`571.272.7822
`
`
`Paper No. 18
`
` Filed: July 28, 2015
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE INC.,
`Petitioner,
`
`v.
`
`SUMMIT 6 LLC,
`Patent Owner.
`____________
`
`Case IPR2015-00806
`Patent 7,765,482 B2
`____________
`
`
`
`Before HOWARD B. BLANKENSHIP, GEORGIANNA W. BRADEN, and
`KERRY BEGLEY, Administrative Patent Judges.
`
`BEGLEY, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Patent Owner’s Motion to Seal
`37 C.F.R. §§ 42.14, 42.54
`
`
`On June 15, 2015, Patent Owner Summit 6 LLC (“Patent Owner”) filed a
`
`Motion to Seal with its Preliminary Response. Paper 13 (“Mot.”). The Motion to
`Seal requests permission to seal five exhibits relied upon in the Preliminary
`Response, namely Exhibits 2001, 2002, 2020, 2021, and 2033. Mot. 1.
`
`
`
`IPR2015-00806
`Patent 7,765,482 B2
`
`Patent Owner represents that Exhibits 2001, 2002, 2020, 2021, and 2033
`
`contain confidential business information that is not publicly known. Id. at 1–4.
`Specifically, Patent Owner explains that each of Exhibits 2001, 2002, 2021, and
`2033 is an agreement between Patent Owner or one of its predecessors, Internet
`Pictures Corporation (“iPIX”), and a third party. See id.; Prelim. Resp. 45, 47;
`Ex. 2033, 1. Each of these agreements includes an explicit confidentiality
`clause. See Mot. 1–4; Ex. 2001 § 6.1; Ex. 2002 § 6.15; Ex. 2033 § 8; Ex. 2021, 1
`(explaining that agreement is an amendment of Exhibit 2033). In addition,
`Exhibit 2020 is a “Confidential Information Memorandum” regarding AdMission,
`a division of iPIX, that features an express confidentiality statement on its front
`page. Ex. 2020, 1–2. Patent Owner represents that this memorandum contains
`“proprietary business information about the AdMission company’s overall
`business, financial information, intellectual property, and future business
`opportunities.” Mot. 2.
`Having considered the Motion to Seal and the relevant exhibits, we
`determine that Patent Owner has shown that Exhibits 2001, 2002, 2020, 2021, and
`2033 contain confidential information and has established “good cause” to seal
`these exhibits, as required under 37 C.F.R. § 42.54(a). Accordingly, the Motion to
`Seal is granted.
`Concurrent with the motion, Patent Owner filed a copy of the Board’s
`default Protective Order set forth in Appendix B to the Office Patent Trial Practice
`Guide. Paper 15. Patent Owner states that Petitioner Google Inc. and Patent
`Owner have “agreed to the use” of this default Protective Order. Mot. 4. Pursuant
`to the parties’ agreement, we enter the default Protective Order (Paper 15) in this
`case. This Protective Order shall apply to confidential information filed under seal
`in this case.
`
` 2
`
`
`
`
`
`
`
`IPR2015-00806
`Patent 7,765,482 B2
`
`
`The parties are reminded that documents filed in this case will be made
`publicly available, unless a party files a motion to seal that is granted by the Board.
`See Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,760 (Aug. 14,
`2012); 37 C.F.R. § 42.14. The parties also are reminded that there is a
`presumption that confidential information relied upon in a decision denying
`institution of inter partes review or a final written decision of the Board shall
`become public. See Office Patent Trial Practice Guide, 77 Fed. Reg. at 48,761. A
`party may file a motion to expunge the confidential information before it becomes
`public, yet such a motion may not necessarily prevail over the public interest in
`maintaining a complete and understandable file history. Id.; 37 C.F.R. § 42.56.
`Before placing confidential information in the record in this case, each party shall
`accept the risk that the information may become public.
`
`ORDER
`
`Accordingly, it is:
`ORDERED that Patent Owner’s Motion to Seal Exhibits 2001, 2002, 2020,
`2021, and 2033 (Paper 13) is granted; and
`FURTHER ORDERED that the Standing Protective Order (Paper 15) shall
`apply to confidential information filed under seal in this case.
`
`
`
`
`
` 3
`
`
`
`
`
`
`
`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 Ayers
`John Shumaker
`Brian Mangum
`Lee & Hayes, PLLC
`peter@leehayes.com
`jshumaker@leehayes.com
`brianm@leehayes.com
`
` 4
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