`____________________________________________________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
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`GOOGLE INC.
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`Petitioner
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`v.
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`SUMMIT 6 LLC
`Patent Owner
`____________________
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`CASE: IPR2015-00807
`Patent No. 8,612,515
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`Title: Web-Based Media Submission Tool
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`PATENT OWNER’S MOTION TO SEAL
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`I.
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`Introduction
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`IPR2015-00807
`U.S. Pat. No. 8,612,515
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`Patent Owner Summit 6 requests permission to seal several exhibits under 37
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`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 2047: Summit 6-LG Electronics, Inc. License and Settlement
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`Agreement;
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`2.
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`Exhibit 2050: Declaration of Scott Lewis
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`II. Each Exhibit Contains Confidential Information
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`Exhibit 2047 is a confidential license agreement between Summit 6 and LG
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`Electronics, Inc. Section 6.1 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 LG Electronics, Inc. Thus, this information
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`is not publicly known, and should remain confidential.
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`Exhibit 2050 is a Declaration of Scott Lewis. In Mr. Lewis’ Declaration, he
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`specifically references confidential and proprietary information about Summit 6 and
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`its predecessors’ business and financial information. Mr. Lewis also discusses
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`confidential communications and information regarding a third party not involved
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`in this case, eBay, Inc. Thus, this information is not publicly known, and should
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`remain confidential.
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`1
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`IPR2015-00807
`U.S. Pat. No. 8,612,515
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`III. Each Exhibit Contains Confidential Business Information
`and Should Be Sealed.
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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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`only grant a motion to seal for “good cause.” 37 C.F.R. § 42.54; Garmin Int’l, Inc.
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`v. Cuozzo Speed Technologies, LLC, IPR2012-00001, Paper 34, p. 3 (March 14,
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`2013).
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`Summit 6 has good cause for seeking permission to place the outlined exhibits
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`under seal. As outlined above, each exhibit contains confidential and proprietary
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`business information. Each exhibit is also marked as “confidential” or contains a
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`clause governing its confidentiality. Therefore, Summit 6 respectfully requests
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`permission to seal the selected exhibits.
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`IV. Standing Protective Order
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`The protective order found in Appendix B of the Trial Practice Guide has
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`already been issued in Paper 14 and all parties have also filed Standard
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`Acknowledgments for Access to Protective Order Material. (See Papers 13-16.)
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`IPR2015-00807
`U.S. Pat. No. 8,612,515
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`V. Conclusion
`Summit 6 respectfully requests that the Board grant this Motion to Seal
`because it has good cause to seal the confidential exhibits.
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`
`
` /Peter J. Ayers/
`Peter J. Ayers, Reg. No. 38,374
`Email: peter@leehayes.com
`John Shumaker, No. 52,223
`Email: jshumaker@leehayes.com
`Brian Mangum, Reg. No. 64,224
`Email: brianm@leehayes.com
`LEE & HAYES, PLLC
`11501 Alterra Parkway, Suite 450
`Austin, TX 78758
`Phone: (512) 605-0252
`Facsimile: (512) 605-0252
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`Attorneys for Patent Owner
`Summit 6 LLC
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`Dated: December 9, 2015,
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`3
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`IPR2015-00807
`U.S. Pat. No. 8,612,515
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this 9th day of December, 2015, the foregoing Patent
`Owner’s Motion to Seal was served on lead and back-up counsel for Petitioner by
`sending the same by electronic means to the address provided by Petitioner:
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`
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`John Alemanni, Reg. No. 47,384
`Lead Counsel
`Kilpatrick Townsend & Stockton LLP
`1001 West Fourth Street
`Winston-Salem, NC 27101-2400
`JAlemanni@kilpatricktownsend.com
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`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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`4
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