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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`IPR2018-00952
`Patent 9,253,239
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Unified Patents Inc.
`Petitioner
`
`v.
`
`Bradium Technologies LLC,
`Patent Owner
`
`
`IPR2018-00952
`Patent 9,253,239
`
`
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`UNOPPOSED MOTION TO SEAL PATENT OWNER’S SUR-REPLY ON
`REAL PARTIES IN INTEREST
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`
`
`Introduction
`On August 31, 2018, Petitioner filed an Unopposed Motion for Protective Order
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`IPR2018-00952
`Patent 9,253,239
`
`
`I.
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`in the present proceeding. See Paper 13; see also EX1025 (Modified Protective
`
`Order). Pursuant to the proposed modified Protective Order, Petitioner has produced
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`voluntary discovery to Patent Owner including (1) a sample membership agreement,
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`(2) voluntary interrogatory responses, and (3) a deposition of Petitioner’s chief
`
`executive office, Kevin Jakel. In addition, Petitioner produced to Patent Owner a
`
`sealed version of the Board’s Institution Decision in Unified Patents, Inc. v. Realtime
`
`Adaptive Streaming, LLC, IPR2018-00883.1
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`On December 3, 2018, Patent Owner filed its Sur-Reply to Petitioner’s
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`Preliminary Response on the real parties in interest issue (“Patent Owner’s Sur-Reply
`
`on RPI”) which cites to information and material disclosed in each of the documents
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`referenced above. See generally Paper 30. Patent Owner also filed a public version
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`of its Patent Owner’s Sur-Reply on RPI with the confidential information contained
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`therein redacted. See generally Paper 29.
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`For the reasons set forth below, Petitioner asserts that the unredacted Patent
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`1 A redacted public version of the Institution Decision was subsequently made
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`available in that proceeding on November 27, 2018. See Unified Patents, Inc. v.
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`Realtime Adaptive Streaming, LLC, IPR2018-00883, Paper 29 (Oct. 11, 2018).
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`1
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`IPR2018-00952
`Patent 9,253,239
`
`Owner’s Sur-Reply on RPI contains confidential information. Accordingly, Petitioner
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`hereby moves to seal the unredacted Patent Owner’s Sur-Reply on RPI and to redact
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`the confidential information from the public version of the Patent Owner’s Sur-Reply
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`on RPI. Patent Owner takes no position regarding the confidentiality of the materials
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`asserted by Unified to be confidential, but does not oppose the motion.
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`II. Motion to Seal
`Patent Owner’s Sur-Reply on RPI references and cites to certain material that
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`Petitioner produced according to voluntary discovery. That material contains
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`confidential, sensitive commercial information, including closely held information
`
`related to Unified’s core business. Petitioner submits that the unredacted version of
`
`Patent Owner’s Sur-Reply on RPI should be sealed because it contains confidential
`
`information.
`
`Pursuant to 37 C.F.R. §§ 42.14 and 42.55, Petitioner moves to seal the
`
`unredacted Patent Owner’s Sur-Reply on RPI and to redact the confidential
`
`information from Paper 29, the public version of the Patent Owner’s Sur-Reply on
`
`RPI. Patent Owner takes no position regarding the confidentiality of the materials
`
`asserted by Unified to be confidential, but does not oppose the motion.
`
`III. Good Cause Exists
`In deciding whether to seal documents, the Board must find “good cause” and
`
`must “strike a balance between the public’s interest in maintaining a complete and
`
`
`
`2
`
`
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`IPR2018-00952
`Patent 9,253,239
`
`understandable file history and the parties’ interest in protecting truly sensitive
`
`information.” Garmin v. Cuozzo, IPR2012-00001, Paper 36 (April 5, 2013).
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`Here, the balance overwhelmingly favors protecting Unified’s highly
`
`confidential information by sealing these limited redactions. The information
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`Unified seeks to protect has nothing to do with patentability, but rather involves
`
`Unified’s status as the sole real party in interest and relates to its confidential
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`business information. For this reason, the public interest in having access to the
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`unredacted Patent Owner’s Sur-Reply on RPI is minimal, while the public interest
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`is well-served in keeping such business information readily available and
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`exchangeable between parties based on voluntary discovery, without the fear of
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`incidental public exposure of confidential business information.
`
`A.
