Paper 59
`Entered: April 15, 2016
`
`
`
`Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE INC. and SAMSUNG ELECTRONICS CO., LTD.,
`Petitioner,
`
`v.
`
`SUMMIT 6 LLC,
`Patent Owner.
`____________
`
`Case IPR2015-008061
`Patent 7,765,482 B2
`
`
`
`
`
`Before HOWARD B. BLANKENSHIP, GEORGIANNA W. BRADEN, and
`KERRY BEGLEY, Administrative Patent Judges.
`
`BRADEN, Administrative Patent Judge.
`
`
`
`DECISION
`Patent Owner’s Motion to Seal
`37 C.F.R §§ 42.14 and 42.54
`
`
`1 Samsung Electronics Co., Ltd., who filed a Petition in IPR2016-00029,
`has been joined as a petitioner in the instant proceeding.
`
`
`Entered: April 15, 2016
`
`
`
`Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE INC. and SAMSUNG ELECTRONICS CO., LTD.,
`Petitioner,
`
`v.
`
`SUMMIT 6 LLC,
`Patent Owner.
`____________
`
`Case IPR2015-008061
`Patent 7,765,482 B2
`
`
`
`
`
`Before HOWARD B. BLANKENSHIP, GEORGIANNA W. BRADEN, and
`KERRY BEGLEY, Administrative Patent Judges.
`
`BRADEN, Administrative Patent Judge.
`
`
`
`DECISION
`Patent Owner’s Motion to Seal
`37 C.F.R §§ 42.14 and 42.54
`
`
`1 Samsung Electronics Co., Ltd., who filed a Petition in IPR2016-00029,
`has been joined as a petitioner in the instant proceeding.
`
`
`
`IPR2015-00806
`Patent 7,765,482 B2
`
`
`
`
`INTRODUCTION
`
`Patent Owner filed a Supplement to its Motion to Seal (Paper 29).
`Paper 47. In its Supplement, Patent Owner requests that the Board seal the
`deposition transcript of Sarah Pate (Exhibit 1019) and portions of
`Petitioner’s Corrected Reply (Paper 42).2 Patent Owner further seeks to
`unseal Exhibits 1016, 1018, and 2050, which had been the subject of its
`Motion to Seal (Paper 29). Petitioner did not file an Opposition to Patent
`Owner’s Supplement to its Motion to Seal. For reasons discussed below,
`Patent Owner’s Supplement to its Motion to Seal is conditionally granted as
`to Exhibit 1019 and Paper 42 and is granted as to Exhibits 1016, 1018,
`and 2050.
`Patent Owner also filed a Motion to Seal Exhibit 2075. Paper 54.
`Petitioner did not file an Opposition to Patent Owner’s Motion to Seal
`Exhibit 2075. For reasons discussed below, Patent Owner’s Motion to Seal
`Exhibit 2075 is conditionally granted.
`DISCUSSION
`There is a strong public policy in favor of making information filed in
`an inter partes review open to the public, especially because the proceeding
`determines the patentability of claims in an issued patent and, therefore,
`affects the rights of the public. Under 35 U.S.C. § 316(a)(1) and 37 C.F.R.
`§ 42.14, the default rule is that all papers filed in an inter partes review are
`
`
`2 An initial version of the publicly available, redacted Corrected Petitioner’s
`Reply to Patent Owner’s Response is found at Paper 41. Petitioner later
`filed another publicly available, redacted Corrected Petitioner’s Reply to
`Patent Owner’s Response as Paper 46. This Order is directed to the non-
`public, unredacted version Petitioner’s Reply to Patent Owner’s Response
`found at Paper 42.
`
`
`
`2
`
`
`
`
`
`IPR2015-00806
`Patent 7,765,482 B2
`
`open and available for access by the public; a party, however, may file a
`concurrent motion to seal and the information at issue is sealed pending the
`outcome of the motion. It is, however, only “confidential information” that
`is protected from disclosure. 35 U.S.C. § 316(a)(7). In that regard, the
`Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,760
`(Aug. 14, 2012) provides:
`The rules aim to strike a balance between the public’s
`interest in maintaining a complete and understandable file
`history and the parties’ interest in protecting truly sensitive
`information.
`. . .
`Confidential Information: 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. § 42.54.
`
`The standard for granting a motion to seal is “for good cause.”
`37 C.F.R. § 42.54(a). In Patent Owner’s Supplement to its Motion to Seal
`and its Motion to Seal Exhibit 2075, Patent Owner bears the burden of proof
`in showing entitlement to the requested relief. 37 C.F.R. § 42.20(c). The
`Board needs to know why the information sought to be sealed constitutes
`confidential information.
