Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`Paper 65
`Entered: October 3, 2016
`
`
`
`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 and GEORGIANNA W. BRADEN,
`Administrative Patent Judges.
`
`BRADEN, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Request to Preserve Record Pending Appeal
`37 C.F.R §§ 42.5
`
`
`1 Samsung Electronics Co., Ltd., who filed a Petition in IPR2016-00029, has
`been joined as a petitioner in the instant proceeding.
`
`
`Tel: 571-272-7822
`
`
`
`Paper 65
`Entered: October 3, 2016
`
`
`
`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 and GEORGIANNA W. BRADEN,
`Administrative Patent Judges.
`
`BRADEN, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Request to Preserve Record Pending Appeal
`37 C.F.R §§ 42.5
`
`
`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
`
`
`
`
`
`A conference call in the above proceeding was held on
`
`September 29, 2016 between John Shumaker for Patent Owner, Michael
`
`Morlock and John Alemanni for Petitioner, and Judges Braden and
`
`Blankenship. The call was initiated by Patent Owner to discuss limiting the
`
`public availability of proceeding documents pending an appeal.
`
`Specifically, during the call, Patent Owner requested that the entire docket in
`
`this proceeding be preserved pending an anticipated appeal, including
`
`preservation of all sealed documents in non-public form. Petitioner did not
`
`oppose Patent Owner’s request.
`
`During the course of this proceeding, we granted the parties’ motions
`
`to file certain documents under seal. See Papers 18, 44, 59. Those
`
`documents ordinarily would become public 45 days after final judgment.
`
`Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,761
`
`(Aug. 14, 2012). If a party wishes to preserve the confidentiality of
`
`documents filed under seal, the party may file a motion to expunge them
`
`from the record. 37 C.F.R. § 42.56. In the Final Written Decision in the
`
`above-listed case, we relied on information in at least one sealed document.
`
`Paper 63, 38–39.
`
`In our Order issued September 6, 2016 (Paper 64), we explained that
`
`any sealed documents relied upon in the Final Written Decision would be
`
`unsealed, unless the parties filed a motion to expunge the documents and
`
`replace it with a public version that only redacts confidential information not
`
`identified in the Final Written Decisions. Id. at 3–4. We understand Patent
`
`Owner’s position to be that it cannot move to expunge because the Court of
`
`Appeals for the Federal Circuit needs the entire record of this proceeding to
`
`evaluate Patent Owner’s appeal.
`
`
`
`2
`
`
`
`IPR2015-00806
`Patent 7,765,482 B2
`
`
`
`
`We agree with Patent Owner’s position. Therefore, it is appropriate to
`
`preserve the record until after the completion of all appeals. Within 45 days
`
`of the conclusion of all appeals, or, if no Notice of Appeal is filed, within
`
`45 days of the expiration of the period to file a Notice of Appeal, the parties
`
`shall file a motion to expunge any sealed documents relied upon in the Final
`
`Written Decision and replace it with a public version that only redacts
`
`confidential information not identified in the Final Written Decisions and to
`
`expunge any other sealed documents. If the parties do not file such a
`
`motion, the documents filed under seal in these proceedings will be
`
`unsealed.
`
`
`
`Further to our Order issued September 6, 2016, we required the
`
`parties to 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. During the
`
`conference call on September 29, 2016, we reiterated the requirement for the
`
`parties to file the Joint Stipulation. Both parties acknowledged the
`
`requirement and indicated they would file such a Joint Stipulation in a
`
`timely fashion.
`
`For the foregoing reasons, it is
`
`ORDERED that Patent Owner’s request to preserve the record
`
`pending appeal is granted;
`
`FURTHERED ORDERED that the record in these proceedings will
`
`be preserved and the documents filed under seal will not be expunged or
`
`made public until after the completion of all appeals, or, if no Notice of
`
`Appeal is filed, the expiration of the period to file a Notice of Appeal;
`
`
`
`3
`
`
`
`IPR2015-00806
`Patent 7,765,482 B2
`
`
`
`
`FURTHERED ORDERED that the documents filed under seal in
`
`these proceedings will be unsealed 45 days after the conclusion of all
`
`appeals, or, if no Notice of Appeal is filed, 45 days after the expiration of the
`
`period to file a Notice of Appeal, unless, before that time, the parties file a
`
`motion to expunge any document relied upon in the Final Written Decision
`
`(Paper 63) and replace it with a public version that only redacts confidential
`
`information not identified in the Final Written Decisions and to expunge any
`
`other sealed documents.
`
`FURTHER 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; and
`
`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.
`
`
`
`4
`
`
`
`
`
`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
`
`5
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