`Patent Owner’s Sur-Reply on RPI
`Patent Owner’s Sur-Reply on RPI includes both confidential and non-
`
`confidential information. Specifically, Patent Owner’s Sur-Reply on RPI includes
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`confidential information provided in the sample Member Agreement (Exhibit 2008),
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`which contain agreed-upon confidentiality provisions. See Patent Owner’s Sur-
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`Reply on RPI at iv, 6. Patent Owner’s Sur-Reply on RPI also includes confidential
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`information provided in the Transcript of Deposition of Kevin Jakel (Exhibit 2004),
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`and the Voluntary Interrogatory Responses of Kevin Jakel (Exhibit 2013). See
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`Patent Owner’s Sur-Reply on RPI at 2, 3, 4, 6.
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`
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`3
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`
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`IPR2018-00952
`Patent 9,253,239
`
`This confidential and sensitive commercial information includes closely held
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`information related to Unified’s core business, membership terms, business strategy,
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`and business financial information and constitutes highly confidential business
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`information, as well as trade secrets. Disclosure of Unified’s highly confidential
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`business information would provide Unified’s competitors and would-be business
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`rivals with a roadmap for replicating Unified’s unique, valuable business model and
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`would reveal contractual business information between two parties produced
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`voluntarily under a joint protective order. Accordingly, the public interest would be
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`served by maintaining the confidentiality of this information.
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`For the reasons set forth above, good cause exists for sealing the confidential
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`information reflected in the Patent Owner’s Sur-Reply on RPI. Petitioner hereby
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`requests that the unredacted version of the Patent Owner’s Sur-Reply on RPI be
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`sealed in its entirety and the confidential information be redacted in the public
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`version of the Patent Owner’s Sur-Reply on RPI.
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`IV. Certification of Non-Publication
`The undersigned counsel for Petitioner certifies the information sought to be
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`sealed by this Motion to Seal has not been published or otherwise made public.
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`V.
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`Protective Order
`Petitioner filed an Unopposed Motion for Protective Order on August 31,
`
`2018, on which the Board has not yet issued a decision. The information subject to
`
`
`
`4
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`
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`IPR2018-00952
`Patent 9,253,239
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`the instant unopposed Motion to Seal was all voluntarily produced under that joint
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`protective order signed by both parties. Petitioner moves under the agreed-upon
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`Motion to Seal filed with the Unopposed Motion for Protective Order. Patent Owner
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`takes no position regarding the confidentiality of the materials asserted by Unified
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`to be confidential, but does not oppose the motion.
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`VI. Request for Conference Call with the Board
`Should the Board not be inclined to grant the present Motion to Seal,
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`Petitioner hereby requests a conference call with the Board to discuss any concerns
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`prior to the Board issuing a decision on the Motion.
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`Unified Patents Inc.
`
`By:/ Jonathan E Robe /
`
`
`David L. Cavanaugh
`Wilmer Cutler Pickering Hale and Dorr LLP
`1875 Pennsylvania Avenue, NW
`Washington, DC 20006
`david.cavanaugh@wilmerhale.com
`
`Daniel V. Williams
`Wilmer Cutler Pickering Hale and Dorr LLP
`1875 Pennsylvania Avenue, NW
`Washington, DC 20006
`daniel.williams@wilmerhale.com
`
`
`
`5
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`
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`IPR2018-00952
`Patent 9,253,239
`
`
`
`
`
`Jonathan E. Robe
`Wilmer Cutler Pickering Hale and Dorr LLP
`1875 Pennsylvania Avenue, NW
`Washington, DC 20006
`jonathan.robe@wilmerhale.com
`
`Jonathan Stroud
`Unified Patents Inc.
`1875 Connecticut Ave., NW. Floor 10
`Washington, D.C., 20009
`jonathan@unifiedpatents.com
`
`Roshan S. Mansinghani
`Unified Patents Inc.
`13355 Noel Road, Suite 1100
`Dallas, TX 75240
`Tel: (214) 945-0200
`Email: roshan@unifiedpatents.com
`
`
`
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`6
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`
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`CERTIFICATE OF SERVICE
`I hereby certify that on February 4, 2019, I caused a true and correct copy of
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`IPR2018-00952
`Patent 9,253,239
`
`
`the foregoing Motion to Seal to be served via electronic mail to the attorneys of
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`record at the following email addresses:
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`
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`
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`Chris J. Coulson
`Email ccoulson@bdiplaw.com
`
`Michael N. Zachary
`Email mzachary@bdiplaw.com
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`Michael E. Shanahan
`Email: mshanahan@generalpatent.com
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`Respectfully submitted,
`
`/ Jonathan E Robe /
`
`Jonathan E. Robe, Reg. No. 76,033
`WILMER CUTLER PICKERING
`HALE AND DORR LLP
`1875 Pennsylvania Avenue NW
`Washington, DC 20006
`Tel: (202) 663-6000
`Fax: (202) 663-6363
`
`i
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