UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
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`GOOGLE INC., SAMSUNG ELECTRONICS CO., LTD.
`Petitioner
`
`v.
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`SUMMIT 6 LLC
`Patent Owner
`____________________
`
`Case: IPR2015-008061
`Patent No. 7,765,482 B2
`
`Title: Web-Based Media Submission Tool
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`PATENT OWNER’S UNOPPOSED MOTION TO SEAL
`THE DEPOSITION TRANSCRIPT OF GARY L. FRAZIER
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`
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`1 Samsung Electronics Co., Ltd., who filed a Petition in IPR2016-00029,
`has been joined as a petitioner in the instant proceeding.
`
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`____________________________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
`
`GOOGLE INC., SAMSUNG ELECTRONICS CO., LTD.
`Petitioner
`
`v.
`
`SUMMIT 6 LLC
`Patent Owner
`____________________
`
`Case: IPR2015-008061
`Patent No. 7,765,482 B2
`
`Title: Web-Based Media Submission Tool
`
`PATENT OWNER’S UNOPPOSED MOTION TO SEAL
`THE DEPOSITION TRANSCRIPT OF GARY L. FRAZIER
`
`
`
`
`
`
`
`1 Samsung Electronics Co., Ltd., who filed a Petition in IPR2016-00029,
`has been joined as a petitioner in the instant proceeding.
`
`
`
`I.
`
`Introduction
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`IPR2015-00806
`U.S. Pat. No. 7,765,482
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`
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`Patent Owner Summit 6 requests permission to seal Exhibit 2075 (March 29,
`
`2016 Deposition Transcript of Gary Frazier) as this exhibit contains confidential
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`business information. Patent Owner files concurrently a redacted version of the
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`March 29, 2016 Deposition Transcript of Gary Frazier as Exhibit 2076. Patent
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`Owner met and conferred with Petitioner who does not oppose this motion to seal.
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`II. Exhibit 2075 Contains Confidential Information
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`Exhibit 2075 is the transcript of the March 29, 2016 deposition of Gary Frazier
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`(“Frazier Transcript”). This deposition contains specific confidential testimony that
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`is not publicly known or available and should remain confidential. This testimony
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`references confidential information of Exhibits that the Board has previously sealed,
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`each of which are not publicly known or available and should remain confidential.
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`The specific information includes confidential testimony relating to the following
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`confidential exhibits:
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`Frazier Transcript at 17:24 contains confidential testimony related to
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`the confidential provisions of Exhibit 2002 (Facebook-Summit 6 License and
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`Settlement Agreement). Exhibit 2002 is confidential and not publicly known
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`or available and has been sealed in this case. Accordingly, this excerpt
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`identified in Exhibit 2075 should remain sealed.
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`1
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`IPR2015-00806
`U.S. Pat. No. 7,765,482
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`Frazier Transcript at 18:2 contains confidential testimony related to the
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`confidential provisions of Exhibit 2001 (RIM-Summit 6 License and
`
`Settlement Agreement). Exhibit 2001 is confidential and not publicly known
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`or available and has been sealed in this case. Accordingly, this excerpt
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`identified in Exhibit 2075 should remain sealed.
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`
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`Frazier Transcript at 70:19, 25; 71:1, 11; 72:3, 7; 74:21, 25; 75:4, 8,
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`11–13, 24; 76:15, 17, 20, 21, 24; and 77:1, 5, 6, 23 contains 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). Exhibit 2033 is
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`confidential and not publicly known or available and has been sealed in this
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`case. Accordingly, this excerpt identified in Exhibit 2075 should remain
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`sealed.
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`III. Exhibit 2075 Contains Confidential Business Information
` and Should Be Sealed.
`
`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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`2
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`IPR2015-00806
`U.S. Pat. No. 7,765,482
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`
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`Inc. v. Cuozzo Speed Technologies, LLC, IPR2012-00001, Paper 34, p. 3 (March 14,
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`2013).
`
`Summit 6 has good cause for seeking permission to place the identified
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`excerpts of Exhibit 2075 under seal. As outlined above, portions of this exhibit
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`contain confidential and proprietary business information. This exhibit is also
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`subject to a clause governing its confidentiality. Each of the identified excerpts are
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`confidential and not available publically. Therefore, Summit 6 respectfully requests
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`permission to seal the identified selected confidential portions of Exhibit 2075.
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`IV. 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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`V. Conclusion
`Summit 6 respectfully requests that the Board grant this Motion to Seal
`because it has good cause to seal confidential Exhibit 2075.
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`
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` / /
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` /
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`3
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`IPR2015-00806
`U.S. Pat. No. 7,765,482
`
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`
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`Dated: April 6, 2016
`
`Respectfully submitted,
`
`
`
`
` /Peter J. Ayers/
`Peter J. Ayers, Reg. No. 38,374
`Email: peter@leehayes.com
`John Shumaker, No. 52,223
`Email: jshumaker@leehayes.com
`
`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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`4
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`IPR2015-00806
`U.S. Pat. No. 7,765,482
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`
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` I
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` hereby certify that on this 6th day of April, 2016, the PATENT OWNER’S
`UNOPPOSED MOTION TO SEAL THE DEPOSITION TRANSCRIPT OF
`GARY L. FRAZIER was served on lead and back-up counsel for Petitioner by
`sending the same by electronic means to the address provided by Petitioner:
`
`John Alemanni, Reg. No. 47,384
`Lead Counsel
`Kilpatrick Townsend & Stockton LLP
`1001 West Fourth Street
`Winston-Salem, NC 27101-2400
`JAlemanni@kilpatricktownsend.com
`
`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
`
`Brian K. Erickson, Reg. No. 48,895
`DLA Piper LLP(US)
`401 Congress Avenue, Ste. 2500
`Austin, TX 787011-3799
`Samsung_Summit-IPR@dlapiper.com
`
`James M. Heintz, Reg. No. 41,828
`DLA Piper LLP (US)
`11911 Freedom Drive, Ste. 300
`Reston, VA 20190
`Samsung_Summit-IPR@dlapiper.com
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`CERTIFICATE OF SERVICE
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`
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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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`5
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