IPR2018-00199
`U.S. Patent 7,092,671
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`
`
`UNIFIED PATENTS, INC.
`
`Petitioner
`
`v.
`
`UNILOC LUXEMBOURG, S.A.1
`
`Patent Owner
`
`
`
`
`
`IPR2017-00199
`PATENT 7,092,671
`
`
`
`
`
`
`
`
`
`
`PATENT OWNER RESPONSE TO
`PAPERS 35, 36, 38, AND 39 (PETITIONER’S MOTIONS TO SEAL AND
`MOTION TO EXPUNGE)
`
`
`
`
`
`
`
`
`
` 1
`
` The owner of this patent is Uniloc 2017 LLC.
`
`1
`
`
`U.S. Patent 7,092,671
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`
`
`UNIFIED PATENTS, INC.
`
`Petitioner
`
`v.
`
`UNILOC LUXEMBOURG, S.A.1
`
`Patent Owner
`
`
`
`
`
`IPR2017-00199
`PATENT 7,092,671
`
`
`
`
`
`
`
`
`
`
`PATENT OWNER RESPONSE TO
`PAPERS 35, 36, 38, AND 39 (PETITIONER’S MOTIONS TO SEAL AND
`MOTION TO EXPUNGE)
`
`
`
`
`
`
`
`
`
` 1
`
` The owner of this patent is Uniloc 2017 LLC.
`
`1
`
`
`
`IPR2018-00199
`U.S. Patent 7,092,671
`
`
`
`Papers 35, 36, and 38 are motions to seal the confidential versions of the Final
`
`Written Decision, the Transcript of Oral Hearing and Patent Owner Response, and
`
`Patent Owner Request for Rehearing. Each of Petitioner’s most recent motions to
`
`seal seek to seal the same information that is the subject of Petitioner’s prior motions
`
`to seal (Papers 16 and 19). Specifically, Petitioner argues: (1) citations to Exhibit
`
`2005 are confidential; and (2) the identity of a third-party member of Unified Patents
`
`is confidential. Petitioner previously moved to seal this same information, and
`
`Patent Owner’s responses in opposition are filed as Papers 17 and 22. Patent Owner
`
`incorporates by reference Papers 17 and 22.
`
`Petitioner’s motion to seal the transcript of oral hearing, filed as Paper 36,
`
`accuses Patent Owner of failing to take “reasonable care to maintain the
`
`confidentiality” of Petitioner’s confidential information, alleging that the public
`
`version of the Patent Owner Response filed September 19, 2018 failed to adequately
`
`redact Petitioner’s confidential information. This accusation appears intended to
`
`excuse Petitioner’s failure to protect its own information. Patent Owner did take
`
`reasonable care. It redacted the information it understood to be confidential and filed
`
`the unredacted response under seal. Petitioner made no complaint, and Patent Owner
`
`had no reason to believe Petitioner disagreed with the accuracy of Patent Owner’s
`
`redactions until Petitioner emailed Patent Owner seven months later on April 26,
`
`2019. Informed of Petitioner’s position (or change in position), Patent Owner
`
`promptly agreed to have Paper 13 (the original public version of the response)
`
`removed and to file a new version of the Patent Owner Response with redactions
`
`2
`
`
`
`IPR2018-00199
`U.S. Patent 7,092,671
`
`provided by Petitioner.
`
`Petitioner’s accusation that Patent Owner failed to take reasonable care does
`
`not excuse Petitioner’s own failure to protect its information.2 The specific
`
`information Petitioner claims should have been redacted consists primarily of
`
`references to two third parties who are allegedly members of Unified Patents. The
`
`name of one of those third parties appears approximately 45 times in the 41-page
`
`Patent Owner Response. The name of the other, Apple3, appears approximately 82
`
`times. Thus, the 41-page Patent Owner Response disclosed the identities of these
`
`two third parties 127 times. This could not possibly have escaped Petitioner’s notice
`
`for seven months. If Petitioner truly considered their identities confidential at the
`
`time the Patent Owner Response was filed, it would have said something. Instead,
`
`Petitioner said nothing until seven months later. Either Petitioner did not consider
`
`the information confidential until seven months later or it acquiesced to the
`
`disclosure of the information, thereby waiving any confidentiality. (Indeed, Apple
`
`does not treat its membership in Unified Patents as confidential.) Petitioner’s
`
`
`
` 2
`
` This is not the first time Petitioner failed to protect allegedly confidential
`information. As explained in Paper 17, also in September 2018, Petitioner twice
`produced allegedly confidential information to individuals who had not signed the
`acknowledgement of the PTAB’s default protective order.
`
` 3
`
` Sometime after asking the Board to remove the original public version of the Patent
`Owner Response (Paper 13), primarily because it did not redact the identity of Apple
`and one other alleged Unified member, Petitioner became aware that Apple did not
`treat its own membership in Unified as confidential. Petitioner informed the Board
`of this and no longer seeks to redact incidents of “Apple” in the patent owner
`response.
`
`3
`
`
`
`IPR2018-00199
`U.S. Patent 7,092,671
`
`continued efforts to hide the identities of its members to shield them from being
`
`considered real parties in interest should be denied.
`
`For the foregoing reasons and for the reasons set forth in Papers 17 and 22,
`
`Uniloc respectfully requests that the Board deny Petitioner’s motions to seal filed as
`
`Papers 35, 36 and 38. Because Petitioner’s motions to seal should be denied,
`
`Petitioner’s motion to expunge (Paper 39) should also be denied.
`
`
`
`Date: August 1, 2019
`
`
`
`
`
`
`
`Respectfully submitted,
`
`By: /s/ Brett A. Mangrum
`Brett A. Mangrum; Reg. No. 64,783
`Attorney for Patent Owner
`
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. §§ 42.6(e), the undersigned certifies that an electronic
`
`copy of the foregoing document was served, along with any accompanying exhibits
`
`not previously served, via the Patent Review Processing System (PRPS) and/or e-
`
`mail to Petitioner’s counsel at the following addresses identified in the Petition’s
`
`consent to electronic service:
`
`David Cavanaugh David.cavanaugh@wilmerhale.com
`Roshan Mansinghani roshan@unifiedpatents.com
`Jonathan Stroud jonathan@unifiedpatents.com
`Michael Van Handel Michael.vanhandel@wilmerhale.com
`Ellyar Barazesh ellyar.barazesh@wilmerhale.com
`Dan Williams daniel.williams@wilmerhale.com
`Jonathan Bowser jbowser@unifiedpatents.com
`
`4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
