`U.S. Patent No. 8,023,580
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________
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`APPLE INC.,
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`Petitioner,
`
`v.
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`REMBRANDT WIRELESS TECHNOLOGIES, LP,
`
`Patent Owner.
`
`____________
`
`Case IPR2020-00034
`
`U.S. Patent No. 8,023,580
`
`____________
`
`
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`PETITIONER APPLE INC.’S MOTION TO SEAL
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`
`
`
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`IPR2020-00034
`U.S. Patent No. 8,023,580
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`I.
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`STATEMENT OF PRECISE RELIEF REQUESTED
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`Pursuant to 37 C.F.R. §§ 42.14, 42.54, and 42.55, Petitioner Apple Inc.
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`(“Apple”) respectfully moves to seal Exhibit 1133 and the limited portion of its
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`Petition discussing the contents of Exhibit 1133, which are being filed concurrently
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`herewith. These materials contain highly confidential information belonging to a
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`third party and Apple. Good cause exists for sealing the identified documents in
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`accordance with the Board’s Default Protective Order and standards governing
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`sealing.
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`II. GOOD CAUSE EXISTS FOR SEALING CERTAIN CONFIDENTIAL
`INFORMATION
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`Generally, “a movant to seal must demonstrate adequately that (1) the
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`information sought to be sealed is truly confidential, (2) a concrete harm would result
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`upon public disclosure, (3) there exists a genuine need to rely in the trial on the
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`specific information sought to be sealed, and (4), on balance, an interest in
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`maintaining confidentiality outweighs the strong public interest in having an open
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`record.” Argentum Pharms. LLC v. Alcon Research, LTD., IPR2017-01053, Paper
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`27, 4. Here, sealing is appropriate because the information Apple seeks to seal is
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`confidential and commercially sensitive. Specifically, Exhibit 1133 contains letters
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`between Apple and a third party that contain discussions that are confidential and
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`commercially sensitive to Apple and the third party. The limited portion of the
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`1
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`IPR2020-00034
`U.S. Patent No. 8,023,580
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`Petition that Petitioner seeks to seal discusses the communications in Exhibit 1133.
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`Petitioner will file a redacted version of its Petition, redacting the limited portion of
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`the Petition referencing Exhibit 1133. Exhibit 1133 consists almost entirely of
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`confidential information, such that redaction would not be practical, and requires
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`filing entirely under seal.
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`Public disclosure of Exhibit 1133 and the portion of the Petition discussing
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`Exhibit 1133 would cause concrete harm to Apple and the third party whose
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`communications with Apple are reflected. Exhibit 1133 contains information about
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`the third party’s procedures for interacting with Apple. Public disclosure of this
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`information would cause commercial harm to Apple and the third party by revealing
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`competitive information, and potentially affect the business relationship between
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`those companies, as well as between each company and other companies with which
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`they transact business.
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`Apple believes that there is a genuine need to submit Exhibit 1133 and
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`reference to Exhibit 1133 in the Petition to provide the PTAB and Patent Owner with
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`information regarding Apple’s relationship with the third party who is not involved
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`in this inter partes review.
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`On balance, interests in confidentiality outweigh any public interest in an open
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`record with respect to sealing Exhibit 1133 and the limited portion of its Petition
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`discussing the contents of Exhibit 1133 in this proceeding. As explained above, the
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`2
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`IPR2020-00034
`U.S. Patent No. 8,023,580
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`documents at issue include sensitive business information relating to Apple and a
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`third party who is not involved in this inter partes review.
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`For these reasons, Apple respectfully requests sealing of Exhibit 1133 and the
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`designated portion of the Petition discussing Exhibit 1133.
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`III. SUBMISSION OF PROPOSED PROTECTIVE ORDER
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`Pursuant to 37 C.F.R. § 42.55(a), Apple requests that the Board enter the
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`Default Protective Order (77 FED. REG. 48756, 48771 (Aug. 14, 2012)) found in
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`Appendix B of the Trial Practice Guide. Upon filing of the Petition and Exhibit
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`1133, Petitioner will confer with Patent Owner Rembrandt Wireless Technologies,
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`LP (“Patent Owner”) regarding agreement to be bound by the Default Protective
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`Order and will notify the Board with respect to the Parties’ positions.
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`
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`
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`Dated: November 5, 2019
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`
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`
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`
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`
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`Respectfully submitted,
`ROPES & GRAY LLP
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`/ Gabrielle E. Higgins /
`Gabrielle E. Higgins
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`3
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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 the foregoing PETITIONER APPLE INC.’S
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`MOTION TO SEAL was served by Federal Express at the correspondence address
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`of record for U.S. Patent No. 8,023,580:
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`ROTHWELL, FIGG, ERNST & MANBECK, P.C.
`607 14TH STREET, N.W.
`SUITE 800
`WASHINGTON DC 20005
`
`
`Dated: November 5, 2019
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`
`
`/Carolyn L. Redding/
`
` Carolyn L. Redding
`
`
`
`4
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