`
`
`
`
`
`Filed: August 26, 2019
`
`
`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.
`Patent Owner
`
`____________________
`
`Case IPR2018-01257
`Patent No. 8,552,978
`____________________
`
`
`PATENT OWNER’S MOTION TO SEAL EXHIBIT 2034
`AND EXHIBIT 1043
`
`
`
`
`
`Case IPR2018-01257
`Patent No. 8,552,978
`
`LIST OF EXHIBITS
`
`Declaration of Dr. Gary L. Blank [WITHDRAWN]
`
`Curriculum Vitae of Dr. Gary L. Blank CV [WITHDRAWN]
`
`Claim Construction Opinion and Order (Doc. 117), Cywee
`Group Ltd. v. Samsung Elecs. Co., Ltd., C.A. No. 2:17-CV-
`00140-WCB-RSP (E.D. Tex., July 9, 2018)
`
`
`
`Expert Declaration of Dr. Joseph LaViola, Ph.D., in Support
`of Patent Owner Response
`
`Curriculum Vitae of Dr. Joseph LaViola, Ph.D.
`
`Order (Doc. 153), Cywee Group Ltd. v. Samsung Elecs. Co.,
`Ltd., C.A. No. 2:17-CV-00140-WCB-RSP (E.D. Tex., Aug.
`14, 2018)
`
`Memorandum Opinion (Doc. 55), CyWee Group Ltd. v.
`Motorola Mobility LLC, C.A. No. 17-780-RGA (D. Del.,
`Dec. 21, 2018)
`
`File History of U.S. Application No. 10/396,439
`
`File History of U.S. Application No. 12/413,722
`
`File History of U.S. Application No. 13/367,058
`
`Expert Declaration of Dr. Joseph LaViola, Ph.D., in Support
`of Motion to Amend
`
`File History of U.S. Provisional Application 61/292,558
`
`Google’s Responses to CyWee’s Requests for Production,
`CyWee Group Ltd. v. Google, Inc., No. 1:18-cv-00571 (D.
`Del.) (Sep. 4, 2018)
`
`i
`
`
`
`
`2001
`
`2002
`
`2003
`
`2004
`
`2005
`
`2006
`
`2007
`
`2008
`
`2009
`
`2010
`
`2011
`
`2012
`
`2013
`
`
`
`
`
`Case IPR2018-01257
`Patent No. 8,552,978
`
`Google/Samsung 2011-2012 Mobile Application Distribution
`Agreement (Android)
`
`CyWee Group, Ltd. v. Samsung Elecs. Co. Ltd., C.A. No.
`2:17-CV-00140-WCB-RSP, Doc.
`1-1
`(Exhibit A,
`Infringement Claim Chart)
`
`Web Print-Out “Introducing PAX: the Android Networked
`Cross-License Agreement,” available at
`<https://blog.google/outreach-initiatives/public-
`policy/introducing-pax-android-networked-cross-license-
`agreement/>
`
`List of IPR Petitions Filed against Seven Networks, LLC
`
`Demonstrative: Relationship of Android Defendants
`
`Transcript of Call Authorizing Patent Owner to File Motion
`to Terminate (July 8, 2019)
`
`Declaration of Shun-nan Liou
`
`CyWee, Where Technology Entertains 2009.09
`
`JIL Game System Hardware Specification Ver. 1.5
`
`JIL Phone Bill of Materials (May 24, 2010)
`
`Photographs of JIL Phone Prototype
`
`CyWee Phone API Reference
`
`CyWee Motion Fusion Solution
`
`CyWee Where technology entertains Technical Presentation:
`Motion Technology and Gaming Applications
`
`
`ii
`
`
`2014
`
`2015
`
`2016
`
`2017
`
`2018
`
`2019
`
`2020
`
`2021
`
`2022
`
`2023
`
`2024
`
`2025
`
`2026
`
`2027
`
`
`
`
`
`Case IPR2018-01257
`Patent No. 8,552,978
`
`July 29, 2009 email to James Shen, Qualcomm
`
`Attachment to July 29, 2009 email to James Shen,
`Qualcomm
`
`CyWee/Qualcomm Mutual NDA (April 23, 2008)
`
`Attitude.cpp file (last modified February 12, 2010)
`
`Expert Declaration of Dr. Joseph LaViola, Ph.D., in Support
`of Patent Owner’s Reply in Support of Motion to Amend
`
`Transcript of Deposition of Prof. Majid Sarrafzadeh (July 24,
`2019)
`
`Attitude.cpp file, with Line Numbers (last modified February
`12, 2010)
`
`
`2028
`
`2029
`
`2030
`
`2031
`
`2032
`
`2033
`
`2034
`
`
`
`
`
`iii
`
`
`
`Pursuant to 37 C.F.R. § 42.14 and the Board’s Scheduling Order (Paper 9),
`
`Case IPR2018-01257
`Patent No. 8,552,978
`
`
`
`Patent Owner respectfully requests that Exhibit 2034, which by agreement of the
`
`parties shall be another version of Exhibit 2031 submitted with Patent Owner’s
`
`Reply In Support of Motion to Amend, be sealed and not made available to the
`
`public. Exhibit 2031 is source code and was previously filed under seal by Patent
`
`Owner. Exhibit 2034 is substantively identical to Exhibit 2031 but contains line
`
`numbers for ease of readability. Like Exhibit 2031, Exhibit 2034 contains valuable
`
`and sensitive commercial information of Patent Owner that is not available to the
`
`public. The same document is subject to the Protective Order entered in the related
`
`district court action. Exhibit 2034 was entered as an exhibit in the August 13,
`
`2019, deposition of Dr. Joseph LaViola and Petitioner does not object to Patent
`
`Owner’s filing of and reliance on Exhibit 2034.
