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 IPR2015-019721
`Patent 6,701,344
`
`__________________________________________________________
`
`PATENT OWNER’S MOTION TO SEAL CERTAIN EXHIBITS UNDER 37
`C.F.R. § 42.14
`
`
`
`
`1 Bungie, Inc., who filed a Petition in IPR2016-00934, has been joined as a
`
`petitioner in this proceeding.
`
`
`
`
`
`
`
`__________________
`
`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 IPR2015-019721
`Patent 6,701,344
`
`__________________________________________________________
`
`PATENT OWNER’S MOTION TO SEAL CERTAIN EXHIBITS UNDER 37
`C.F.R. § 42.14
`
`
`
`
`1 Bungie, Inc., who filed a Petition in IPR2016-00934, has been joined as a
`
`petitioner in this proceeding.
`
`
`
`
`
`
`
`
`IPR2015-01972 (U.S. Patent No. 6,701,344)
`
`Pursuant to 37 C.F.R. § 42.14, Patent Owner, Acceleration Bay, LLC,
`
`(“Acceleration Bay”) hereby moves certain Exhibits (collectively referred to herein
`
`as the “Subject Exhibits”) under the Default Protective Order which are identified
`
`below:
`
`Filing/Exhibit
`
`Content
`
`Confidential Information2
`
`Exhibit 2107
`
`Claim chart created by Dr.
`Michael Goodrich regarding the
`amended claims of the ‘344
`Patent and the Boeing Invention
`Disclosure Form
`
`Contains highly confidential
`information regarding internal
`research and development
`efforts of a third party.
`
`I.
`
`GOOD CAUSE EXISTS FOR SEALING CERTAIN CONFIDENTIAL
`INFORMATION
`The Board’s standards for granting motions to seal are discussed in Garmin
`
`International v. Cuozzo Speed Technologies, LLC, IPR2012-00001 (Paper 34 at 4-
`
`5, Mar. 14, 2013). The standard for granting a motion to seal is “good cause.” 37
`
`C.F.R. § 42.54(a). The moving party bears the burden of showing that the relief
`
`requested should be granted. 37 C.F.R. § 42.20(c). In particular:
`
`The rules aim to strike a balance between the public’s interest in
`maintaining a complete and understandable file history and the
`parties’ interest in protecting truly sensitive information.
`*
`*
`*
`
`
`2 Further details regarding the confidential information regarding each of the
`
`exhibits identified in this chart are explained infra at § I.
`
`- 1 -
`
`
`
`
`IPR2015-01972 (U.S. Patent No. 6,701,344)
`
`Confidential Information: The rules identify confidential information
`in a manner consistent with Federal Rule of Civil Procedure
`26(c)(1)(G), which provides for protective orders for trade secret or
`other confidential research, development, or commercial information.
`
`35 U.S.C. § 316(a)(7); 37 C.F.R. § 42.54; Office Trial and Practice Guide, 77 Fed.
`
`Reg. 48756, 48760 (Aug. 14, 2012).
`
`Acceleration Bay’s Patent Owner Response and the Subject Exhibits contain
`
`confidential information requiring that they be designated as “PROTECTIVE
`
`ORDER MATERIAL” under Default Protective Order. The Subject Exhibits each
`
`contain highly confidential information of a third party. Specifically, each discuss
`
`and reveal confidential information regarding either or both (1) The Boeing
`
`Company’s (“Boeing”) highly confidential internal information relating to the
`
`conception and development of the subject patent including an Invention
`
`Disclosure Form by the inventors and first assignee, Boeing. The confidential
`
`information disclosed in each of the Subject Exhibits is outlined in the chart above.
`
`The sealing of the foregoing is of particular importance because the public
`
`disclosure of such “truly sensitive information” would impact Boeing’s
`
`competitive position in the market. In particular, information regarding certain
`
`Boeing’s internal research and development efforts and strategies at Boeing, would
`
`allow competitors to access information that would significantly harm Boeing’s
`
`competitive position in the marketplace.
`
`- 2 -
`
`
`
`
`IPR2015-01972 (U.S. Patent No. 6,701,344)
`
`
`
`Furthermore, and notwithstanding the foregoing, granting this Motion would
`
`not prejudice nor impact this underlying proceeding. The public’s interest in
`
`accessing the information requiring that the Subject Exhibits be sealed for the
`
`purposes of the patentability of the challenged claims is unquestionably
`
`outweighed by the prejudicial effect and competitive harm of disclosing the above
`
`described confidential business information of third party, Boeing.
