UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`
`
`BAKER HUGHES INCORPORATED and
`BAKER HUGHES OILFIELD OPERATIONS, INC.,
`Petitioners
`
`v.
`
`PACKERS PLUS ENERGY SERVICES INC.,
`Patent Owner
`
`___________________
`
`Case IPR2016-01506
`Patent 7,861,774
`___________________
`
`
`
`EXCLUSIVE LICENSEE RAPID COMPLETIONS LLC’S
`MOTION TO SEAL
`
`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`
`
`BAKER HUGHES INCORPORATED and
`BAKER HUGHES OILFIELD OPERATIONS, INC.,
`Petitioners
`
`v.
`
`PACKERS PLUS ENERGY SERVICES INC.,
`Patent Owner
`
`___________________
`
`Case IPR2016-01506
`Patent 7,861,774
`___________________
`
`
`
`EXCLUSIVE LICENSEE RAPID COMPLETIONS LLC’S
`MOTION TO SEAL
`
`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`Case IPR2016-01506
`Patent 7,861,774
`
`
`
`Pursuant to 37 C.F.R. §§ 42.14, 42.54, Exclusive Licensee Rapid
`
`Completions respectfully moves to seal Exhibits 2047, 2081, 2096 and portions of
`
`Exhibits 2048 and 2050 filed herewith, which contain confidential information as
`
`described below. Respondent is also submitting an agreed proposed protective
`
`order to govern protection of this information. This proposed order differs from
`
`the Board’s default order only in that it includes a prosecution bar and also
`
`protections for Attorneys Eyes Only and AEO-TECHNICAL confidential
`
`information. These changes were made so that the order is consistent with the
`
`parties’ obligations under a district court protective order (copy attached as Exhibit
`
`A to this motion) that also governs protection of the materials at issue. Petitioners
`
`do not oppose this motion.
`
`I.
`GOOD CAUSE EXISTS FOR SEALING CERTAIN CONFIDENTIAL
`INFORMATION
`
`In determining whether to grant a Motion to Seal, the Board must find “good
`
`cause” and “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.” 37 C.F.R. § 42.54(a); 77 Fed. Reg. 48756, 48760 (Aug. 14,
`
`2012). As described in the Office Trial Practice Guide, the Board identifies
`
`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
`
`
`
`
`
`Case IPR2016-01506
`Patent 7,861,774
`
`
`
`other confidential research, development, or commercial information.” 77 Fed.
`
`Reg. 48756, 48760 (Aug. 14, 2012).
`
`Exhibit 2047 is a Rystad Energy report entitled “Ball activated sliding
`
`sleeves” that contains the following statement: “This document is the property of
`
`Rystad Energy. The document must not be reproduced or distributed in any forms,
`
`in parts or full without permission from Rystad Energy.” Petitioners produced this
`
`document during discovery in litigation and Respondent and Petitioners are
`
`obligated to maintain this document as confidential under the litigation protective
`
`order (Ex. A). The public’s interest in accessing this information for purposes of
`
`patentability of the challenged claims in this proceeding is outweighed by the
`
`prejudicial effect that such disclosure would have on Rystad Energy and/or
`
`Petitioners.
`
`Exhibit 2050 is an un-redacted copy of Respondent’s expert declaration.
`
`Respondent has submitted a redacted copy of this declaration as Exhibit 2051.
`
`Respondent has only redacted the portions of this report that describe the
`
`confidential information contained in the exhibits marked above, and certain
`
`financial figures that are based on sensitive financial data produced by Petitioners
`
`- 2 -
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`
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`Case IPR2016-01506
`Patent 7,861,774
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`
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`and Packers Plus, which the parties are obligated to maintain as confidential under
`
`the litigation protective order (Ex. A).
`
`Exhibit 2048 is an un-redacted copy of the declaration of J.J. Girardi.
`
`Respondent has submitted a redacted copy of this declaration as Exhibit 2049.
