throbber
Case IPR2015-019721
`Patent No. 6,701,344 B1
`
`
`
`
`
`
`
`
`
`
`Before the Honorable SALLY C. MEDLEY, LYNNE E. PETTIGREW, and
`WILLIAM M. FINK, Administrative Patent Judges.
`
`
`PETITIONERS’ CONSOLIDATED MOTION TO FILE DOCUMENTS
`UNDER SEAL PURSUANT TO 37 C.F.R. §§ 42.14 & 42.54
`
`
`
`
`
`
`1 Bungie, Inc., who filed a Petition in IPR2016-00934, has been joined as a
`
`1
`
`petitioner in this proceeding.
`
`
`
`
`
`
`Case IPR2015-01972
`Patent No. 6,701,344 B1
`
`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.,
`Petitioners,
`
`v.
`
`ACCELERATION BAY, LLC,
`Patent Owner.
`
`
`
`
`
`
`
`
`
`
`
`

`
`
`
`
`
`
`
`
`Case IPR2015-01972
`Patent No. 6,701,344 B1
`
`Pursuant to 37 C.F.R. §§ 42.14 and 42.54 and the Board’s December 12,
`
`2016 Order (Pap. 101), Petitioners Activision Blizzard, Inc., Electronic Arts Inc.,
`
`Take-Two Interactive Software, Inc., 2K Sports, Inc., Rockstar Games, Inc., and
`
`Bungie, Inc. (the “Petitioners”) respectfully move to seal portions of Exhibits
`
`1124-1125 (collectively, Petitioners’ “Subject Exhibits”), non-confidential,
`
`redacted versions of which are being filed concurrently herewith.2
`
`I.
`
`BACKGROUND
`
`Pursuant to the Board’s December 12, 2016 Order (Pap. 101), Patent Owner
`
`Acceleration Bay, LLC (“PO”) filed a Motion for Entry of the Proposed Stipulated
`
`Protective Order and to Seal Certain Exhibits (Pap. 105, “Motion to Seal”) seeking
`
`to seal portions of its Patent Owner Response, Patent Owner’s Opposition to
`
`Petitioner’s Motion to Exclude, and Exhibits 2023-2026, 2028-2029, 2048-49,
`
`2083, 2094, and 2107 that PO alleges contain “highly confidential information.”
`
`Because Petitioners’ Subject Exhibits cite to the papers and exhibits that PO
`
`alleges contain “highly confidential information,” Petitioners move to file under
`
`seal the portions of their Subject Exhibits that cite to the purportedly “highly
`
`
`2 In addition, pursuant to the Board’s December 12, 2016 Order (Pap. 101),
`
`Petitioners will notify the Board via email of the papers and exhibits that
`
`Petitioners wish to de-designate as confidential.
`
`2
`
`
`
`

`
`
`
`
`confidential information.” If the Board denies PO’s Motion to Seal in whole or in
`
`Case IPR2015-01972
`Patent No. 6,701,344 B1
`
`
`
`
`part, Petitioners would adjust their request to seal portions of their Subject Exhibits
`
`accordingly. Petitioners agree to be bound by the terms of the Board’s Default
`
`Protective Order, which PO filed as Exhibit 2118.
`
`II. GOOD CAUSE EXISTS FOR SEALING CERTAIN CONFIDENTIAL
`INFORMATION
`
`Good cause for sealing portions of Petitioners’ Subject Exhibits exists to the
`
`extent that the Board determines that good cause exists for sealing the papers and
`
`exhibits that are the subject of PO’s Motion to Seal.
`
`III. CERTIFICATION OF CONFERENCE WITH OPPOSING PARTY
`PURSUANT TO 37 C.F.R. § 42.54
`
`Petitioners and PO previously conferred and Petitioners did not oppose PO’s
`
`request for entry of the Default Protective Order. Petitioners also notified PO of
`
`Petitioners’ proposed redactions and de-designations on January 18, 2017. PO
`
`responded on January 19, 2017 indicating that PO agrees to Petitioners’ proposed
`
`redactions and de-designations.
`
`3
`
`
`
`
`
`

`
`
`
`
`Dated: January 20, 2017
`
`
`
`By: /James L. Davis, Jr./
`Andrew Thomases (lead 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
`
`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
`
`Counsel for Petitioners Activision
`Blizzard, Inc., Electronic Arts Inc.,
`Take-Two Interactive Software, Inc.,
`2K Sports,
`Inc., and Rockstar
`Games, Inc.
`
`
`
`
`4
`
`
`
`
`
`
`
`
`Case IPR2015-01972
`Patent No. 6,701,344 B1
`
`
`
`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
`
`Counsel for Petitioner Bungie, Inc.
`
`

`
`
`
`
`
`
`
`
`
`
`Case IPR2015-01972
`Patent No. 6,701,344 B1
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that a copy of the foregoing PETITIONERS’
`
`CONSOLIDATED MOTION TO FILE DOCUMENTS UNDER SEAL
`
`PURSUANT TO 37 C.F.R. §§ 42.14 & 42.54 was served on January 20, 2017 in
`
`its entirety by causing the aforementioned document to be electronically mailed,
`
`pursuant to the parties’ agreement, to the following attorneys of record:
`
`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
`
`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
`
`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
`
`5
`
`
`
`

`
`Case IPR2015-01972
`Patent No. 6,701,344 B1
`
`
`
`
`
`
`
`shedvat@kramerlevin.com
`
`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
`
`Counsel for Patent Owner Acceleration Bay
`
`
`
`
`
`
`
`
`January 20, 2017
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`ROPES & GRAY LLP
`
`
`
`
`/Bridget McAuliffe/
`Bridget McAuliffe
`
`
`
`
`
`
`
`
`Dated:
`
`6

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket