Case IPR2015-019701
`Patent No. 6,701,344 B1
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`Before the Honorable SALLY C. MEDLEY, LYNNE E. PETTIGREW, and
`WILLIAM M. FINK, Administrative Patent Judges.
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`PETITIONERS’ CONSOLIDATED MOTION TO FILE DOCUMENTS
`UNDER SEAL PURSUANT TO 37 C.F.R. §§ 42.14 & 42.54
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`1 Bungie, Inc., who filed a Petition in IPR2016-00933, has been joined as a
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`1
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`petitioner in this proceeding.
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`Case IPR2015-01970
`Patent No. 6,701,344 B1
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`ACTIVISION BLIZZARD, INC.,
`ELECTRONIC ARTS INC.,
`TAKE-TWO INTERACTIVE SOFTWARE, INC.,
`2K SPORTS, INC., ROCKSTAR GAMES, INC., and
`BUNGIE, INC.,
`Petitioners,
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`v.
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`ACCELERATION BAY, LLC,
`Patent Owner.
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`Patent No. 6,701,344 B1
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`Before the Honorable SALLY C. MEDLEY, LYNNE E. PETTIGREW, and
`WILLIAM M. FINK, Administrative Patent Judges.
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`PETITIONERS’ CONSOLIDATED MOTION TO FILE DOCUMENTS
`UNDER SEAL PURSUANT TO 37 C.F.R. §§ 42.14 & 42.54
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`1 Bungie, Inc., who filed a Petition in IPR2016-00933, has been joined as a
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`1
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`petitioner in this proceeding.
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`Case IPR2015-01970
`Patent No. 6,701,344 B1
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`ACTIVISION BLIZZARD, INC.,
`ELECTRONIC ARTS INC.,
`TAKE-TWO INTERACTIVE SOFTWARE, INC.,
`2K SPORTS, INC., ROCKSTAR GAMES, INC., and
`BUNGIE, INC.,
`Petitioners,
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`v.
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`ACCELERATION BAY, LLC,
`Patent Owner.
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`Case IPR2015-01970
`Patent No. 6,701,344 B1
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`Pursuant to 37 C.F.R. §§ 42.14 and 42.54, Petitioners Activision Blizzard,
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`Inc., Electronic Arts Inc., Take-Two Interactive Software, Inc., 2K Sports, Inc.,
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`Rockstar Games, Inc., and Bungie, Inc. (the “Petitioners”) respectfully submit this
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`Motion to Seal (“Motion”) portions of Petitioners’ Consolidated Reply to Patent
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`Owner’s Response (“Petitioners’ Reply”) and Exhibits 1024-1025 (“Karger
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`Declarations”), 1043 and 1048, which are being filed concurrently herewith.
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`Patent Owner Acceleration Bay, LLC (“PO”) has indicated that it is considering
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`Petitioners’ Motion and has requested copies of the materials Petitioners intend to
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`seal. Petitioners will file redacted versions of these documents after meeting and
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`conferring with Patent Owner.
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`I.
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`BACKGROUND
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`In this proceeding, PO served on Petitioners its Patent Owner Response
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`(Paper 30) and Exhibits 2022-2029, 2032-2033, 2047-2049, and 2083, which PO
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`filed under seal contemporaneously with its Motion for Entry of the Default
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`Protective Order and to Seal Patent Owner Response and Certain Exhibits Under
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`37 C.F.R. §§ 42.14 and 42.54 (Paper 34, “PO’s Motion to Seal”).2 As detailed in
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`2 PO also filed (under seal) a second Motion for Entry of Default Protective Order
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`and to Seal Certain Exhibits Under 37 C.F.R. §§ 42.14 and 42.54 (Paper 32) for
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`2
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`Petitioners’ Consolidated Opposition to PO’s Motion to Seal (Paper 39),
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`Case IPR2015-01970
`Patent No. 6,701,344 B1
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`Petitioners do not oppose entry of the Board’s Default Protective Order, but oppose
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`PO’s Motion to Seal to the extent PO seeks to seal the entirety of the documents
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`that are the subject of its Motion, rather than only those portions that are actually
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`shown to be confidential. The Board has not yet ruled on PO’s Motion to Seal, and
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`the documents are provisionally sealed pending the Board’s decision. 35 U.S.C. §
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`316(a)(1); 37 C.F.R. § 42.14.
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` Petitioners’ Reply and the Karger Declarations—which are being filed
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`concurrently with this Motion—cite to Patent Owner’s Response and Exhibits that
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`PO alleges contain “highly confidential information” regarding “licensing practices”
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`and/or “internal research and development efforts of a third party.” Paper 34 at 1-3.
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`In addition, Exhibit 1043 is a transcript of the deposition of Dr. Robert Abarbanel,
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`taken on September 26, 2016, during which Dr. Abarbanel was questioned
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`regarding PO’s Exhibit 2026, which PO alleges contains “highly confidential
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`information.” Id. at 2. Exhibit 1048 is a transcript of the deposition of Dr. David
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`Karger (Petitioner’s expert), taken on July 8, 2016, which PO filed under seal in
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`related proceedings alleging that it contains “highly confidential information.” See,
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`certain Exhibits to PO’s Contingent Motion to Amend. That motion—which is
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`also pending before the Board—is not relevant to the instant motion.
