowledge. Disclosing the identity of
`
`clients and information related to such clients without permission could damage
`
`the expert’s relationship with such clients and impact the expert’s ability to
`
`generate new clients. In addition, this information is of no relevance to this
`
`proceeding, and the public has no legitimate interest in having access to this
`
`information.
`
`
`
`The information redacted from page 238 of the non-confidential version of
`
`the Melendez Transcript involves confidential commercial information related to
`
`the identity of a client or former client of the Patent Owner’s expert’s business and
`
`information related to that client. Patent Owner’s expert has indicated that this
`
`information is not publicly available to his knowledge. Disclosing the identity of
`
`
`
`4
`
`
`
`
`
`clients or former clients and information related to such clients without permission
`
`could damage the expert’s relationship with such clients and impact the expert’s
`
`ability to generate new clients. In addition, this information is of no relevance to
`
`this proceeding, and the public has no legitimate interest in having access to this
`
`information.
`
`
`
`The information redacted from pages 243-244 of the non-confidential
`
`version of the Melendez Transcript involves confidential commercial information
`
`related to the identity of certain clients or potential clients of Patent Owner’s
`
`expert’s business and information related to those clients or potential clients,
`
`including clients or potential clients that are entities affiliated with Patent Owner’s
`
`expert’s wife. Patent Owner’s expert has indicated that this information is not
`
`publicly available to his knowledge. Disclosing the identity of clients or potential
`
`clients and information related to such clients without permission could damage
`
`the expert’s relationship with such clients and impact the expert’s ability to
`
`generate new clients. In addition, this information is of no relevance to this
`
`proceeding, and the public has no legitimate interest in having access to this
`
`information.
`
`
`
`The information redacted from page 245 of the non-confidential version of
`
`the Melendez Transcript involves confidential commercial information related to
`
`the identity of a certain business of Patent Owner’s expert’s wife, including the
`
`
`
`5
`
`
`
`
`
`potential holdings of the business and relative stock ownership in the business.
`
`Patent Owner’s expert has indicated that this information is not publicly available
`
`to his knowledge. In addition, this information is of no relevance to this
`
`proceeding, and the public has no legitimate interest in having access to this
`
`information.
`
`
`
`The information redacted from pages 247-253 of the non-confidential
`
`version of the Melendez Transcript involves confidential commercial information
`
`related to the identity of certain clients, former clients or potential clients of Patent
`
`Owner’s expert’s business and information related to those clients or potential
`
`clients, including the scope of work performed for those clients and the identity of
`
`the individuals who performed work for those clients. Patent Owner’s expert has
`
`indicated that this information is not publicly available to his knowledge.
`
`Disclosing this information about clients, former clients or potential clients without
`
`permission could damage the expert’s relationship with such clients and impact the
`
`expert’s ability to generate new clients. In addition, this information is of no
`
`relevance to this proceeding, and the public has no legitimate interest in having
`
`access to this information.
`
`
`
`
`
`B. Confidential Personal Financial Information
`
`The information redacted from page 231 of the non-confidential version of
`
`the Melendez Transcript involves confidential information related to the identity of
`
`
`
`6
`
`
`
`
`
`stockholders in Patent Owner’s expert’s business and Patent Owner’s expert’s
`
`personal stock holding interest. Patent Owner’s expert has indicated that this
`
`information is not publicly available to his knowledge. In addition, this
`
`information is of no relevance to this proceeding, and the public has no legitimate
`
`interest in having access to this information.
`
`
`
`The information redacted from page 254 of the non-confidential version of
`
`the Melendez Transcript involves confidential information related to the tax filing
`
`status of Patent Owner’s expert and his wife and their potential maintenance of
`
`funds in a joint account. Patent Owner’s expert has indicated that this information
`
`is not publicly available to his knowledge. In addition, this information is of no
`
`relevance to this proceeding, and the public has no legitimate interest in having
`
`access to this information.
`
`III. Conclusion
`
`
`
`For the foregoing reasons, Patent Owner respectfully submits that the
`
`information redacted from
`
`the non-confidential version of
`
`the Melendez
`
`Transcript, filed as Exhibit 1013, relates to confidential information and that the
`
`confidential/unredacted version of the Melendez Transcript filed as Exhibit 1013
`
`should remain under seal.
`
`
`
`
`
`
`
`
`
`7
`
`
`
`
`
`
`
`
`By: /Gregory S. Donahue/
`DATED: October 15, 2015
` Gregory S. Donahue (Reg. No. 47,531)
` DiNovo Price Ellwanger & Hardy LLP
` 7000 North MoPac Expressway
` Suite 350
`
`
` Austin, TX 78731
` Telephone: (512) 539-2625
` Facsimile: (512) 539-2627
`
`
`Attorney for Patent Owner E-Watch, Inc.
`
`
`
`
`
`
`
`8
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies service pursuant to 37 C.F.R. § 42.6(e) of a copy
`
`of this Patent Owner’s Unopposed Motion to Seal Unredacted Version of Exhibit
`
`1013 by electronic mail on October 15, 2015 on the counsel of record for:
`
`Patent Owner:
`
`Robert C. Curfiss, bob@curfiss.com
`
`David Simmons, dsimmons1@sbcglobal.net
`
`Greg Donahue, gdonahue@dpelaw.com
`
`ZTE Corporation and ZTE (USA) Inc.:
`
`Steve Moore, steve.moore@pillsburylaw.com
`
`Richard Thill, richard.thill@pillsburylaw.com
`
`Barry Shelton, barry.shelton@pillsburylaw.com
`
`Brian Nash, nash@pillsburylaw.com
`
`Apple Inc.:
`
`Brian Buroker, bburoker@gibsondunn.com
`
`Blair Silver, bsilver@gibsondunn.com
`
`
`
`
`
`
`
`DATED: October 15, 2015
`
`By: /s/ Bob Curfiss
`
`
`
`
`
`9
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