`571-272-7822
`
`
`
`Paper 13
`Entered: February 29, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNIFIED PATENTS INC.,
`Petitioner,
`
`v.
`
`BLITZSAFE TEXAS, LLC,
`Patent Owner.
`____________
`
`Case IPR2016-00118
`Patent 8,155,342 B2
`____________
`
`
`
`
`
`
`
`Before JAMESON LEE, THOMAS L. GIANNETTI, and HUNG H. BUI,
`Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`ORDER
`Denying Motion to Seal / Granting Entry of Protective Order
`37 C.F.R. § 42.14, 42.54
`
`
`
`
`
`
`
`IPR2016-00118
`Patent 8,155,342 B2
`
`
`
`
`
`On February 5, 2016, the parties filed a “Joint Motion to Seal and
`Joint Protective Order” (Paper 10) (“Joint Motion”). The items sought to be
`sealed are Exhibits 2007–2011 and Patent Owner’s Preliminary Response
`(Paper 11), all of which were filed electronically on February 5, 2016, in the
`Board’s Patent Review Processing System (“PRPS”) as “Parties and Board
`Only.” Neither party filed redacted public versions of Exhibits 2007–2011
`and of the Preliminary Response (Paper 12) until February 23, 2016. The
`proposed Protective Order is not the Board’s default protective order.
`It is axiomatic that only confidential information should be sealed and
`information not confidential should not be sealed. In pertinent part, the
`Office Trial Practice Guide states:
`Where confidentiality is alleged as to some but not all of the
`information submitted to the Board, the submitting party shall
`file confidential and non-confidential versions of its submission,
`together with a Motion to Seal the confidential version setting
`forth the reasons why the information redacted from the non-
`confidential version is confidential and should not be made
`publicly available.
`77 Fed. Reg. 48,756, 48,770 (Aug. 14, 2012). The Joint Motion does not
`represent the entirety of each item sought to be sealed constitutes
`confidential information. Rather, it states: “Unified agrees to publicly file
`redacted versions of the aforementioned Exhibits within a reasonable time
`after the submission of Patent Owner’s Preliminary Response. Patent Owner
`agrees to file a redacted version of its Preliminary Response within a
`reasonable time after its submission.” Paper 10, 2.
`
`Thus, the Joint Motion fails to identify specifically what in the items
`sought to be sealed are purported to be confidential information and why. It
`is the redacted information that must be focused on and explained. The Joint
`
`2
`
`
`
`
`IPR2016-00118
`Patent 8,155,342 B2
`
`
`
`Motion has not specifically identified or discussed any redacted information.
`The filing of redacted versions of the exhibits and the Preliminary Response
`on February 23, 2016, does not cure the deficiency of the Joint Motion in
`failing to discuss and identify the redacted materials specifically.
`We note that each of redacted Exhibits 2007–2011 filed on February
`23, 2016, contains no content other than a cover sheet identifying the exhibit
`number and the statement “REDACTED IN ITS ENTIRETY.” If the parties
`intended to redact the entirety of each exhibit, we expect a specific
`discussion of each subpart within the exhibit. A general discussion of the
`exhibit as a whole is insufficient. The Joint Motion fails to establish that
`every paragraph, every sentence, and every word in each exhibit constitutes
`confidential information that should be sealed.
`Order
`
`It is
`ORDERED that to the extent the Joint Motion seeks to have sealed
`any information, it is denied;
`FURTHER ORDERED that to the extent the Joint Motion seeks to
`have entered the protective order attached to the Joint Motion as Exhibit A,
`it is granted; and
`FURTHER ORDERED that a clean copy of the executed Protective
`Order shall be filed by either Petitioner or Patent Owner as a numbered
`exhibit in PRPS.1
`
`
`
`
`1 Petitioner and Patent Owner shall decide among themselves which party
`will make the filing.
`
`3
`
`
`
`
`
`
`
`
`4
`
`
`IPR2016-00118
`Patent 8,155,342 B2
`
`Petitioner:
`Paul Haughey
`Scott Kolassa
`Jonathan Stroud
`phaughey@kilpatricktownsend.com
`skolassa@kilpatricktownsend.com
`jonathan@unifiedpatents.com
`
`
`
`Patent Owner:
`Peter Lambaianakos
`planbrianakos@brownrudnick.com
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