`Trials@uspto.gov
`571-272-7822 Entered: March 29, 2017
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ACTIVISION BLIZZARD, INC.,
`ELECTRONIC ARTS INC.,
`TAKE-TWO INTERACTIVE SOFTWARE, INC.,
`2K SPORTS, INC., ROCKSTAR GAMES, INC., and
`BUNGIE, INC.,
`Petitioner,
`
`v.
`
`ACCELERATION BAY, LLC,
`Patent Owner.
`____________
`
`Case IPR2015-019641
`Patent 6,829,634 B1
`____________
`
`
`
`
`
`Before SALLY C. MEDLEY, LYNNE E. PETTIGREW, and
`WILLIAM M. FINK, Administrative Patent Judges.
`
`PETTIGREW, Administrative Patent Judge.
`
`ORDER
`Granting Motions to Seal
`37 C.F.R. §§ 42.14, 42.54
`
`
`1 Bungie, Inc., who filed a Petition in IPR2016-00963, has been joined as a
`petitioner in this proceeding.
`
`
`
`IPR2015-01964
`Patent 6,829,634 B1
`
`During this proceeding, the parties filed various Motions to Seal and
`Motions for Entry of the Default Protective Order. In an Order dated
`December 12, 2016, we denied without prejudice the motions that were filed
`prior to that date. Paper 100, 5–6. Pursuant to that Order, Patent Owner
`filed a single Motion for Entry of the Proposed Stipulated Protective Order
`and to Seal Certain Exhibits Under 37 C.F.R. §§ 42.24 and 42.54. Paper 104
`(“PO Mot.”). Patent Owner also filed redacted, non-confidential versions of
`the papers and exhibits that are the subject of its Motion, except those it
`seeks to seal in their entirety. See id. at 1 n.2. In addition, Patent Owner
`filed a Proposed Stipulated Protective Order. See Ex. 2118. Petitioner then
`filed a Motion to File Documents Under Seal Pursuant to 37 C.F.R. §§ 42.14
`& 42.54, along with redacted, non-confidential versions of the paper and
`exhibits that are the subject of its Motion. Paper 106 (“Pet. Mot.”).
`
`Motions to Seal
`In its unopposed Motion, Patent Owner seeks to seal portions of its
`Patent Owner Response (Paper 33) and its Opposition to Petitioner’s Motion
`to Exclude (Paper 84). PO Mot. 1–2, 7. Patent Owner represents that these
`papers contain “highly confidential information regarding internal research
`and development efforts of a third party, including internal project
`codenames which the third party has deemed confidential.” Id. Patent
`Owner has filed redacted versions of these two papers. See Paper 102
`(Patent Owner’s Response), Paper 103 (Opposition to Petitioner’s Motion to
`Exclude).
`Patent Owner also moves to seal portions of Exhibits 2022–29, 2085,
`2098, and 2106, as well as Exhibits 2048 and 2049 in their entirety. PO
`Mot. 2–7. Patent Owner represents that these Exhibits contain either “highly
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`IPR2015-01964
`Patent 6,829,634 B1
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`confidential information regarding internal research and development efforts
`of a third party, including internal project codenames which the third party
`has deemed confidential,” or “highly confidential information regarding
`licensing practices of a third party, including names and licensing terms
`which the third party has deemed confidential information.” Id. Patent
`Owner has filed redacted versions of Exhibits 2022–29, 2085, 2098, and
`2106.
`
`In its unopposed Motion, Petitioner seeks to seal portions of its Reply
`to Patent Owner’s Response (Paper 57) and Exhibits 1024, 1025, and 1043
`because they cite to papers and exhibits that PO alleges contain “highly
`confidential information.” Pet. Mot. 2. Petitioner has filed a redacted
`version of its Reply. See Paper 107. Petitioner also has filed redacted
`versions of Exhibits 1024, 1025, and 1043.
`There is a strong public policy that favors making information filed in
`an inter partes review open to the public. Garmin Int’l, Inc. v. Cuozzo
`Speed Techs. LLC, Case IPR2012-00001, slip op. at 1–2 (PTAB Mar. 14,
`2013) (Paper 34). The standard for granting a motion to seal is good cause.
`37 C.F.R. § 42.54. That standard includes showing that the information
`addressed in the motion to seal is truly confidential, and that such
`confidentiality outweighs the strong public interest in having the record open
`to the public. See Garmin, slip op. at 2–3.
`We have considered the arguments presented by the parties and
`determine that good cause has been established for sealing the documents
`identified in the parties’ Motions. See PO Mot. 7–9; Pet. Mot. 3.
`Specifically, the parties demonstrate that the information sought to be sealed
`contains confidential information regarding research and development
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`IPR2015-01964
`Patent 6,829,634 B1
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`efforts and licensing practices of a third party. Furthermore, we do not cite
`or discuss in any detail any of the confidential information identified by the
`parties.
`Accordingly, we grant the parties’ Motions, including Patent Owner’s
`unopposed request for entry of the Proposed Stipulated Protective Order
`(Ex. 2118), which is the Board’s default protective order provided in the
`Office Patent Trial Practice Guide. See 77 Fed. Reg. 48,756, 48,769–71
`(Aug. 24, 2012) (Exhibit B). The record will be preserved in its entirety,
`and the confidential documents will not be expunged or made public,
`pending the outcome of any appeal taken from the Final Written Decision.
`At the conclusion of any appeal, or, if no appeal is taken, after the time for
`filing a notice appeal has expired, the documents may be made public. See
`id. at 48,761. At that time, either party may file a motion to expunge sealed
`documents from the record pursuant to 37 C.F.R. § 42.56.
`
`ORDER
`
`Accordingly, it is:
`
`ORDERED that Patent Owner’s Motion for Entry of the Proposed
`
`Stipulated Protective Order and to Seal Certain Exhibits (Paper 104) is
`granted; and
`
`FURTHER ORDERED that Petitioner’s Motion to File Documents
`Under Seal (Paper 106) is granted.
`
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`IPR2015-01964
`Patent 6,829,634 B1
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`FOR PETITIONER:
`Andrew N. Thomases
`James L. Davis
`Matthew R. Shapiro
`Daniel W. Richards
`ROPES & GRAY LLP
`andrew.thomases@ropesgray.com
`james.l.davis@ropesgray.com
`matthew.shapiro@ropesgray.com
`
`Mike Tomasulo
`Michael M. Murray
`Andrew R. Sommer
`WINSTON & STRAWN
`mtomasulo@winston.com
`mmurray@winston.com
`asommer@winston.com
`
`Michael T. Rosato
`Andrew S. Brown
`Jose C. Villarreal
`WILSON SONSINI GOODRICH & ROSATI
`mrosato@wsgr@com
`asbrown@wsgr.com
`jvillarreal@wsgr.com
`
`FOR PATENT OWNER:
`James Hannah
`Michael Lee
`Shannon Hedvat
`Paul J. Andre
`Jeffrey H. Price
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`jhannah@kramerlevin.com
`mhlee@kramerlevin.com
`shedvat@kramerlevin.com
`pandre@kramerlevin.com
`jprice@kramerlevin.com
`
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