`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, Petitioners Activision Blizzard,
`
`Inc., Electronic Arts Inc., Take-Two Interactive Software, Inc., 2K Sports, Inc.,
`
`Rockstar Games, Inc., and Bungie, Inc. (the “Petitioners”) respectfully submit this
`
`Motion to Seal (“Motion”) portions of Petitioners’ Consolidated Reply in Support
`
`of Motion to Exclude (“Reply”), which is being filed concurrently herewith.
`
`Consistent with the procedure followed with respect to Petitioners’ previously filed
`
`Motion to Seal (Paper 58, “Petitioners’ First Motion to Seal”), Petitioners will file
`
`a redacted version of this document after meeting and conferring with Patent
`
`Owner Acceleration Bay, LLC (“PO”).
`
`I.
`
`BACKGROUND
`
`In this proceeding, PO served on Petitioners its Patent Owner Response
`
`(Paper 31) and Exhibits 2022-2026, 2028-2029, 2032-2034, 2047-2049, and 2083,
`
`which PO filed under seal contemporaneously with its Motion for Entry of the
`
`Default Protective Order and to Seal Patent Owner Response and Certain Exhibits
`
`Under 37 C.F.R. §§ 42.14 and 42.54 (Paper 35, “PO’s First Motion to Seal”).2
`
`Subsequently, PO filed a Motion to Seal (Paper 87, “PO’s Opposition Motion to
`
`
`2 PO also filed (under seal) a second Motion for Entry of Default Protective Order
`
`and to Seal Certain Exhibits Under 37 C.F.R. §§ 42.14 and 42.54 (Paper 33) for
`
`certain Exhibits to PO’s Contingent Motion to Amend.
`
`2
`
`
`
`
`
`
`
`
`Seal”) its Opposition to Petitioners’ Consolidated Motion to Exclude (Paper 85,
`
`Case IPR2015-01972
`Patent No. 6,701,344 B1
`
`
`
`
`“Opposition”) and Exhibits 2112-2117. As detailed in Petitioners’ Consolidated
`
`Opposition to PO’s First Motion to Seal (Paper 40), Petitioners do not oppose entry
`
`of the Board’s Default Protective Order, but oppose PO’s Motions to Seal to the
`
`extent PO seeks to seal the entirety of the documents that are the subject of its
`
`Motions, rather than only those portions that are actually shown to be confidential.
`
`The Board has not yet ruled on any of PO’s Motions to Seal, and the documents
`
`are provisionally sealed pending the Board’s decision. 35 U.S.C. § 316(a)(1); 37
`
`C.F.R. § 42.14.
`
` Petitioners’ Reply cites to PO’s Opposition and Exhibits 2112-2117 that PO
`
`alleges contain “highly confidential information.” Accordingly, Petitioners move
`
`to file under seal the portions of Petitioners’ Reply that cite to the purportedly
`
`“highly confidential information,” at least until the Board rules on PO’s Motions to
`
`Seal. If the Board denies PO’s Motions to Seal in whole or in part, Petitioners
`
`would adjust their request to seal portions of Petitioners’ Reply accordingly.
`
`Petitioners agree to be bound by the terms of the Board’s Default Protective Order,
`
`which was previously filed as Exhibit 11353.
`
`3 Exhibit 1135 is a copy of the Board’s Default Protective Order that was attached
`
`to PO’s First Motion to Seal as Exhibit A.
`
`3
`
`
`
`
`
`
`
`
`II. GOOD CAUSE EXISTS FOR SEALING CERTAIN CONFIDENTIAL
`INFORMATION
`
`Case IPR2015-01972
`Patent No. 6,701,344 B1
`
`
`
`
`Good cause for sealing portions of Petitioners’ Reply exists to the extent that
`
`the Board determines that good cause exists for sealing PO’s Opposition and
`
`Exhibits 2112-2117 that are the subject of PO’s Opposition Motion to Seal.
`
`III. CERTIFICATION OF CONFERENCE WITH OPPOSING PARTY
`PURSUANT TO 37 C.F.R. § 42.54
`
`Petitioners and PO previously conferred regarding PO’s Motion to Seal, and
`
`Petitioners did not oppose PO’s request for entry of the Default Protective Order.
`
`See Paper 35 at 5. In addition, pursuant to 37 C.F.R. §42.54(a), Petitioners
`
`conferred with PO in good faith before filing Petitioners’ First Motion to Seal.
`
`Consistent with the procedure followed with respect to Petitioners’ First Motion to
`
`Seal, Petitioners will file a redacted version of Petitioners’ Reply after meeting and
`
`
`
`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.
`
`conferring with PO.
`
`Dated: November 23, 2016
`
`By: /James L. Davis, Jr./
`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
`
`Andrew Thomases (backup counsel)
`Reg. No. 40,841
`
`
`
`4
`
`
`
`
`
`
`
`
`Case IPR2015-01972
`Patent No. 6,701,344 B1
`
`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.
`
`
`5
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`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 November 23, 2016
`
`in its entirety by causing the aforementioned document to be electronically mailed,
`
`pursuant to the parties’ agreement, to the following attorneys of record:
`
`6
`
`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
`shedvat@kramerlevin.com
`
`
`
`
`
`
`Case IPR2015-01972
`Patent No. 6,701,344 B1
`
`
`
`
`
`
`
`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
`
`
`
`Dated:
`
`
`
`
`
`
`
`
`November 23, 2016
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`ROPES & GRAY LLP
`
`
`
`
`/Ginny Blundell/
`Ginny Blundell
`
`
`
`7