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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________________
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`SAMSUNG ELECTRONICS CO., LTD.; AND
`SAMSUNG ELECTRONICS AMERICA, INC.
`Petitioner
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`v.
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`IMAGE PROCESSING TECHNOLOGIES, LLC
`Patent Owner
`
`____________________
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`Patent No. 6,717,518
`____________________
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`MOTION TO SEAL
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`Motion to Seal
`Patent No. 6,717,518
`Petitioner moves to seal concurrently filed Exhibit 1012, which is an excerpt
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`from Patent Owner’s infringement expert report filed in a parallel district court
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`proceedings. Exhibit 1012 discusses the operation of Petitioner’s highly
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`confidential, nonpublic source code in Petitioner’s products, which are accused of
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`infringing U.S. Patent No. 6,717,518 in the district court proceedings. Public
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`disclosure of the information in Exhibit 1012 may cause serious competitive harm
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`to Petitioner. This motion is filed pursuant to an email from the Board authorizing
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`filing of this motion and Exhibit 1012 on August 1, 2017 at 10:15 AM EST.
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`Exhibit 1012 includes blue highlighting added by Petitioner to indicate the
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`particularly relevant material.
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`1
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`
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`Motion to Seal
`Patent No. 6,717,518
`Petitioner concurrently files as Exhibit 1013 a proposed Protective Order.
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`The only changes from the default Protective Order are that paragraphs 3 and 4 are
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`newly added.1 In paragraph 3, the Order creates an additional category of
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`designated material that may not be shared with the non-disclosing party or its
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`employees. In paragraph 4, the Order implements a prosecution bar. Petitioner
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`and Patent Owner have agreed to similar provisions in a protective order entered in
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`the parallel district court proceedings. Moreover, Exhibit 1012 was designated
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`under those provisions of the district court’s protective order, and Patent Owner
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`has never challenged its confidentiality designation in the district court
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`proceedings.
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`The undersigned certifies that Petitioner met and conferred with Patent
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`Owner and Patent Owner opposes this motion and the proposed Protective Order.
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`Dated: August 3, 2017
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`
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`By: /s/ John Kappos
` John Kappos (Reg. No. 37,861)
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` 1
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` Concurrently filed Exhibit 1014 is a redline comparing the proposed Protective Order (Exhibit
`1013) to the default Protective Order.
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`2
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`
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`Motion to Seal
`Patent No. 6,717,518
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`CERTIFICATE OF SERVICE
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`The undersigned certifies pursuant to 37 C.F.R. § 42.6(e) and § 42.105 that
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`on August 3, 2017, a true and correct copy of Petitioner Motion to Seal was served
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`via express mail on the Petitioner at the following correspondence address of
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`record:
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`J. Rodman Steele, Jr.
`DUANE MORRIS LLP
`Boca Center Tower II
`5100 Town Center Circle, Suite
`650
`Baca Raton, FL 33486
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`J. Rodman Steele, Jr.
`NOVAK DRUCE & QUIGG LLP
`525 Okeechobee Blvd., Suite 1500
`Palm Beach, FL 33401
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`Courtesy copies were also sent to Patent Owner’s litigation counsel via
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`electronic mail:
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`Michael N. Zachary
`ANDREWS KURTH KENYON LLP
`1801 Page Mill Road, Suite 210
`Palo Alto, CA 94304
`MichaelZachary@AndrewsKurthKenyon.com
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`Christopher J. Coulson
`Rose Cordero Prey
`Mark Chapman
`ANDREWS KURTH KENYON LLP
`One Broadway
`New York, NY 10004
`ChrisCoulson@AndrewsKurthKenyon.com
`RosePrey@AndrewsKurthKenyon.com
`MarkChapman@AndrewsKurthKenyon.com
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`3
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`Motion to Seal
`Patent No. 6,717,518
`Respectfully submitted,
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`/s/ John Kappos .
`John Kappos (Reg. No. 37,861)
`O’Melveny & Myers LLP
`610 Newport Center Drive, 17th Floor
`Newport Beach, CA 92660
`Telephone: (949) 760-9600
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`Attorney for Petitioner
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`4
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