UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
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`GOOGLE INC.
`Petitioner
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`v.
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`SUMMIT 6 LLC
`Patent Owner
`____________________
`
`Case: IPR2015-00806
`Patent No. 7,765,482
`
`Title: Web-Based Media Submission Tool
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`PATENT OWNER’S SUPPLEMENT
`TO ITS MOTION TO SEAL (PAPER 29)
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`____________________________________________________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
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`GOOGLE INC.
`Petitioner
`
`v.
`
`SUMMIT 6 LLC
`Patent Owner
`____________________
`
`Case: IPR2015-00806
`Patent No. 7,765,482
`
`Title: Web-Based Media Submission Tool
`
`PATENT OWNER’S SUPPLEMENT
`TO ITS MOTION TO SEAL (PAPER 29)
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`I.
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`Introduction
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`IPR2015-00806
`U.S. Pat. No. 7,765,482
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`Pursuant to Paper 44, Patent Owner Summit 6 hereby withdraws its motion to
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`seal as to Exhibit 2050, and requests that the Board make Exhibit 2050 publicly
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`available. Furthermore, although in Paper 43 the Board ordered Google, rather than
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`Summit 6, to address the Exhibits at issue, after a meet and confer, the parties
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`decided that it would be more appropriate for Summit 6 to address the confidentiality
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`of Exhibits 1016 and 1019 as those documents contain Summit 6’s confidential
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`information. Accordingly, Pursuant to Paper 43, Patent Owner requests that Exhibit
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`1016 be made publicly available, and further, Patent Owner identifies which portions
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`of 1019 filed by Google and Google’s Corrected Reply contain confidential business
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`information of Summit 6. Specifically, Summit 6 requests permission to seal Exhibit
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`1019: Transcript of February 18, 2016 deposition of Sarah Pate, and portions of
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`Google’s Corrected Reply.
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`Furthermore, the parties have meet and conferred and have agreed that the
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`Corrected Frazier Declaration (Ex. 1018) can be made public.
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`II. Exhibit 1019 Contains Confidential Information
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`Exhibit 1019 is the transcript of the February 18, 2016 deposition of Sarah
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`Pate. This deposition contains specific confidential testimony that is not publicly
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`known or available and should remain confidential. This testimony references
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`1
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`IPR2015-00806
`U.S. Pat. No. 7,765,482
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`confidential information of Exhibits that the Board has previously sealed, each of
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`which are not publicly known or available and should remain confidential. The
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`specific confidential aspects include confidential testimony relating to the following
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`confidential exhibits:
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`The following excerpts of the Pate transcript contain confidential
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`testimony related to the confidential provisions of Exhibit 2033 (Visual
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`Content Services Agreement Between eBay and iPIX (April 19, 2000)):
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`100:2–5, 12–14, 16–17; 101:5–8, 11–12, 14–23, 25; 102:1–2, 4–23; and
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`104:7–105:8. Exhibit 2033 is confidential and not publicly known or
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`available and has been sealed in this case. Accordingly, these excerpts
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`identified in Exhibit 1019 should remain sealed.
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`
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`The following excerpts of the Pate transcript contain confidential
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`testimony related to the confidential provisions of Exhibit 2021 (Amendment
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`No. 3 to the Visual Content Services Agreement Beween eBay and iPIX
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`(June 27, 2003)): 120:20–24; 121:2, 20–23; 122:1–125:6, 8–10, 12–13, 23–
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`25. Exhibit 2021 is confidential and not publicly known or available and has
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`been sealed in this case. Accordingly, these excerpts identified in Exhibit
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`1019 should remain sealed.
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`2
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`IPR2015-00806
`U.S. Pat. No. 7,765,482
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` The following excerpts of the Pate transcript contain confidential
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`testimony related to the confidential provisions of Exhibit 2020 (Confidential
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`Information Memorandum,
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`“Admission”
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`(Swiftsure Capital LLC,
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`December 13, 2004)): 129:13–18; 132:23–133:13, 15–16, 19–20, 22–24;
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`134:1, 5–6, 10–12, 14, 16–18, 21–25; 135:1, 3–19, and 21. Exhibit 2020 is
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`confidential and not publicly known or available and has been sealed in this
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`case. Accordingly, these excerpts identified in Exhibit 1019 should remain
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`sealed.
