IPR2015-01972
`U.S. 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
`v.
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`ACCELERATION BAY, LLC,
`Patent Owner
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`Case No. IPR2015-019721
`Patent Number 6,701,344 B1
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`__________________________________
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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 OPPOSITION TO PATENT OWNER’S
`MOTION FOR ENTRY OF THE DEFAULT PROTECTIVE ORDER AND
`TO SEAL CERTAIN EXHIBITS UNDER 37 C.F.R. §§ 42.14 AND 42.54
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`1 Bungie, Inc., who filed a Petition in IPR2016-00934, has been joined as a
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`petitioner in this proceeding.
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`U.S. 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
`v.
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`ACCELERATION BAY, LLC,
`Patent Owner
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`Case No. IPR2015-019721
`Patent Number 6,701,344 B1
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`__________________________________
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`Before the Honorable SALLY C. MEDLEY, LYNNE E. PETTIGREW, and
`WILLIAM M. FINK, Administrative Patent Judges.
`
`PETITIONERS’ CONSOLIDATED OPPOSITION TO PATENT OWNER’S
`MOTION FOR ENTRY OF THE DEFAULT PROTECTIVE ORDER AND
`TO SEAL CERTAIN EXHIBITS UNDER 37 C.F.R. §§ 42.14 AND 42.54
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`1 Bungie, Inc., who filed a Petition in IPR2016-00934, has been joined as a
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`petitioner in this proceeding.
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`IPR2015-01972
`U.S. Patent No. 6,701,344 B1
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`The undersigned on behalf of, and acting in a representative capacity for,
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`Petitioners Activision Blizzard, Inc., Electronic Arts Inc., Take-Two Interactive
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`Software, Inc., 2K Sports, Inc., Rockstar Games, Inc., and Bungie, Inc.
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`(collectively “Petitioners”) hereby oppose in part Patent Owner’s Motion for Entry
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`of the Default Protective Order and to Seal Certain Exhibits Under 37 C.F.R.
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`§§ 42.14 and 42.54 (Paper 33). Petitioners do not oppose the entry of the Board’s
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`Default Protective Order, but Petitioners do object to Patent Owner’s request,
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`under that order, to seal the entirety of each document allegedly containing
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`confidential information without submitting a redacted version such that the non-
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`confidential information contained therein can be part of the public record, and
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`without making the required showing of good cause for sealing the entirety of each
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`document subject to Patent Owner’s motion. In particular, Patent Owner has also
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`filed its Motion to Seal – which does not appear to contain any confidential
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`information – and multiple declarations under seal. See Paper 33.
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`The Board has confirmed, in both its regulations and its orders, the clear
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`intent that information in PTAB proceedings – including, in particular, information
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`that impacts the Board’s deliberations – is to remain public. See, e.g., 37 C.F.R.
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`§ 42.14 (“The record of a proceeding, including documents and things, shall be
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`made available to the public, except as otherwise ordered.”); Paper 9, Scheduling
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`2
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`IPR2015-01972
`U.S. Patent No. 6,701,344 B1
`Order, §A.3 (“Redactions should be limited strictly to isolated passages consisting
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`entirely of confidential information. The thrust of the underlying argument or
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`evidence must be clearly discernible from the redacted version.”). This policy
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`certainly pertains, for example, to expert declarations accompanying Patent
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`Owner’s motion to amend, which Patent Owner proposes to keep from the public
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`record in its entirety, without justification for doing so.
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`Indeed, the Default Protective Order itself, which Patent Owner seeks to
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`have entered in this matter, requires that “[w]here confidentiality is alleged as to
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`some but not all of the information submitted to the Board, the submitting party
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`shall file confidential and nonconfidential versions of its submission, together with
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`a Motion to Seal the confidential version setting forth the reasons why the
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`information redacted from the non-confidential version is confidential and should
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`not be made available to the public.” Paper 35 (Proposed Protective Order) at
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`4.A.i. Again, Petitioners do not oppose entry of the Protective Order attached to
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`Paper 35 – but they do believe the Board should insist that the requirements of the
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`Protective Order be followed.
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`Petitioners raised this issue with Patent Owner by email dated July 26, 2016,
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`and during a meet and confer teleconference on August 2, 2016, requesting that
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`Patent Owner file versions of the documents at issue with redactions appropriately
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`limited to actual confidential information, and citing 37 C.F.R. § 42.14 and Section
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`3
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`IPR2015-01972
`U.S. Patent No. 6,701,344 B1
`A.3 of the Scheduling Order in this proceeding (Paper 9). Patent Owner
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`nonetheless stated during these discussions that it was not aware of any authority
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`requiring the filing of redacted versions of these documents.
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`Accordingly, Petitioners oppose Patent Owner’s Motion to the extent Patent
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`Owner seeks the unsupported, wholesale sealing in their entirety of the documents
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`that are the subject of its Motion (including the Motion itself (Paper 33)), rather
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`than only those portions that are actually shown to be confidential information, and
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`refuses to file redacted versions of the sealed documents that limit redactions to
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`that confidential information.
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`IPR2015-01972
`U.S. Patent No. 6,701,344 B1
`Dated: August 18, 2016
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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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`Respectfully submitted by:
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` /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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`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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`IPR2015-01972
`U.S. Patent No. 6,701,344 B1
`CERTIFICATE OF SERVICE
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`The undersigned certifies that a copy of the foregoing PETITIONERS’
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`CONSOLIDATED OPPOSITION TO PATENT OWNER’S MOTION FOR
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`ENTRY OF THE DEFAULT PROTECTIVE ORDER AND TO SEAL
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`CERTAIN EXHIBITS UNDER 37 C.F.R. §§ 42.14 AND 42.54 was served on
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`August 18, 2016 in its entirety by causing the aforementioned document to be
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`electronically mailed, pursuant to the parties’ agreement, to the following attorneys
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`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
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`6
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`Lead Counsel:
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`Backup Counsel:
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`IPR2015-01972
`U.S. Patent No. 6,701,344 B1
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`Phone: 212-715-9185
`Fax: 212-715-8000
`shedvat@kramerlevin.com
`svdocketing@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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`ROPES & GRAY LLP
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`/Bridget McAuliffe/
`Bridget McAuliffe
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`Dated:
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`August 18, 2016
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`7
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