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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`GOOGLE LLC, ZTE (USA), INC., SAMSUNG ELECTRONICS CO., LTD.,
`LG ELECTRONICS INC., HUAWEI DEVICE USA, INC.,
`HUAWEI DEVICE CO. LTD., HUAWEI TECHNOLOGIES CO. LTD.,
`HUAWEI DEVICE (DONGGUAN) CO. LTD.,
`HUAWEI INVESTMENT & HOLDING CO. LTD.,
`HUAWEI TECH. INVESTMENT CO. LTD., and
`HUAWEI DEVICE (HONG KONG) CO. LTD.,
`
`Petitioner
`
`v.
`
`Cywee Group Ltd.
`
`(record) Patent Owner
`
`IPR2018-01257
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`Patent No. 8,552,978
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`
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`PETITIONER GOOGLE’S MOTION TO SEAL
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`IPR2018-01257
`Patent No. 8,552,978
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`Petitioner Google LLC (“Google”) requests that footnote 1 of its
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`Opposition to Patent Owner’s Motion to Terminate (“Opposition”) be sealed
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`under 37 C.F.R. § 42.55. Good cause to seal exists because the redaction is very
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`limited and seeks to protect certain sensitive, non-public information that a
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`business would not make public.
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`I.
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`GOVERNING RULES AND PTAB GUIDANCE
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`Under 35 U.S.C. § 316(a)(1), the default rule is that all papers filed in an
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`inter partes review are open and available for access by the public, but a party
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`may file a concurrent motion to seal and the information at issue is sealed pending
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`the outcome of the motion.
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`Similarly, 37 C.F.R. § 42.14 provides:
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`The record of a proceeding, including documents
`and things, shall be made available to the public, except as
`otherwise ordered. A party intending a document or thing
`to be sealed shall file a motion to seal concurrent with the
`filing of the document or thing to be sealed. The document
`or thing shall be provisionally sealed on receipt of the
`motion and remain so pending the outcome of the decision
`on the motion.
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`It is, however, only “confidential information” that is protected from
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`disclosure. 35 U.S.C. § 316(a)(7) (“The Director shall prescribe regulations …
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`providing for protective orders governing the exchange and submission of
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`2
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`IPR2018-01257
`Patent No. 8,552,978
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`confidential information”). In that regard, the Office Trial Practice Guide, 77
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`Fed. Reg. 48756, 48760 (Aug. 14, 2012) provides:
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`The rules aim to strike a balance between the
`public’s
`interest
`in maintaining a complete and
`understandable file history and the parties’ interest in
`protecting truly sensitive information.
`* * *
`
`Information: The
`Confidential
`identify
`rules
`confidential information in a manner consistent with
`Federal Rule of Civil Procedure 26(c)(1)(G), which
`provides for protective orders for trade secret or other
`confidential
`research, development, or commercial
`information. § 42.54.
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`Under 37 C.F.R. § 42.55, a “petitioner filing confidential information with
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`a petition may, concurrent with the filing of the petition, file a motion to seal with
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`a proposed protective order as to the confidential information.”
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`II.
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`IDENTIFICATION OF CONFIDENTIAL INFORMATION
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`The confidential information that Google moves to seal consists of internal
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`corporate policies and business practices. Specifically, footnote 1 of the
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`Opposition contains sensitive internal business information pertaining to the
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`existence or non-existence of certain legal arrangements and/or business
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`relationships. Petitioner certifies that the full extent of this information has not
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`3
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`IPR2018-01257
`Patent No. 8,552,978
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`been published or otherwise been made public.
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`III. GOOD CAUSE EXISTS FOR SEALING THE CONFIDENTIAL
`INFORMATION
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`The Board routinely seals confidential, internal and sensitive business
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`information. See, e.g., Tandus Flooring, Inc. v. Interface, Inc., IPR2013-00333,
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`Paper 60 (P.T.A.B. Aug. 8, 2014). Here, the information contained in footnote 1
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`of the Opposition consists of confidential, internal, and sensitive business
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`information. Good cause exists to seal and keep this information confidential
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`because the extent of the redaction is very limited and because the information
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`would be valuable to competitors and harmful to Google if made public.
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`Accordingly, as in Tandus, the Board should seal and keep this information
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`confidential.
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`IV. PROPOSED PROTECTIVE ORDER
`Counsel for Google have made good faith attempts to agree to a Protective
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`Order with counsel for CyWee. Although both parties have conferred and are in
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`general agreement regarding the need to modify the Default Protective Order by
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`establishing an Outside-Counsel-Only category of protection (which would
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`govern both CyWee’s Exhibit 2031, as well as footnote 1 of Google’s
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`Opposition), the parties remain in negotiations over the precise scope of the
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`modifications. Google will promptly confer with CyWee and submit a proposed
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`4
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`IPR2018-01257
`Patent No. 8,552,978
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`Protective Order for this matter. Until that time, Google requests that footnote 1
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`of the Opposition remain sealed.
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`Dated: August 9, 2019
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`
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`
`
`/Andrew S. Baluch/
`Andrew S. Baluch (Reg. No. 57,503)
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`5
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`IPR2018-01257
`Patent No. 8,552,978
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that the foregoing Motion to Seal was served
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`by electronic mail on August 9, 2019, on all counsel of record at the USPTO having
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`the following addresses:
`
`Counsel for CyWee:
`Jay Kesan
`
`jay@jaykesan.com;
`Cecil Key
`
`cecil@keyiplaw.com
`Ari Rafilson
`arafilson@shorechan.com;
`Michael Shore
`mshore@ShoreChan.com
`
`Counsel for ZTE:
`James R. Sobieraj jsobierah@brinksgilson.com
`Yeuzhong Feng
`yfeng@brinksgilson.com
`Andrea Shoffstall ashoffstall@brinksgilson.com
`ZTE_CyweeIPRs@brinksgilson.com
`
`
`Counsel for Samsung:
`Naveen Modi
`Chetan Bansal
`
`PH-Samsung-Cywee-IPR@paulhastings.com
`
`
`Counsel for LG:
`Collin Park
`Andrew Devkar
`Jeremy Peterson
`Adam Brooke
`
`collin.park@morganlewis.com
`andrew.devkar@morganlewis.com
`jeremy.peterson@morganlewis.com
`adam.brooke@morganlewis.com
`MLB_CyweevsLGE@morganlewis.com
`
`Counsel for Huawei:
`Kristopher L. Reed HuaweiCywee@kilpatricktownsend.com
`Benjamin M. Kleinman
`Norris P. Boothe
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`Dated: August 9, 2019
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`/Andrew S. Baluch/
`Andrew S. Baluch (Reg. No. 57,503)
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`6
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