IPR2020-00034
`U.S. Patent No. 8,023,580
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
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`APPLE INC.,
`
`Petitioner,
`
`v.
`
`REMBRANDT WIRELESS TECHNOLOGIES, LP,
`
`Patent Owner.
`
`____________
`
`Case IPR2020-00034
`
`U.S. Patent No. 8,023,580
`
`____________
`
`PETITIONER’S UNOPPOSED MOTION TO EXPUNGE
`CONFIDENTIAL INFORMATION UNDER SEAL
`
`
`U.S. Patent No. 8,023,580
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`APPLE INC.,
`
`Petitioner,
`
`v.
`
`REMBRANDT WIRELESS TECHNOLOGIES, LP,
`
`Patent Owner.
`
`____________
`
`Case IPR2020-00034
`
`U.S. Patent No. 8,023,580
`
`____________
`
`PETITIONER’S UNOPPOSED MOTION TO EXPUNGE
`CONFIDENTIAL INFORMATION UNDER SEAL
`
`
`
`IPR2020-00034
`U.S. Patent No. 8,023,580
`
`Pursuant to 37 C.F.R. § 42.56, and authorization received via email from the
`
`Patent Trial and Appeal Board (the “Board”) on March 27, 2020, Petitioner Apple
`
`Inc. (“Petitioner”) hereby moves for an order expunging protected documents filed
`
`under seal in this proceeding, namely the under seal version of the Petition (Paper 3)
`
`and Exhibit 1133. These documents disclose and discuss information that is
`
`confidential to Apple and a third party. Accordingly, Petitioner hereby moves to
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`expunge the confidential information currently under seal.
`
`If the Board is not inclined to grant this Motion, the parties respectfully
`
`request a conference call with the Board to discuss the issues raised in this Motion
`
`before any information becomes irreversibly public.
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`I. BACKGROUND
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`Petitioner filed a motion to seal (Paper 4) Exhibit 1133 and the limited portion
`
`of its Petition discussing the contents of Exhibit 1133 (Paper 3) because these
`
`materials contain highly confidential information belonging to a third party and
`
`Apple. In proceedings on a related patent, the Board granted Petitioner’s motion to
`
`seal identical material (IPR2020-00036, Paper 10), finding good cause exists for
`
`sealing the confidential information.
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`II. CONFIDENTIAL DOCUMENTS SHOULD BE EXPUNGED.
`
`Petitioner requests that Exhibit 1133 and the under seal version of the Petition
`
`(Paper 3) be expunged from the record.
`
`1
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`
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`IPR2020-00034
`U.S. Patent No. 8,023,580
`
`“A party seeking to maintain the confidentiality of information, however, may
`
`file a motion to expunge the information from the record prior to the information
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`becoming public.” Trial Practice Guide, 77 Fed. Reg. at 48,761. The moving party
`
`has the burden to establish that it is entitled to the requested relief. 37 C.F.R. §
`
`42.20(c). “Confidential information” is protected from disclosure by statute. 35
`
`U.S.C. § 316(a)(7). “Confidential information” is defined as “trade secret or other
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`confidential research, development, or commercial information.” 37 C.F.R. § 42.2.
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`The standard for granting a motion to seal confidential information is “for
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`good cause.” 37 C.F.R. § 42.54. For example, where the details of the confidential
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`business or commercial information are unimportant to the merits of the case and
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`the public’s interest in having access to such information is minimal, such
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`information may be sealed for good cause. See 37 C.F.R. § 42.54(a)(7); Patent Trial
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`Practice Guide, 77 Fed. Reg. 48,756, 48,760. Where the Final Decision does not
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`rely (or only minimally relies) on the confidential information, the Board has granted
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`motions to expunge, finding that there is limited public interest in the confidential
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`information and the record is minimally affected. See e.g., Unverferth Mfg. Co. v.
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`J&M Mfg. Co., IPR2015-00758, Paper 29 at 2 (P.T.A.B. Sept. 30, 2015) (granting
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`the motion because the final decision did not rely upon the exhibit 5 at issue and “the
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`file and decision remain understandable in the absence of” the exhibit). Confidential
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`information will ordinarily become public after the final judgment in an IPR unless
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`2
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`
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`IPR2020-00034
`U.S. Patent No. 8,023,580
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`a Board grants a motion to expunge. See Office Patent Trial Practice Guide, 77 Fed.
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`Reg. 48,756, 48,761 (Aug. 14, 2012).
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`In the current proceeding, there has been no decision on institution, thus, the
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`confidential information has not been discussed in a Board decision. In addition,
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`Patent Owner has not referenced Exhibit 1133 or the limited portion of its Petition
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`discussing the contents of Exhibit 1133 in any of Patent Owner’s submissions.
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`Accordingly, the public’s interest in having access to such information is very
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`minimal, and such information should be expunged for good cause.
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`Petitioner respectfully submits that good cause exists here and thus requests
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`that the Board expunge the under seal version of the Petition (Paper 3) and Exhibit
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`1133 due to the confidential nature of the information in those documents. Petitioner
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`has conferred with Patent Owner and Patent Owner does not oppose the request to
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`expunge Petitioner’s confidential submissions.
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`III. CONCLUSION
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`For the reasons set forth above in detail, Petitioner respectfully requests that
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`its Motion to Expunge Confidential Information Under Seal be granted.
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`
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`Dated: March 27, 2020
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`
`
`By: _/Mark D. Rowland/______________________
`
`Mark D. Rowland (Reg. No. 32,077) (Lead)
`
`Gabrielle E. Higgins (Reg. No. 38,916) (Back-up)
`ROPES & GRAY LLP
`
`1900 University Avenue, 6th Floor
`
`
`3
`
`
`
`
`IPR2020-00034
`U.S. Patent No. 8,023,580
`
`East Palo Alto, CA 94303-2284
`Phone: 650-617-4000
`Fax: 617-235-9492
`mark.rowland@ropesgray.com
`gabrielle.higgins@ropesgray.com
`
`Attorneys for APPLE INC.
`
`
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`4
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`IPR2020-00034
`U.S. Patent No. 8,023,580
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that a copy of the foregoing PETITIONER’S
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`UNOPPOSED MOTION TO EXPUNGE CONFIDENTIAL INFORMATION
`
`UNDER SEAL was served in its entirety by causing the aforementioned document
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`to be electronically mailed, pursuant to the parties’ agreement to the following
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`attorneys of record for the Patent Owner listed below:
`
`Jason Shapiro
`Mark J. DeBoy
`Edell, Shapiro and Finnan, LLC
`9801 Washingtonian Boulevard
`Suite 750
`Gaithersburg, Maryland 20878
`js@usiplaw.com
`mjd@usiplaw.com
`Tel: (301) 424-3640
`Fax: (301) 762-4056
`
`Nancy Linck
`646 Westbourne Street
`La Jolla, CA 92037
`nancylinck@outlook.com
`Tel: (858) 255-8043
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`Counsel for Patent Owner Rembrandt Wireless Technologies, LP
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`Dated: March 30, 2020
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`ROPES & GRAY LLP
`
`
`By: /Crena Pacheco/
`Name: Crena Pacheco
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`
`
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`
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