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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
`UNIFIED PATENTS INC.
`Petitioner
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`v.
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`REALTIME ADAPTIVE STREAMING, LLC
`Patent Owner.
`____________________
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`Case IPR2018-00883
`U.S. Patent 8,934,535
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`____________________
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`PETITIONER’S MOTION TO SEAL
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`Case IPR2018-00883
`U.S. Patent 8,934,535
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`I.
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`Introduction
`Petitioner requests that Petitioner’s Response to Patent Owner’s Supplemental
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`Brief on Real Parties in Interest, and Exhibit 1018, filed herewith, be sealed under
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`37 C.F.R. § 42.54 and the Modified Default Standing Protective Order (Paper 19).
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`Good cause to seal these documents exists because they contain sensitive, non-public
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`information.
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`II. Good Cause Exists for Sealing Certain Confidential Information
`The Office Patent Trial Practice Guide provides that “the rules aim to strike a
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`balance between the public’s interest in maintaining a complete and understandable
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`file history and the parties’ interest in protecting truly sensitive information.” 77
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`FED. REG. 48756, 48760 (Aug. 14, 2012). Further, those rules “identify confidential
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`information in a manner consistent with Federal Rule of Civil Procedure
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`26(c)(1)(G), which provides for protective orders for trade secret or other
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`confidential research, development, or commercial information.” Id. (citing 37
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`C.F.R. § 42.54).
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`Petitioner’s Response to Patent Owner’s Supplemental Brief on Real Parties
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`in Interest and Exhibit 1018 contain information that Petitioner has identified as
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`confidential business information.
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`Petitioner’s Response to Patent Owner’s Supplemental Brief on Real
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`Parties in Interest references and describes the content of certain confidential
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`1
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`
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`Case IPR2018-00883
`U.S. Patent 8,934,535
`materials, that Petitioner requests by the present motion to file under seal and has
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`been marked “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” under
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`the Protective Order in this case. A public version of Petitioner’s Response to Patent
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`Owner’s Supplemental Brief on Real Parties in Interest, from which the confidential
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`information has been redacted, will also been filed in this proceeding.
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`Exhibit 1018 is a Declaration of Kevin Jakel and has been marked “HIGHLY
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`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” under the Protective Order in
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`this case. This declaration includes sensitive business information which Petitioner
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`asserts has not been published or otherwise been made public.
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`III. Conclusion
`For the above reasons, Petitioner requests that Exhibit 1018, be placed under
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`seal, as well as the unredacted and complete version of Petitioner’s Response to
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`Patent Owner’s Supplemental Brief on Real Parties in Interest.
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`Dated: September 10, 2018
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`Respectfully submitted,
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`By: /Lionel M. Lavenue/
`Lionel M. Lavenue, Reg. No. 46,859
`Lead Counsel
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`Counsel for Petitioner Unified Patents Inc.
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`2
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`Case IPR2018-00883
`U.S. Patent 8,934,535
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`
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that a copy of the foregoing Petitioner’s Motion
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`to Seal was filed on PTABE2E and served on September 10, 2018, via email
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`directed to counsel of record for the Patent Owner at the following:
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`William P. Rothwell
`william@noroozipc.com
`Kayvan B. Noroozi
`kayvan@noroozipc.com
`Joel P.N. Stonedale
`joel@noroozipc.com
`NOROOZI PC
`2245 Texas Drive, Suite 300
`Sugar Land, TX 77479
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`Thomas C. Chen
`NOROOZI PC
`1299 Ocean Ave., Suite 450
`Santa Monica, CA 90401
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`Neil A. Rubin
`nrubin@raklaw.com
`Kent Shum
`kshum@raklaw.com
`RUSS AUGUST & KABAT
`12424 Wilshire Blvd., 12th Fl.
`Los Angeles, CA 90025
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`Dated: September 10, 2018
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`By: /Lisa C. Hines/
`Lisa C. Hines
`Litigation Legal Assistant
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
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