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`e.g., Exhibit 2034 in IPR2015-01951, -01953, -01972, -01996; IPR2015-01951,
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`Case IPR2015-01970
`Patent No. 6,701,344 B1
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`Paper 36 at 2. Accordingly, Petitioners move to file under seal the portions of
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`Petitioners’ Reply, the Karger Declarations (Exs. 1024-1025), and Exhibits 1043
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`and 1048 that cite to the purportedly “highly confidential information,” at least
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`until the Board rules on PO’s Motion to Seal. If the Board denies PO’s Motion to
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`Seal in whole or in part, Petitioners would adjust their request to seal portions of
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`Petitioners’ Reply, Karger Declarations, and Exhibits 1043 and 1048 accordingly.
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`Petitioners agree to be bound by the terms of the Board’s Default Protective Order,
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`which is attached hereto as Exhibit 10353.
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`II. GOOD CAUSE EXISTS FOR SEALING CERTAIN CONFIDENTIAL
`INFORMATION
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`Good cause for sealing portions of Petitioners’ Reply, the Karger
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`Declarations, and Exhibits 1043 and 1048 exists to the extent that the Board
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`determines that good cause exists for sealing the Exhibits that are the subject of
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`PO’s Motion to Seal.
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`III. CERTIFICATION OF CONFERENCE WITH OPPOSING PARTY
`PURSUANT TO 37 C.F.R. § 42.54
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`3 Exhibit 1035 is a copy of the Board’s Default Protective Order that was attached
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`to PO’s Motion to Seal as Exhibit A.
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`Case IPR2015-01970
`Patent No. 6,701,344 B1
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`Petitioners and PO previously conferred regarding PO’s Motion to Seal, and
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`Petitioners did not oppose PO’s request for entry of the Default Protective Order.
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`See Paper 34 at 5-6. In addition, pursuant to 37 C.F.R. §42.54(a), Petitioners
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`hereby certify that they have conferred with PO in good faith. As indicated above,
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`PO has requested copies of the materials Petitioners intend to seal. Petitioners will
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`file redacted versions of these documents after meeting and conferring with PO.
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`Michael T. Rosato
`Andrew S. Brown
`WILSON SONSINI GOODRICH
`& ROSATI
`701 Fifth Avenue, Suite 5100
`Seattle, WA 98104-7036
`mrosato@wsgr.com
`asbrown@wsgr.com
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`Counsel for Petitioner Bungie, Inc.
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`Dated: October 14, 2016
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`By: /J. Steven Baughman/
`J. Steven Baughman (lead counsel)
`Reg. No. 47,414
`Ropes & Gray LLP
`2099 Pennsylvania Ave., NW
`Washington D.C. 20006-6807
`P: 202-508-4606 / F: 202-383-8371
`steven.baughman@ropesgray.com
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`Andrew Thomases (backup counsel)
`Reg. No. 40,841
`ROPES & GRAY LLP
`1900 University Ave., 6th Floor
`East Palo Alto, CA 94303
`P: 650-617-4712 / F: 650-566-4275
`andrew.thomases@ropesgray.com
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`James L. Davis, Jr. (backup counsel)
`Reg. No. 57,325
`Ropes & Gray LLP
`1900 University Avenue, 6th Floor
`East Palo Alto, CA 94303-2284
`P: 650-617-4794/F: 650-566-4147
`james.l.davis@ropesgray.com
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`Case IPR2015-01970
`Patent No. 6,701,344 B1
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`Counsel for Petitioners Activision
`Blizzard, Inc., Electronic Arts Inc.,
`Take-Two Interactive Software, Inc.,
`2K Sports,
`Inc., and Rockstar
`Games, Inc.
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`Case IPR2015-01970
`Patent No. 6,701,344 B1
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that a copy of the foregoing PETITIONERS’
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`CONSOLIDATED MOTION TO FILE DOCUMENTS UNDER SEAL
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`PURSUANT TO 37 C.F.R. §§ 42.14 & 42.54 was served on October 14, 2016 in
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`its entirety by causing the aforementioned document to be electronically mailed,
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`pursuant to the parties’ agreement, to the following attorneys of record:
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`James Hannah
`Reg. No. 56,369
`Kramer Levin Naftalis & Frankel LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Phone: 650-752-1712
`Fax: 650-752-1812
`jhannah@kramerlevin.com
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`Michael Lee
`Reg. No. 63,941
`Kramer Levin Naftalis & Frankel LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Phone: 650-752-1716
`Fax: 650-752-1812
`mhlee@kramerlevin.com
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`Shannon Hedvat
`Reg. No. 68,417
`Kramer Levin Naftalis & Frankel LLP
`1177 Avenue of the Americas
`New York, NY 10036
`Phone: 212-715-9185
`Fax: 212-715-8000
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`Case IPR2015-01970
`Patent No. 6,701,344 B1
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`shedvat@kramerlevin.com
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`Jeffrey Price
`Reg. No. 69,141
`Kramer Levin Naftalis & Frankel LLP
`1177 Avenue of the Americas
`New York, NY 10036
`Phone: 212-715-7502
`Fax: 212-715-8000
`jprice@kramerlevin.com
`svdocketing@kramerlevin.com
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`Counsel for Patent Owner Acceleration Bay
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`October 14, 2016
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`ROPES & GRAY LLP
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`/s/Ginny Blundell
`Ginny Blundell
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`Dated:
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`8
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