`
`Respondent has only redacted the portions of this report that specifies confidential
`
`revenue information. The public’s interest in accessing this information for
`
`purposes of patentability of the challenged claims in this proceeding is outweighed
`
`by the prejudicial effect that such disclosure would have on Packers Plus.
`
`Exhibit 2081 is an unredacted version of a supplemental declaration of
`
`respondent’s expert. A redacted version will be filed as exhibit 2084. This version
`
`has been redacted only to protect information described in the documents listed in
`
`this motion to seal. The public’s interest in accessing this information for purposes
`
`of patentability of the challenged claims in this proceeding is outweighed by the
`
`prejudicial effect that such disclosure would have on the parties.
`
`Exhibit 2096 contains highly confidential sales information related to sales
`
`of Weatherford’s ZoneSelect system. This information is highly sensitive for
`
`commercial reasons and Respondent is obligated to maintain it as confidential
`
`under the litigation protective order (Ex. A). The public’s interest in accessing this
`
`- 3 -
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`Case IPR2016-01506
`Patent 7,861,774
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`
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`information for purposes of patentability of the challenged claims in this
`
`proceeding is outweighed by the prejudicial effect that such disclosure would have
`
`on Weatherford.
`
`For the foregoing reasons, Respondent requests that the Board seal Exhibits
`
`2047, 2048, 2050, 2081, 2096 and the portions of the Response referencing those
`
`exhibits.
`
`II. CERTIFICATION OF NON-PUBLICATION
`
`To the undersigned counsel’s knowledge, the information sought to be
`
`sealed by this motion has not been published or otherwise made public.
`
`III. CERTIFICATION OF CONFERENCE WITH OPPOSING PARTY
`PURSUANT TO 37 C.F.R. § 42.54.
`
`Respondent has conferred with Petitioners, and Petitioners do not oppose the
`
`motion.
`
`THEREFORE, Patent Owner respectfully requests that the Board grant
`
`Patent Owner’s Motion to Seal.
`
`
`
`Dated: May 31, 2017
`
`
`
`
`
`Respectfully submitted,
`
`Rapid Completions LLC
`
`By /Justin T. Nemunaitis/
`
`Hamad M. Hamad, Reg. No. 64,641
`
`- 4 -
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`
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`
`
`Case IPR2016-01506
`Patent 7,861,774
`
`Bradley W. Caldwell (pro hac vice)
`Justin T. Nemunaitis (pro hac vice)
`CALDWELL CASSADY CURRY,
`P.C.
`2101 Cedar Springs Road, Suite 1000
`Dallas, Texas 75201
`Telephone: 214.888.4848
`Facsimile: 214.888.4849
`hhamad@caldwellcc.com
`bcaldwell@caldwellcc.com
`jnemunaitis@caldwellcc.com
`rapid@caldwellcc.com
`
`Dr. Gregory Gonsalves, Re. No.
`43,639
`GONSALVES LAW FIRM
`2216 Beacon Lane
`Falls Church, Virginia 22043
`Telephone: 571.419.7252
` gonsalves@gonsalveslawfirm.com
`
`
`
`
`
`CERTIFICATION OF SERVICE
`
`
`
`The undersigned hereby certifies that the foregoing document was served
`
`electronically via e-mail in its entirety on the following counsel of record for
`
`Mark T. Garrett (Lead Counsel)
`Eagle H. Robinson (Back-up Counsel)
`NORTON ROSE FULBRIGHT US LLP
`mark.garrett@nortonrosefulbright.com
`eagle.robinson@nortonrosefulbright.com
`
`- 5 -
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`Petitioner:
`
`
`
`
`
`
`
`Case IPR2016-01506
`Patent 7,861,774
`
`
`/Hamad M. Hamad/
`Hamad M. Hamad, Reg. No. 64,641
`
`
`
`
`
`
`
`Date: May 31, 2017
`
`
`
`- 6 -
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`
`
`
`
`
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