`Tel: 571-272-7822
`
`
`Paper 33
`Entered: April 4, 2019
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNIFIED PATENTS INC.,
`Petitioner,
`
`v.
`
`FALL LINE PATENTS, LLC,
`Patent Owner.
`____________
`
`Case IPR2018-00043
`Patent 9,454,748 B2
`____________
`
`
`Before MICHELLE N. WORMMEESTER, SHEILA F. McSHANE, and
`JOHN R. KENNY, Administrative Patent Judges.
`
`KENNY, Administrative Patent Judge.
`
`
`
`ORDER
`Motions for Protective Order and to Seal
`37 C.F.R. § 42.54
`
`The parties jointly move for entry of the default protective order.
`Paper 28, 2. In addition, Patent Owner moves to seal Patent Owner’s RPI
`Observations (Paper 30) in their entirety and to seal the deposition transcript
`of Mr. Kevin Jakel (Ex. 2009) in its entirety. Paper 29, 2. Petitioner does
`not oppose this motion. Further, Petitioner moves to seal Petitioner’s
`Response to Patent Owner’s Observations (Paper 31) in its entirety and to
`
`
`
`IPR2018-00043
`Patent 9,454,748 B2
`
`seal the errata sheet for the deposition transcript of Mr. Jakel (Ex. 1028) in
`its entirety. Paper 32, 2–3. Patent Owner does not oppose this motion.
`The parties represent that the papers and exhibits they seek to seal
`contain confidential, sensitive business information that has not been
`published or made public. Paper 29, 2; Paper 32, 2–3. That may be, but the
`parties have not justified sealing the entirety of each of those papers and
`exhibits. See, e.g., Paper 31, 6, first full paragraph, third sentence. The
`Office Patent Trial Practice Guide encourages parties “to redact sensitive
`information, where possible, rather than seeking to seal entire documents.”
`Office Patent Trial Practice Guide, 77 FR 48756, 48761 (Aug. 14, 2012). In
`accordance with that guidance, we order the parties, within fourteen days of
`the entry of this order, for each paper and exhibit identified above that they
`seek to seal, to file a redacted, public version of that paper or exhibit or
`provide a detailed explanation as to why the entirety of that paper or exhibit
`must be sealed.
`We will defer ruling on the parties’ motions to seal (Papers 29 and 32)
`until after the additional papers identified above have been filed.
`We grant the parties’ motion for entry of the default protective order
`(Paper 28).
`
`Accordingly, it is ORDERED:
`The Joint Motion for Protective Order (Paper 28) is granted.
`Within fourteen days from the entry of this Order, for each of Papers
`30 and 31 and Exhibits 1028 and 2009, the parties shall file a redacted,
`public version of that paper or exhibit or provide a detailed explanation of
`why the entirety of that paper or exhibit should be sealed.
`
`2
`
`
`
`IPR2018-00043
`Patent 9,454,748 B2
`
`
`Either party may file the redacted version or explanation for any of
`Papers 30 and 31 and Exhibits 1028 and 2009. The filing need not be a joint
`filing, but if it is not a joint filing, the submission shall indicate whether the
`opposing party wishes to file a responsive paper. If the opposing party
`wishes to file a responsive paper, it will have three business days to do so.
`
`
`
`
`
`3
`
`
`
`IPR2018-00043
`Patent 9,454,748 B2
`
`FOR PETITIONER:
`
`David W. O’Brien
`Raghav Bajaj
`Roshan Mansinghani
`David L. McCombs
`HAYNES AND BOONE, LLP
`david.obrien.ipr@haynesboone.com
`raghav.bajaj.ipr@haynesboone.com
`roshan@unifiedpatents.com
`david.mccombs.ipr@haynesboone.com
`
`Jonathan Stroud
`Jonathan Bowser
`UNIFIED PATENTS INC.
`jonathan@unifiedpatents.com
`jbowser@unifiedpatents.com
`
`
`FOR PATENT OWNER:
`
`Terry L. Watt
`CROWE & DUNLEVY
`terry.watt@crowedunlevy.com
`
`Matthew J. Antonelli
`Michael E. Ellis
`Larry D. Thompson, Jr.
`Zachariah Harrington
`ANTONELLI, HARRINGTON & THOMPSON LLP
`matt@ahtlawfirm.com
`michael@ahtlawfirm.com
`zac@ahtlawfirm.com
`larry@ahlawfirm.com
`
`4
`
`
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