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`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________________________________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________________________________
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`I.M.L. SLU
`Petitioner
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`v.
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`WAG ACQUISITION, LLC
`Patent Owner.
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`_______________________________________
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`Inter Partes Review Case No. IPR2016-01656
`U.S. Patent No. 8,122,141
`_______________________________________
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`PATENT OWNER’S MOTION FOR ENTRY OF THE
`MODIFIED PROTECTIVE ORDER AND TO
`SEAL OPPOSITION TO PETITIONER I.M.L. SLU’S REQUEST FOR
`ADVERSE JUDGMENT FOR ABANDONMENT OF THE CONTEST
`UNDER 37 C.F.R. § 42.73(b)(4)
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`Pursuant to 37 C.F.R. §§ 42.14 and 42.54, Patent Owner, WAG Acquisition,
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`LLC “WAG”) hereby moves for entry of the Modified Protective Order in the form
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`annexed to Petitioner’s Unopposed Motion for Protective Order (Paper 14) and to
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`seal Patent Owner’s Opposition to Petitioner I.M.L. SLU’s Request for Adverse
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`Judgment for Abandonment of the Contest Under 37 C.F.R. § 42.73(B)(4) and
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`Exhibits 2009, 2010, and 2012 thereto (the “Opposition Filing”), which contain
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`Petitioner I.M.L. SLU’s confidential business information.
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`I. GOOD CAUSE EXISTS FOR SEALING CERTAIN CONFIDENTIAL
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`INFORMATION
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`The Board’s standards for granting motions to seal are discussed in Garmin
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`International v. Cuozzo Speed Technologies, LLC, IPR2012-00001 (Paper 34 at 4-
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`5) (Mar. 14, 2013). The standard for granting a motion to seal is “good cause.” 37
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`C.F.R. § 42.54(a). The moving party bears the burden of showing that the relief
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`requested should be granted. 37 C.F.R. § 42.20(c).
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`The Opposition Filing contains confidential information requiring that it be
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`designated as “PROTECTIVE ORDER MATERIAL” under the Modified
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`Protective Order as it contains information Petitioner I.M.L. SLU has characterized
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`as highly confidential and that, in particular, discusses and reveals confidential
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`information regarding “business-sensitive details of the Petitioner’s organizational
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`structure, business processes, financing, and corporate and legal operations,” as
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`1
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`described in Petitioner’s Unopposed Motion for Entry Of Protective Order. I.M.L.
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`SLU v. WAG Acquisition, LLC, IPR2016-01656 (Paper 14 at 1) (May 5, 2017).
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`This information is protectable under the Office Trial and Practice Guide, 77 Fed.
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`Reg. 48760 (Aug. 14, 2012) (stating that the rules identify confidential matter
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`consistent with Federal Rule of Civil Procedure 26(c)(1)(G), which “provides for
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`protective orders for trade secret or other confidential research, development, or
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`commercial information”) and should be sealed from the public.
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`The sealing of the foregoing is of particular importance because Petitioner
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`I.M.L. SLU claims that it is “a non-public, foreign company, [and] has a strong
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`interest in maintaining the confidentiality of this information [and that it] will be
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`prejudiced unduly if it were compelled to produce its private, internal documents
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`without protection in order to pursue this petition.” I.M.L. SLU v. WAG
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`Acquisition, LLC, IPR2016-01656 (Paper 14 at 1) (May 5, 2017). Patent Owner
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`respects Petitioner I.M.L. SLU’s position on this matter.
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`Conversely, there is no countervailing interest that would counsel against
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`granting the present motion. Further, granting this motion would not prejudice or
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`impact this underlying proceeding. The public’s interest in accessing the
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`information in the Opposition Filing is outweighed by the prejudicial effect and
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`competitive harm of disclosing the above described confidential business
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`information.
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`II. CERTIFICATION OF NON-PUBLICATION
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`To the best of Patent Owner’s knowledge, and based on statements by
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`Petitioner I.M.L. SLU about its own information, the confidential information
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`contained in the Opposition Filing has not been made publicly available.
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`III. CERTIFICATION OF CONFERENCE WITH OPPOSING PARTY
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`AND PROPOSED PROTECTIVE ORDER PURSUANT TO 37 C.F.R. §
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`42.54
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`Pursuant to 37 C.F.R. § 42.54, counsel for Patent Owner had conferred in
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`good faith with counsel for Petitioner I.M.L. SLU, and the parties previously
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`agreed to entry of the modified version of the Board’s Protective Order in the form
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`annexed to Petitioner’s Unopposed Motion for Protective Order, Paper 14. The
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`Opposition Filing is submitted subject to the Modified Protective Order and Patent
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`Owner moves to file under seal.
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`IV. CONCLUSION AND RELIEF REQUESTED
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`Accordingly, good cause exists to warrant entry of the Modified Protective
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`Order and to seal the Opposition Filing from public disclosure.
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`3
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`Dated: January 5, 2018
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`Respectfully submitted,
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`/Ronald Abramson/
`Ronald Abramson
`(Attorney for Patent Owner)
`Reg. No. 34,762
`212-822-0163
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR § 42.6(e), the undersigned certifies that on January 5,
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`2018, a complete and entire copy of this Patent Owner’s Motion for Entry of the
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`Modified Protective Order and to Seal Opposition to Petitioner I.M.L. SLU’s
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`Request for Adverse Judgment for Abandonment of the Contest Under 37 C.F.R.
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`§ 42.73(b)(4) was provided to Petitioner I.M.L. SLU by filing through the PTAB
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`E2E System and via email to bjacob@kelleydrye.com, and
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`syovits@kelleydrye.com, as authorized in Petitioner’s Amended Mandatory
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`Notices.
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` Dated: January 5, 2018
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`/Ronald Abramson/
`Ronald Abramson
`(Attorney for Patent Owner)
`Reg. No. 34,762
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