`
`Petitioner has informed Patent Owner that it will file the August 13, 2019,
`
`deposition transcript of Dr. Joseph LaViola as Exhibit 1043 to be submitted with
`
`its Sur-Reply to Patent Owner’s Motion to Amend. Petitioner has informed Patent
`
`Owner that it will file a redacted version of that deposition transcript available to
`
`the public as Exhibit 1048 to its same Sur-Reply. Petitioner has requested that
`
`Patent Owner file a Motion to Seal for Exhibit 1043. Patent Owner therefore
`
`respectfully requests that Exhibit 1043 be sealed and not made available to the
`
`public. Exhibit 1043 contains valuable and sensitive commercial information of
`
`
`
`1
`
`
`
`
`Patent Owner that is not available to the public, namely, testimony regarding the
`
`Case IPR2018-01257
`Patent No. 8,552,978
`
`source code filed as Exhibits 2031 and 2034.
`
`The parties filed a Joint Motion to Modify the Default Protective Order
`
`(Paper 56) on August 13, 2019. Patent Owner requests that Exhibits 2034 and
`
`1043 be
`
`treated as “HIGHLY CONFIDENTIAL PROTECTIVE ORDER
`
`MATERIAL” according to the terms of the agreed upon Modified Protective Order
`
`Respectfully submitted,
`
`
`
`
`
`/Jay P. Kesan/
`Jay P. Kesan
`Reg. No. 37,488
`
`Counsel for Patent Owner
`Cywee Group Ltd.
`
`in that Motion (Attachment A).
`
`
`
`
`
`
`
`
`
` Dated: August 26, 2019
`
`
`
`
`
`
`
`
`
`
`
`2
`
`
`
`
`
`Certificate of Service
`
`Case IPR2018-01257
`Patent No. 8,552,978
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on the date
`
`indicated below, a complete and entire copy of this submission, including the
`
`exhibits hereto, was provided by email to Petitioners’ counsel via email, as agreed
`
`to by Petitioners’ Service Information in the Petition submissions, by serving the
`
`email addresses of record as follows:
`
`Counsel for Google:
`
`Matthew A. Smith
`smith@smithbaluch.com
`
`
`
`Andrew S. Baluch
`baluch@smithbaluch.com
`
`
`
`
`
`Yeuzhong Feng
`yfeng@brinksgilson.com
`
`ZTE_CyweeIPRs@brinksgilson.com
`
`
`Christopher M. Colice
`colice@smithbaluch.com
`
`Counsel for ZTE:
`
`James R. Sobieraj
`jsobierah@brinksgilson.com
`
`Andrea Shoffstall
`ashoffstall@brinksgilson.com
`
`Counsel for Samsung:
`
`Naveen Modi
`Chetan Bansal
`PH-Samsung-Cywee-IPR@paulhastings.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`Counsel for LG:
`
`Collin Park
`collin.park@morganlewis.com
`
`Jeremy Peterson
`jeremy.peterson@morganlewis.com
`
`Case IPR2018-01257
`Patent No. 8,552,978
`
`
`
`Andrew Devkar
`andrew.devkar@morganlewis.com
`
`Adam Brooke
`adam.brooke@morganlewis.com
`
`
`
`
`
`
`
`
`
`
`
`
`/Jay P. Kesan/
`Jay P. Kesan
`Reg. No. 37,488
`
`Counsel for Patent Owner
`Cywee Group Ltd.
`
`MLB_CyweevsLGE@morganlewis.com
`
`Counsel for Huawei:
`
`Kristopher L. Reed
`Benjamin M. Kleinman
`Norris P. Boothe
`HuaweiCywee@kilpatricktownsend.com
`
`
`
`
`Dated: August 26, 2019
`
`
`
`
`
`
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
