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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`IPR2018-00952
`Patent 9,253,239
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`Unified Patents Inc.
`Petitioner
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`v.
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`Bradium Technologies LLC,
`Patent Owner
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`IPR2018-00952
`Patent 9,253,239
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`UNOPPOSED MOTION TO SEAL
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`I.
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`IPR2018-00952
`Patent 9,253,239
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`Introduction
`On August 31, 2018, Petitioner filed an Unopposed Motion for Protective
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`Order in the present proceeding. Pursuant to the proposed Protective Order,
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`Petitioner has produced voluntary discovery to Patent Owner in the form of (1)
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`voluntary responses to Patent Owner’s discovery requests submitted via email, (2)
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`voluntary interrogatory responses, and (3) a deposition of Petitioner’s chief executive
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`office, Kevin Jakel. Patent Owner is filing its Preliminary Patent Owner Response
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`which cites to information and material disclosed in each of the documents
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`referenced above.
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`For the reasons set forth below, Petitioner asserts that the sample Membership
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`Agreement and Subscription Form and Voluntary Interrogatory Responses of Kevin
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`Jakel that Petitioner produced as part of the voluntary discovery includes only
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`confidential information. Additionally, Petitioner asserts that the Transcript of
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`Deposition of Kevin Jakel contains material pertaining to confidential information.
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`Accordingly, Petitioner hereby moves to seal the Member Agreement and
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`Subscription Form, and the Voluntary Interrogatory Responses of Kevin Jakel in
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`their entireties. Petitioner also hereby moves to seal the unredacted Transcript of
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`Deposition of Kevin Jakel and the unredacted Patent Owner Preliminary Response.
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`IPR2018-00952
`Patent 9,253,239
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`II. Motion to Seal
`The Transcript of Deposition of Kevin Jakel (Exhibit 2004), the Voluntary
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`Interrogatory Responses (Exhibit 2013), and the sample Membership Agreement
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`and Subscription Form (Exhibits 2008 and 2009) that Petitioner produced
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`according to voluntary discovery, include statements that contain confidential,
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`sensitive commercial information, including closely held information related to
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`Unified’s core business. The Patent Owner Preliminary Response references and
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`cites to confidential information included in the documents listed above. Petitioner
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`submits, and without agreeing or disagreeing to the designations, Patent Owner
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`does not contest or oppose that, the sample Membership Agreement and
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`Subscription Form, and the Voluntary Interrogatory Responses of Kevin Jakel be
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`sealed, each in their entirety. Petitioner also submits, and without agreeing or
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`disagreeing to the designations, Patent Owner does not contest or oppose that, the
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`unredacted version of the Transcript of Deposition of Kevin Jakel and the
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`unredacted version of the Patent Owner Preliminary Response should be sealed.
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`The following documents filed by the Patent Owner as Board’s eyes only
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`fall into categories (1)–(3):
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`(1) Member Agreements and Subscription Forms
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`• Exhibit 2008: Member Agreement
`• Exhibit 2009: Subscription Form
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`IPR2018-00952
`Patent 9,253,239
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`(2) Testimony of Kevin Jakel
`• Exhibit 2004: Transcript of Deposition of Kevin Jakel
`• Exhibit 2013: Voluntary Interrogatory Responses of Kevin Jakel
`(3) Patent Owner Preliminary Response
`• Patent Owner Preliminary Response
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`Pursuant to 37 C.F.R. §§ 42.14 and 42.55, Petitioner moves to seal the
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`sample Membership Agreement and Subscription Form (Exhibits 2008 and 2009)
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`and the Voluntary Interrogatory Responses of Kevin Jakel (Exhibit 2013), each in
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`its entirety. Petitioner also moves to seal the unredacted Transcript of Deposition
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`of Kevin Jakel (Exhibit 2004) and the unredacted Patent Owner Preliminary
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`Response. Patent Owner does not oppose.
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`III. Good Cause Exists for Sealing These Documents
`In deciding whether to seal documents, the Board must find “good cause,”
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`and must “strike a balance between the public’s interest in maintaining a complete
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`and understandable file history and the parties’ interest in protecting truly sensitive
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`information.” Garmin v. Cuozzo, IPR2012-00001, Paper 36 (April 5, 2013).