`In Patent Owner’s Supplement to its Motion to Seal, Patent Owner
`moves to seal Exhibit 1019 because the exhibit “contains specific
`confidential testimony” that “is not publicly known or available and should
`remain confidential.” Paper 47, 1. Patent Owner explains that portions of
`Exhibit 1019 relate to confidential provisions of Exhibits 2020, 2021, and
`2033, all of which have been sealed in this proceeding. Id. at 2–3; see also
`Paper 18 (order sealing certain exhibits). Patent Owner has filed a public,
`
`
`
`3
`
`
`
`
`
`IPR2015-00806
`Patent 7,765,482 B2
`
`redacted version of Exhibit 1019, and states that the redactions “include only
`the portions of confidential Exhibit 1019 that constitute[] confidential
`information under the Office Patent Trial Practice Guide and such
`confidential information has not been made available publically.”
`Paper 47, 3.
`Patent Owner also moves to seal portions of Paper 42, which is
`Petitioner’s Corrected Reply. Id. According to Patent Owner, page 19, lines
`14–17, 20 and page 20, lines 1–3 contain confidential information related to
`the confidential provisions of sealed Exhibit 2021. Id. A publicly available,
`redacted version of Petitioner’s Corrected Reply has been filed as Paper 46.
`In Patent Owner’s Motion to Seal Exhibit 2075, Patent Owner moves
`to seal portions of the deposition transcript of Gary Frazier. Paper 54.
`According to Patent Owner, there is good cause to seal Exhibit 2075 because
`the exhibit “contains specific confidential testimony” that “is not publicly
`known or available and should remain confidential.” Id. at 1. Patent Owner
`explains that portions of Exhibit 2075 relate to confidential provisions of
`Exhibits 2001, 2002, and 2033, all of which have been sealed in this
`proceeding. Id. at 1–2; see also Paper 18 (order sealing certain exhibits).
`Patent Owner has filed a public, redacted version of Exhibit 2075.
`Paper 54, 1.
`As discussed previously, there is a strong public policy for making all
`information filed in an inter partes review open to the public. Upon review
`of Exhibit 1019, Exhibit 2075, and Paper 42, and the stated confidentiality of
`the redacted portions of the documents by Patent Owner, the Board
`conditionally grants both Patent Owner’s Supplement to its Motion to Seal
`(Paper 47) and Patent Owner’s Motion to Seal Exhibit 2075 (Paper 54) for
`
`
`
`4
`
`
`
`
`
`IPR2015-00806
`Patent 7,765,482 B2
`
`the duration of this proceeding. If the Board’s final written decision
`substantively relies on the redacted information in the sealed exhibits or
`paper, that redacted information will be unsealed by an Order of the Board;
`and if the redacted portion of the exhibits or paper contains no information
`substantively relied on by the Board in the final written decision, then the
`unredacted sealed versions of the exhibits or paper may be expunged from
`the record by an Order of the Board.
`
`
`CONCLUSION
`For the foregoing reasons, Patent Owner’s Supplement to its Motion
`to Seal (Paper 47) and Patent Owner’s Motion to Seal Exhibit 2075
`(Paper 54) are conditionally granted. It is
`ORDERED that with respect to Exhibit 1019 and Paper 42, Patent
`Owner’s Supplement to its Motion to Seal (Paper 47) is conditionally
`granted and the unredacted exhibit and unredacted paper will be kept under
`seal unless and until the Board refers to redacted material in the exhibit or
`paper in a final written decision;
`FURTHER ORDERED that with respect to Exhibit 2075, Patent
`Owner’s Motion to Seal (Paper 54) is conditionally granted and the
`unredacted exhibit and unredacted paper will be kept under seal unless and
`until the Board refers to redacted material in the exhibit in a final written
`decision; and
`FURTHER ORDERED that Exhibits 1016, 1018, and 2050 will be
`unsealed and made available to the public
`
`
`
`5
`
`
`
`
`
`IPR2015-00806
`Patent 7,765,482 B2
`
`
`PETITIONER:
`
`John Alemanni
`Michael Morlock
`KILPATRICK TOWNSEND & STOCKTON LLP
`jalemanni@kilpatricktownsend.com
`MMorlock@kilpatricktownsend.com
`
`
`
`
`
`PATENT OWNER:
`
`Peter J. Ayers
`John Shumaker
`Brian Mangum
`Robert Carlson
`LEE & HAYES, PLLC
`peter@leehayes.com
`jshumaker@leehayes.com
`brianm@leehayes.com
`bob@leehayes.com
`
`
`
`
`
`
`
`
`
`6
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