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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________________
`
`YITA LLC,
`Petitioner
`
`v.
`
`MACNEIL IP LLC,
`Patent Owner
`______________________
`
`Case IPR2020-01139
`U.S. Patent No. 8,382,186
`______________________
`
`
`
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`PETITIONER YITA LLC’S MOTION UNDER 37 C.F.R. §§ 42.14 AND
`42.54 TO SEAL EXHIBIT 1048 AND ENTER PROTECTIVE ORDER
`
`
`
`
`
`Mail Stop “Patent Board”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`Case IPR2020-01139
`U.S. Patent No. 8,382,186
`
`I.
`II.
`III.
`
`TABLE OF CONTENTS
`
`INTRODUCTION ....................................................................................... 1
`GOVERNING RULES AND PTAB GUIDANCE....................................... 1
`IDENTIFICATION OF CONFIDENTIAL INFORMATION AND
`CERTIFICATION THAT THE CONFIDENTIAL INFORMATION
`SOUGHT TO BE PROTECTED HAS NOT BEEN MADE PUBLICLY
`AVAILABLE .............................................................................................. 2
`IV. GOOD CAUSE EXISTS FOR SEALING THE CONFIDENTIAL
`INFORMATION. ........................................................................................ 2
`RELIEF REQUESTED ................................................................................ 3
`
`V.
`
`
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`
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`- i -
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`Case IPR2020-01139
`U.S. Patent No. 8,382,186
`
`I.
`
`INTRODUCTION
`Petitioner Yita LLC (“Petitioner”), requests that the confidential version of
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`Exhibit 1048 (“the Granger deposition transcript”) be sealed under 37 C.F.R. §§
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`42.14 and 42.54. Good cause to seal the Granger deposition transcript exists
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`because Patent Owner has represented that certain information in the Granger
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`deposition transcript is sensitive, non-public information that a business would not
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`make public. Petitioner therefore submits this Motion to Seal the confidential
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`version of the Grainger deposition transcript (EX1048) under the Board’s Default
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`Protective Order already entered in this case1. (See Paper 48).
`
`Pursuant to 37 C.F.R. § 42.54(a), Petitioner’s counsel conferred in good
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`faith with Patent Owner’s counsel in an attempt to resolve any dispute about this
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`Motion. Patent Owner does not oppose this motion.
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`II. GOVERNING RULES AND PTAB GUIDANCE
`In determining whether to grant a Motion to Seal, the Board must find “good
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`cause,” 37 C.F.R. § 42.54(a), and “strike a balance between the public’s interest in
`
`maintaining a complete and understandable file history and the parties’ interest in
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`protecting truly sensitive information,” Consolidated Trial Practice Guide,
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`November 2019 (“TPG”), 19. The Board identifies confidential information in a
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`1 Petitioner currently takes no position on whether the information Patent
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`Owner has indicated is confidential is, in fact, confidential.
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`- 1 -
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`Case IPR2020-01139
`U.S. Patent No. 8,382,186
`manner “consistent with Federal Rule of Civil Procedure 26(c)(1)(G), which
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`provides for protective orders for … confidential research, development, or
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`commercial information.” TPG, 19.
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`Based on the procedure provided in the TPG, Petitioner seeks to prevent the
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`disclosure of sensitive information that Patent Owner has represented is contained
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`in the Granger deposition transcript.
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`III.
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`IDENTIFICATION OF CONFIDENTIAL INFORMATION AND
`CERTIFICATION THAT THE CONFIDENTIAL INFORMATION
`SOUGHT TO BE PROTECTED HAS NOT BEEN MADE PUBLICLY
`AVAILABLE
`Patent Owner has represented to Petitioner that certain information in the
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`Granger deposition transcript is confidential and thus has not been published or
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`otherwise made public.
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`To the best of Petitioner’s knowledge, the information sought to be sealed
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`has not been published or otherwise made public.
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`IV. GOOD CAUSE EXISTS FOR SEALING THE CONFIDENTIAL
`INFORMATION.
`Patent Owner has represented that public disclosure of the Granger
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`deposition transcript would significantly harm Patent Owner.
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`The public interest also will not be harmed by granting this Motion to Seal
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`the documents as “PROTECTIVE ORDER MATERIAL,” because a redacted
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`- 2 -
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`Case IPR2020-01139
`U.S. Patent No. 8,382,186
`version of the Granger deposition transcript (incorporating redactions provided by
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`counsel for Patent Owner) is filed publicly herewith.
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`In short, according to Patent Owner’s representations about the information,
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`granting this Motion to Seal would achieve “a balance between the public’s
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`interest in maintaining a complete and understandable file history and the parties’
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`interest in protecting truly sensitive information.” 77 Fed. Reg. at 48,760.
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`Therefore, good cause exists for granting this motion to seal.
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`V. RELIEF REQUESTED
`For the reasons stated above, Petitioner requests that the Board seal and
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`protect Exhibit 1048, the Granger deposition transcript under the Board’s Default
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`Protective Order already entered in this proceeding. (See Paper 48). Petitioner
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`further requests that the Board seal and protect the confidential information in this
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`document until such time as it receives and rules on this Motion.
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`Respectfully submitted,
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
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`/Jason A. Fitzsimmons/
`
`Jason A. Fitzsimmons (Reg. No. 65,367)
`Attorney for Petitioner
`
`Date: August 24, 2021
`1100 New York Avenue, N.W.
`Washington, D.C. 20008
`(202) 371-2600
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`- 3 -
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`Case IPR2020-01139
`U.S. Patent No. 8,382,186
`CERTIFICATE OF SERVICE (37 C.F.R. § 42.6(e))
`The undersigned hereby certifies that a true and correct copy of the
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`
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`foregoing PETITIONER YITA LLC’S MOTION UNDER 37 C.F.R. §§ 42.14
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`AND 42.54 TO SEAL EXHIBIT 1048 AND ENTER PROTECTIVE ORDER
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`was served electronically via e-mail on August 24, 2021, in its entirety on the
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`following counsel of record for Patent Owner:
`
`
`David G. Wille (Lead Counsel)
`Chad C. Walters (Back-up Counsel)
`Clarke W. Stavinoha (Back-up Counsel)
`BAKER BOTTS L.L.P.
`david.wille@bakerbotts.com
`chad.walters@bakerbotts.com
`clarke.stavinoha@bakerbotts.com
`
`Jefferson Perkins (Back-up Counsel)
`PERKINS IP LAW GROUP LLC
`jperkins@perkinsip.com
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`Respectfully submitted,
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/Jason A. Fitzsimmons/
`
`Jason A. Fitzsimmons (Reg. No. 65,367)
`Attorney for Petitioner
`
`Date: August 24, 2021
`
`1100 New York Avenue, N.W.
`Washington, D.C. 20008
`(202) 371-2600
`
`17217752_1.docx
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