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`Here, the balance overwhelmingly favors protecting Unified’s highly
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`confidential information. The information Unified seeks to protect has nothing to
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`IPR2018-00952
`Patent 9,253,239
`do with patentability, but rather involves Unified’s status as the real party in
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`interest. For this reason, the public interest in having access to the unredacted
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`Transcript of Deposition of Kevin Jakel (Exhibit 2004),
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`the Voluntary
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`Interrogatory Responses of Kevin Jakel (Exhibit 2013), and the sample
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`Membership Agreement and Subscription Form (Exhibits 2008 and 2009) is
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`minimal, while the public interest is well-served in keeping such business
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`information readily available and exchangeable between parties based on voluntary
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`discovery, without the fear of incidental public exposure of confidential business
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`information.
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`A. Member Agreement and Subscription Form (Exhibits 2008
`and 2009)
`The Member Agreement and Subscription Form (Exhibits 2008 and 2009)
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`contains highly confidential and extremely sensitive commercial information
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`related to Unified’s core business, including the individual contractual terms
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`between Unified and Unified’s members. Unified guards such information closely
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`as core business and contractual information, to protect its members as well as its
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`own business. Unified has not made, and does not intend to make, this information
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`publicly available.
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`Unified’s membership terms and business strategy constitute highly
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`confidential business information, as well as trade secrets. The membership terms
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`IPR2018-00952
`Patent 9,253,239
`and business strategy contain information about how Unified runs its business and
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`its contractual relationship with its members. Several potential harms would occur
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`if this highly confidential business information were to be disclosed. For example,
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`disclosure of this information to the public would provide Unified’s competitors
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`and would-be business rivals with a roadmap of how to replicate Unified’s unique,
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`valuable business model. It would reveal contractual business information
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`between two parties produced voluntarily under a joint protective order.
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`Additionally, Unified has a contractual obligation with a third party not involved in
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`this proceeding to maintain the confidentiality of this highly confidential business
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`information. Without an assurance that this highly confidential business
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`information will be protected, Unified’s members wishing to remain confidential
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`may be adversely affected. Accordingly, disclosure of this information to the
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`public would not only harm Unified, as discussed above, but would also harm a
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`third party not involved in this proceeding. Thus, the public interest will not be
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`harmed by the sealing of the confidential business information.
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`Importantly, the membership agreements contain confidentiality provisions
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`in the agreements themselves and has been marked as PROTECTIVE ORDER
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`MATERIAL in this proceeding. It is therefore respectfully requested that the
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`Member Agreement and Subscription Form be sealed.
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`IPR2018-00952
`Patent 9,253,239
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`B. Voluntary Interrogatory Responses of Kevin Jakel (Exhibit 2013)
`The Voluntary Interrogatory Responses of Kevin Jakel (Exhibit 2013)
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`include only confidential information. The Voluntary Interrogatory Responses of
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`Kevin Jakel include confidential information reflected in the sample Membership
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`Agreement and Subscription Form (Exhibits 2008 and 2009) and additional
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`confidential information pertaining to Unified’s proprietary confidential business
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`information, including information specific to the membership of specified Unified
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`members who are third parties to this proceeding. Accordingly, Petitioner
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`respectfully requests that the Voluntary Interrogatory Responses of Kevin Jakel be
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`sealed.
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`Petitioner asserts that specific details, including the identification of an
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`entity as a member of Unified, pertaining to specific entities identified in the
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`Voluntary Interrogatory Responses of Kevin Jakel is confidential information.
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`Additionally, Petitioner asserts that business expenses mentioned in the Voluntary
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`Interrogatory Responses of Kevin Jakel is confidential information. The
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`confidential information included in the Voluntary Interrogatory Responses of
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`Kevin Jakel pertains to material which Petitioner produced as part of its voluntary
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`discovery under the Protective Order to which the parties agreed.
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`IPR2018-00952
`Patent 9,253,239
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`Thus, for at least the reasons given above with respect to the Membership
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`Agreement and Subscription Form, and the additional reasons given with respect to
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`the Voluntary Interrogatory Responses of Kevin Jakel, Petitioner respectfully
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`requests that the Voluntary Interrogatory Responses of Kevin Jakel be sealed in its
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`entirety.