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`The parties have met and conferred and Google has filed, a public, redacted
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`version of the transcript of the February 18, 2016 deposition of Sarah Pate as Exhibit
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`1020. These redactions include only the portions of confidential Exhibit 1019 that
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`constitutes confidential information under the Office Patent Trial Practice Guide and
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`such confidential information has not been made available publically.
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`III. Petitioner’s Corrected Reply Contains Confidential Information
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`Petitioner’s Corrected Reply on page 19, lines 14–17, 20 and page 20, lines
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`1–3 contains confidential information related to the confidential provisions of
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`Exhibit 2021 (Amendment No. 3 to the Visual Content Services Agreement Beween
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`eBay and iPIX (June 27, 2003)). The confidential information redacted on
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`Petitioner’s Corrected Redacted Reply is confidential and not publicly known or
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`3
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`IPR2015-00806
`U.S. Pat. No. 7,765,482
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`availble and has been sealed in this case. Accordingly, these excerpts should remain
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`sealed.
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`IV. Exhibit 1019 and Petitioner’s Reply Contains Confidential Business
`Information and Should Be Sealed.
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`A party to an inter partes review proceeding may, concurrently with any
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`
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`filing, also file a motion to seal documents. 37 C.F.R. § 42.14. Only “confidential
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`information” is protected from public disclosure. 35 U.S.C. § 316(a)(7); Office
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`Patent Trial Practice Guide, 77 Fed. Reg. 48756, 48760 (Aug. 14, 2012). The Board
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`will only grant a motion to seal for “good cause.” 37 C.F.R. § 42.54; Garmin Int’l,
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`Inc. v. Cuozzo Speed Technologies, LLC, IPR2012-00001, Paper 34, p. 3 (March 14,
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`2013).
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`
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`Summit 6 has good cause for seeking permission to place the identified
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`excerpts of the aforementioned exhibits under seal. As outlined above, portions of
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`each exhibit contains confidential and proprietary business information. Each
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`exhibit is also marked as “confidential” or contains a clause governing its
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`confidentiality. Each of the identified excerpts are confidential and not available
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`publically. Therefore, Summit 6 respectfully requests permission to seal the
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`identified selected confidential portions of Exhibit 1019 and identified excerpts from
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`Petitioner’s Corrected Reply.
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`4
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`IPR2015-00806
`U.S. Pat. No. 7,765,482
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`V.
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`Standing Protective Order
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`The protective order found in Appendix B of the Office Patent Trial Practice
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`Guide has already been issued in Paper 15 and all parties have also filed Standard
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`Acknowledgments for Access to Protective Order Material. See Papers 14, 16, 17.
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`VI. Conclusion
`Summit 6 respectfully requests that the Board grant this Motion to Seal
`because it has good cause to seal confidential Exhibit 1019 and excepts on page 19,
`lines 14–17, 20 and page 20, lines 1–3 of Petitioner’s Corrected Reply. Summit 6
`further withdraws it motion to seal with respect to Exhibit 2050 and respectfully
`requests the Board to make Exhibit 2050 publicly available.
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`Dated: April 1, 2016
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`Respectfully submitted,
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`
`
`
` /Peter J. Ayers/
`Peter J. Ayers, Reg. No. 38,374
`Email: peter@leehayes.com
`John Shumaker, No. 52,223
`Email: jshumaker@leehayes.com
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`LEE & HAYES, PLLC
`11501 Alterra Parkway, Suite 450
`Austin, TX 78758
`Phone: (512) 605-0252
`Facsimile: (512) 605-0269
`Attorneys for Patent Owner
`Summit 6 LLC
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`IPR2015-00806
`U.S. Pat. No. 7,765,482
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this 1st day of April, 2016, the foregoing Patent
`Owner’s Supplement to its Motion to Seal (Paper 29) was served on lead and back-
`up counsel for Petitioner by sending the same by electronic means to the address
`provided by Petitioner:
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`
`
`John Alemanni, Reg. No. 47,384
`Lead Counsel
`Kilpatrick Townsend & Stockton LLP
`1001 West Fourth Street
`Winston-Salem, NC 27101-2400
`JAlemanni@kilpatricktownsend.com
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`Michael Morlock, Reg. No. 62,245
`Back-up Counsel
`Kilpatrick Townsend & Stockton LLP
`1001 West Fourth Street
`Winston-Salem, NC 27101-2400
`MMorlock@kilpatricktownsend.com
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` /Peter J. Ayers/
`Peter J. Ayers, Reg. No. 38,374
`Attorney for Patent Owner
`Summit 6 LLC
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`6
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