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
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`Title: Web-Based Media Submission Tool
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`
`
`PATENT OWNER’S
`MOTION TO SEAL
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`____________________________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
`
`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
`MOTION TO SEAL
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`
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`
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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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`
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`Patent Owner Summit 6 requests permission to seal several exhibits under
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`37 C.F.R. § 42.14, as each exhibit contains confidential business information.
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`Specifically, Summit 6 requests permission to seal the following exhibits:
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`1.
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`Exhibit 2001: RIM–Summit 6 License and Settlement Agreement
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`(executed October 17, 2012);
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`2.
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`Exhibit 2002: Facebook–Summit 6 License and Settlement
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`Agreement;
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`3.
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`Exhibit 2020: Confidential Information Memorandum, “AdMission”
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`(Swiftsure Capital LLC, December 13, 2004);
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`4.
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`Exhibit 2021: Amendment No. 3 to the Visual Content Services
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`Agreement Between eBay and iPIX (June 27, 2003); and
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`5.
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`Exhibit 2033: Visual Content Services Agreement Between eBay and
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`iPIX (April 19, 2000);
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`II. Each Exhibit Contains Confidential Information
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`Exhibit 2001 is a confidential license agreement between Summit 6 and
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`Research in Motion Limited. Section 6.1 specifically notes the confidentiality of
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`the agreement and the terms of its disclosure. The agreement contains confidential
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`1
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`IPR2015-00806
`U.S. Pat. No. 7,765,482
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`business information about both Summit 6 and Research in Motion Limited. Thus,
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`this information is not publicly known, and should remain confidential.
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`Exhibit 2002 is a confidential license agreement between Summit 6 and
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`Facebook, Inc. Section 6.15 specifically notes the confidentiality of the agreement
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`and the terms of its disclosure. The agreement contains confidential business
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`information about both Summit 6 and Facebook, Inc. Thus, this information is not
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`publicly known, and should remain confidential.
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`
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`Exhibit 2020
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`is Swiftsure Capital LLC’s Confidential Information
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`Memorandum for AdMission. It is specifically marked “Confidential” and
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`contains proprietary business information about the AdMission company’s overall
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`business, financial
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`information,
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`intellectual property, and future business
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`opportunities. Thus, this information is not publicly known, and should remain
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`confidential.
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`
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`Exhibit 2021 is Amendment No. 3 to the Visual Content Services
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`Agreement Between eBay and iPIX, dated June 27, 2003. Section 8 of the parties’
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`original Visual Content Services Agreement (Exhibit 2033) specifically notes the
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`confidentiality of the agreement, and that provision governs Amendment No. 3.
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`The Amendment contains confidential business information about both iPIX and
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`2
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`IPR2015-00806
`U.S. Pat. No. 7,765,482
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`eBay. Thus, this information is not publicly known, and should remain
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`confidential.
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`
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`Exhibit 2033 is the Visual Content Services Agreement Between eBay and
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`iPIX, dated April 19, 2000. Section 8 specifically notes the confidentiality of the
`
`agreement and the terms of its disclosure. It is specifically marked “Confidential”
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`and contains proprietary business information about both iPIX and eBay. Thus,
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`this information is not publicly known, and should remain confidential.
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`III. Each Exhibit Contains Confidential Business Information
`and Should Be Sealed.
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`
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`A party to an inter partes review proceeding may, concurrently with any
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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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`Trial Practice Guide, 77 Fed. Reg. 48756, 48760 (Aug. 14, 2012). The Board will
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`grant a motion to seal for “good cause.” 37 C.F.R. § 42.54; Garmin Int’l, Inc. v.
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`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 outlined
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`exhibits under seal. As outlined above, each exhibit contains confidential and
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`proprietary business information. Each exhibit is also marked as “confidential” or
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`3
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`IPR2015-00806
`U.S. Pat. No. 7,765,482
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`contains a clause governing its confidentiality. Therefore, Summit 6 respectfully
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`requests permission to seal the selected exhibits.
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`IV. Proposed Protective Order
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`Summit 6 and Google Inc. have agreed to entry of the Standing Protective
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`Order found in Appendix B of the Trial Practice Guide.
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`V. Certification of Conference with Opposing Party
`Pursuant to 37 C.F.R. § 42.54.
`
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`A motion to seal requires a certification that the moving party has in good
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`faith conferred or attempted to confer with the opposing party in an effort to agree
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`as to the scope of the proposed protective order. 37 C.F.R. § 42.54; Garmin,
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`supra, at 3. Counsel for Summit 6 conferred with counsel for Google, Inc. and the
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`parties agreed to the use of the Standing Protective Order. In addition, Summit 6
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`and Google agreed that if either party is required to produce documents designated
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`as Attorney’s Eyes Only from the concurrent district court litigation or any other
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`source, the parties may jointly move to modify the Standing Protective Order and
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`include a designation with the corresponding level of confidentiality.
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`VI. Conclusion
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`Summit 6 respectfully requests that the Board grant this Motion to Seal
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`
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`because it has good cause to seal the confidential exhibits.
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`4
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`
` /Peter J. Ayers/
`Peter J. Ayers, Reg. No. 38,374
`Email: peter@leehayes.com
`Lead Counsel
`John M. Shumaker, Reg. No. 52,223
`Email: jshumaker@leehayes.com
`Brian Mangum, Reg. No. 64,224
`Email: brianm@leehayes.com
`Back-up Counsel
`LEE & HAYES, PLLC
`11501 Alterra Parkway, Suite 450
`Austin, TX 78758
`Phone: (512) 605-0252
`Facsimile: (512) 605-0252
`
`
`
` /Robert J. Carlson/
`Robert J. Carlson, No. 35,472
`Email: bob@leehayes.com
`Back-up Counsel
`LEE & HAYES, PLLC
`401 Pike Street
`Suite 1600
`Seattle, WA 98101
`Phone: (206) 876-6029
`Facsimile: (206) 876-6029
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`Attorneys for Patent Owner
`Summit 6 LLC
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`IPR2015-00806
`U.S. Pat. No. 7,765,482
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`Dated: June 15, 2015
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`IPR2015-00806
`U.S. Pat. No. 7,765,482
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`
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this 15th day of June, 2015, the foregoing PATENT
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`OWNER’S MOTION TO SEAL was served on lead and back-up counsel for
`Google Inc. by sending the same by electronic means to the addresses provided by
`the 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
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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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