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`C.
`Transcript of Deposition of Kevin Jakel (Exhibit 2004)
`The Transcript of Deposition of Kevin Jakel (Exhibit 2004) contains
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`confidential information. Specifically, the Transcript of Deposition of Kevin Jakel
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`includes confidential information reflected in the sample Membership Agreement
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`and Subscription Form and additional confidential information pertaining to
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`Unified’s proprietary confidential business information, including information
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`specific to the membership of specified Unified members who are third parties to this
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`proceeding. The Transcript of Deposition of Kevin Jakel also includes material
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`pertaining to the confidential information reflected in the Voluntary Interrogatory
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`Responses of Kevin Jakel (Exhibit 2013).
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`Accordingly, Petitioner
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`respectfully
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`requests
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`that any confidential
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`information included in the Transcript of Deposition of Kevin Jakel be redacted
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`and that the unredacted version of the Transcript of Deposition of Kevin Jakel be
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`sealed for the reasons given above with respect to the Membership Agreement and
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`IPR2018-00952
`Patent 9,253,239
`Subscription Form and the Voluntary Interrogatory Responses of Kevin Jakel.
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`D.
`Patent Owner Preliminary Response
`The Patent Owner Preliminary Response includes both confidential and non-
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`confidential information. Specifically, the Patent Owner Preliminary Response
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`includes confidential information provided in the Membership Agreement and
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`Subscription Form, the Transcript of Deposition of Kevin Jakel, and the Voluntary
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`Interrogatory Responses of Kevin Jakel.
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`Accordingly, Petitioner
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`respectfully
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`requests
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`that any confidential
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`information included in the Patent Owner Preliminary Response be redacted and
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`that the unredacted version of the Patent Owner Preliminary Response be sealed
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`for the reasons given above with respect to the Membership Agreement and
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`Subscription Form, the unredacted Transcript of Deposition of Kevin Jakel, and the
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`Voluntary Interrogatory Responses of Kevin Jakel.
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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
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`IPR2018-00952
`Patent 9,253,239
`Petitioner filed an Unopposed Motion for Protective Order on August 31,
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`2018. The information subject to the instant Unopposed Motion to Seal was all
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`voluntarily produced under the joint protective order.
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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, the
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`parties hereby request a conference call with the Board to discuss any concerns prior
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`to the Board issuing a decision on the Motion
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`Unified Patents Inc.
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`By:/Jonathan E Robe/
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`David L. Cavanaugh
`Wilmer Cutler Pickering Hale and Dorr LLP
`1875 Pennsylvania Avenue, NW
`Washington, DC 20006
`david.cavanaugh@wilmerhale.com
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`Daniel V. Williams
`Wilmer Cutler Pickering Hale and Dorr LLP
`1875 Pennsylvania Avenue, NW
`Washington, DC 20006
`daniel.williams@wilmerhale.com
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`Jonathan E. Robe
`Wilmer Cutler Pickering Hale and Dorr LLP
`1875 Pennsylvania Avenue, NW
`Washington, DC 20006
`jonathan.robe@wilmerhale.com
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`Jonathan Stroud
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`10
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`IPR2018-00952
`Patent 9,253,239
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`
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`Unified Patents Inc.
`1875 Connecticut Ave., NW. Floor 10
`Washington, D.C., 20009
`jonathan@unifiedpatents.com
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`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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`CERTIFICATE OF SERVICE
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`IPR2018-00952
`Patent 9,253,239
`
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`I hereby certify that on September 24, 2018, I caused a true and correct
`copy of the foregoing Unopposed Motion to Seal to be served via electronic mail
`to the attorneys of record at the following email addresses:
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`
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`Chris J. Coulson
`Bunsow De Mory LLP
`101 Brambach Rd.
`Scarsdale, NY 10583
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`Michael N. Zachary
`Lauren N. Robinson
`Bunsow De Mory LLP
`701 El Camino Real
`Redwood City, CA 94063
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`Emails:
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`ccoulson@bdiplaw.com
`mzachary@bdiplaw.com
`lrobinson@bdiplaw.com
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`Respectfully submitted,
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`/ Jonathan E Robe /
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`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
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