`
`II. CERTIFICATION OF NON-PUBLICATION
`
`To the best of Acceleration Bay’s knowledge, the confidential information
`
`contained in the Subject Exhibits has not been made publically available.
`
`III. V. CONCLUSION AND RELIEF REQUESTED
`
`Accordingly, good cause exists to seal Acceleration Bay’s Subject Exhibits
`
`from public disclosure under the Default Protective Order.
`
`
`
`Dated: November 4, 2016
`
`Respectfully submitted,
`
`
`
`
`
`/James Hannah/
`
`James Hannah (Reg. No. 56,369)
`jhannah@kramerlevin.com
`Michael Lee (Reg. No. 63,941)
`mhlee@kramerlevin.com
`Kramer Levin Naftalis & Frankel LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Tel: 650.752.1700
`Fax: 212.715.8000
`
`Shannon Hedvat (Reg. No. 68,417)
`
`- 3 -
`
`
`
`
`IPR2015-01972 (U.S. Patent No. 6,701,344)
`
`shedvat@kramerlevin.com
`Kramer Levin Naftalis & Frankel LLP
`1177 Avenue of the Americas
`New York, NY 10036
`Tel: 212.715.9185
`Fax: 212.715.8385
`
`Attorneys for Patent Owner
`
`(Case No. IPR2015-01972)
`
`
`
`- 4 -
`
`
`
`
`IPR2015-01972 (U.S. Patent No. 6,701,344)
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that a true and
`
`correct copy of the foregoing Patent Owner’s Motion to Seal Certain Exhibits was
`
`served on November 4, 2016, by filing this document through the Patent Review
`
`Processing System as well as delivering via electronic mail upon the following
`
`counsel of record for Petitioner:
`
`
`
`J. Steven Baughman
`ROPES & GRAY LLP
`2099 Pennsylvania Ave., NW
`Washington, DC 20005-3948
`steven.baughman@ropesgray.com
`Activision_Blizzard_PTAB_Service@ropesgray.com
`
`Matthew R. Shapiro
`Joseph E. Van Tassel
`ROPES & GRAY LLP
`1211 Avenue of the Americas
`New York, NY 10036
`matthew.shapiro@ropesgray.com
`joseph.vantassel@ropesgray.com
`
`
`Andrew Thomases
`Daniel W. Richards
`James Davis, Jr.
`ROPES & GRAY LLP
`1900 University Ave., 6th Floor
`East Palo Alto, CA 94303
`andrew.thomases@ropesgray.com
`daniel.w.richards@ropesgray.com
`james.l.davis@ropesgray.com
`
`Michael M. Murray
`WINSTON &STRAWN LLP
`275 Middlefield Road, Suite 205
`Menlo Park, CA 94025
`mmurray@winston.com
`
`
`
`5
`
`Mike Tomasulo
`WINSTON &STRAWN LLP
`333 S. Grand Avenue, 38th Floor
`Los Angeles, CA 90071
`mtomasulo@winston.com
`
`Andrew R. Sommer
`WINSTON &STRAWN LLP
`1700 K. Street, N.W.
`Washington D.C. 20006-3817
`asommer@winston.com
`
`
`
`
`IPR2015-01972 (U.S. Patent No. 6,701,344)
`
`
`
`Counsel for Petitioner Activision Blizzard, Inc.,
`Electronic Arts Inc., Take-Two Interactive Software,
`Inc., 2K Sports, Inc., and Rockstar Games, Inc.
`
`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.
`
`
`
`
`Jose C. Villarreal
`Eric C. Arnell
`WILSON SONSINI GOODRICH
` & ROSATI
`900 South Capital of Texas Hwy
`Las Cimas IV, Fifth Floor
`Austin, TX 78746-5546
`jvillarreal@wsgr.com
`earnell@wsgr.com
`
`
`
`
`
`
`
`/James Hannah/
`
`James Hannah (Reg. No. 56,369)
`Kramer Levin Naftalis & Frankel LLP
`990 Marsh Road,
`Menlo Park, CA 94025
`(650) 752-1700
`
`
`
`
`6
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