Paper 64
`Entered: September 6, 2016
`
`
`
`Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE INC.,
`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.
`
`
`ORDER
`Public Availability of Proceeding Documents
`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: September 6, 2016
`
`
`
`Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE INC.,
`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.
`
`
`ORDER
`Public Availability of Proceeding Documents
`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
`
`The Parties have filed several Motions to Seal certain papers and
`exhibits during the course of this proceeding. See Papers 13, 29, 30, 37, 40,
`47. One Motion to Seal certain papers and exhibits was granted. See Paper
`18. Multiple Motions to Seal have been conditionally granted as to certain
`papers and exhibits. See Papers 44, 59. Thereafter, on September 6, 2016,
`the Board entered a Final Written Decision in which we refer to and rely on
`material in certain conditionally sealed papers and exhibits. Paper 63, 33-
`34.
`
`Given the number of papers and exhibits that have been conditionally
`sealed, Patent Owner and Petitioner shall file a Joint Stipulation that
`identifies with particularity the exact portions (by page or paragraph
`number) of all sealed papers and exhibits that are cited in the Final Written
`Decision by October 7, 2016. The Joint Stipulation shall include a Counsel
`Certification attesting to the accuracy and completeness of the Joint
`Stipulation, including a statement verifying that the exact portion of each
`paper and exhibit cited in the Final Written Decision is identified (by page or
`paragraph number) in the Joint Stipulation.
`In the Orders conditionally granting the Motions to Seal, we
`specifically provided the parties advance notice that the unredacted “exhibit .
`. . . w[ould] be kept under seal unless and until the Board refers to material
`in the exhibit in a final written decision.” See Paper 44, 4; Paper 59, 5.
`Furthermore, the Rules of Practice for Trial Before the Patent Trial and
`Appeal Board (“Rules of Practice”) provide that:
`Confidential information that is subject to a protective order
`ordinarily will become public 45 days after denial of a petition
`
`
`
`2
`
`
`
`IPR2015-00806
`Patent 7,765,482 B2
`
`
`
`
`to institute a trial or 45 days after final judgment in a trial.
`There is an expectation that information will be made public
`where the existence of the information is referred to in a
`decision to grant or deny a request to institute a review or is
`identified in a final written decision following a trial. A party
`seeking to maintain the confidentiality of information, however,
`may file a motion to expunge the information from the record
`prior to the information becoming public.
`
`
`77 Fed. Reg. No. 157, Part V at Section I.E.6. (Aug. 14, 2012) (emphasis
`added). There is a presumption, therefore, that any confidential information
`cited in the Final Written Decision, entered September 6, 2016, shall become
`public on October 24, 2016.
`A strong public interest favors maintaining a complete and
`understandable record of the patent history, including the factual basis for
`the Board’s findings and the intelligibility of the Final Written Decision. By
`placing confidential information before the Board, either through its Papers
`or through one of its Declarants, the parties accepted the risk that the
`information would become public if relied upon in the Final Written
`Decision. See Rules of Practice, 77 Fed. Reg. No. 157, Part V at Section
`I.E.6. (Aug. 14, 2012) (“There is an expectation that information will be
`made public where the existence of the information . . . is identified in a
`final written decision following a trial.”).
`Accordingly, all papers and exhibits identified in the Joint Stipulation
`shall be unsealed and made publicly available on October 24, 2016, unless a
`revised public version of the paper or exhibit, conforming to the following
`requirements, is filed by October 14, 2016 (that is, ten days prior to the date
`set for unsealing). Specifically, a party may prevent the unsealing of a paper
`or exhibit, by filing, no later than October 14, 2016, a revised public version
`
`
`
`3
`
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`IPR2015-00806
`Patent 7,765,482 B2
`
`of the paper or exhibit, in which each line, page, and/or paragraph cited in
`the Final Written Decision is left unredacted. Material not cited in the Final
`Written Decision may be redacted in the revised public version.
`Any request for reconsideration of this Order shall be filed no later
`than September 30, 2016.
`No other briefing is authorized at this time.
`Should the parties require assistance in complying with this Order, the
`Board is available for a teleconference during the week of September 26,
`2016. Counsel may initiate a request for a teleconference by sending an
`email to Trials@USPTO.gov.
`
`
`For the foregoing reasons, it is
`ORDERED that by October 7, 2016, Patent Owner and Petitioner
`shall file a Joint Stipulation of Papers and Exhibits as described in this
`Order, which identifies with particularity the exact portions (by line, page,
`and/or paragraph number) of all sealed papers and exhibits that are cited in
`the Final Written Decision;
`FURTHER ORDERED that the Joint Stipulation shall include a
`Counsel Certification attesting to the accuracy and completeness of the Joint
`Stipulation, including a statement verifying that the exact portion of each
`paper and exhibit cited in the Final Written Decision is identified (by line,
`page, and/or paragraph number) in the Joint Stipulation;
`FURTHER ORDERED that all papers and exhibits identified in the
`Joint Stipulation shall be unsealed and made publicly available on October
`24, 2016, unless a revised public version of the paper or exhibit, conforming
`to the requirements of this Order, is filed by October 14, 2016;
`
`
`
`4
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`IPR2015-00806
`Patent 7,765,482 B2
`
`
`
`
`FURTHER ORDERED that a party may prevent the unsealing of any
`paper or exhibit identified in the Joint Stipulation by filing, no later than
`October 14, 2016, a revised public version of the paper or exhibit in which
`each line, page, and/or paragraph cited in the Final Written Decision is left
`unredacted; and
`FURTHER ORDERED that any request for reconsideration of this
`Order shall be filed no later than September 30, 2016.
`
`
`
`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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