`571-272-7822
`
`
`
`Paper 14
`Entered: March 4, 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.
`
`GIANNETTI, Administrative Patent Judge.
`
`
`ORDER
`Conduct of Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`IPR2016-00118
`Patent 8,155,342 B2
`
`
`
`
`
`
`
`
`A conference call in this proceeding took place on March 4, 2016. The
`
`parties were represented by their respective counsel. The conference was
`requested by the Board to discuss Petitioner’s request for authorization to
`file a renewed motion to seal.
`
`Petitioner asserted that the identity of its membership is confidential.
`The Board pointed out that information identifying Petitioner’s members is
`available to the public on its website, www.unified.com. Petitioner agreed
`to review the redactions to Patent Owner’s preliminary response in light of
`this information.
`
`Petitioner also asserted that information regarding the provisions of its
`membership agreements as disclosed in Exhibits 2007–2011 is confidential.
`The Board asked the parties to meet and confer to work on a stipulation that
`will avoid the need to submit the agreements.
`
`It is, therefore,
`
`ORDERED that Petitioner will review the redactions to Patent
`Owner’s Preliminary Response (Paper 12) and un-redact any portions that
`reflect information that has been made available to the public;
`
`FURTHER ORDERED that as to any remaining redactions to the
`Preliminary Response, Petitioner is authorized to file a renewed motion to
`seal;
`FURTHER ORDERED that the motion to seal must be supported by a
`
`declaration by an officer of Petitioner, attesting to the necessity for each
`redaction, the non-public nature of the redacted material, and to the specific
`nature of the alleged harm to Petitioner that would result from its disclosure;
`
`FURTHER ORDERED that counsel shall meet and confer to discuss
`whether any facts material to the allegation that Petitioner has failed to name
`2
`
`
`
`
`IPR2016-00118
`Patent 8,155,342 B2
`
`
`
`all real parties-in-interest are in dispute, are public, and whether a stipulation
`to those facts can be entered in place of the membership agreements;
`
`FURTHER ORDERED that the Parties will report to the Board (by
`email) the results of (1) the review by Petitioner of the preliminary response
`and (2) the meet-and-confer, within five business days of the entry date of
`this Order.
`
`
`
`
`
`3
`
`
`Petitioner:
`Paul C. Haughey
`Scott E. Kolassa
`Jonathan Stroud
`phaughey@kilpatricktownsend.com
`skolassa@kilpatricktownsend.com
`jonathan@unifiedpatents.com
`
`
`
`Patent Owner:
`Peter Lambrianakos
`plambrianakos@brownrudnick.com