UNITED STATES PATENT AND TRADEMARK OFFICE
`
`______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________________
`
`DISH NETWORK L.L.C., AT&T SERVICES, INC.,
`And DIRECTV, LLC,1
`Petitioner
`
`v.
`
`BROADBAND ITV, INC.,
`Patent Owner
`______________________
`
`Case IPR2020-01267
`U.S. Patent No. 10,028,026
`______________________
`
`PATENT OWNER’S MOTION UNDER 37 C.F.R. §§ 42.14 AND 42.54 TO
`SEAL PATENT OWNER’S SUR-REPLY TO PETITIONER’S REPLY
`
`Mail Stop “Patent Board”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`1 AT&T Services, Inc. and DIRECTV, LLC filed a motion for joinder and a
`petition in Case IPR2021-00556, which were granted, and, therefore, have been
`joined as petitioners in this proceeding.
`
`
`
`______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________________
`
`DISH NETWORK L.L.C., AT&T SERVICES, INC.,
`And DIRECTV, LLC,1
`Petitioner
`
`v.
`
`BROADBAND ITV, INC.,
`Patent Owner
`______________________
`
`Case IPR2020-01267
`U.S. Patent No. 10,028,026
`______________________
`
`PATENT OWNER’S MOTION UNDER 37 C.F.R. §§ 42.14 AND 42.54 TO
`SEAL PATENT OWNER’S SUR-REPLY TO PETITIONER’S REPLY
`
`Mail Stop “Patent Board”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`1 AT&T Services, Inc. and DIRECTV, LLC filed a motion for joinder and a
`petition in Case IPR2021-00556, which were granted, and, therefore, have been
`joined as petitioners in this proceeding.
`
`
`
`Case IPR2020-01267
`U.S. Patent No. 10,028,026
`
`I.
`II.
`III.
`
`TABLE OF CONTENTS
`
`INTRODUCTION ........................................................................................... 1
`GOVERNING RULES AND PTAB GUIDANCE ......................................... 2
`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. ............................................................................................ 3
`RELIEF REQUESTED ................................................................................... 4
`
`V.
`
`
`
`
`
`- i -
`
`
`
`Case IPR2020-01267
`U.S. Patent No. 10,028,026
`
`I.
`
`INTRODUCTION
`Patent Owner Broadband iTV, Inc. (“Patent Owner”), requests that the
`
`confidential version of Patent Owner’s Sur-Reply to Petitioner’s Reply (“Sur-
`
`Reply”) be sealed under 37 C.F.R. §§ 42.14 and 42.54. Good cause to seal the Sur-
`
`Reply exists because certain information in the Sur-Reply is sensitive, non-public
`
`information that a business would not make public. This information relates to the
`
`same exhibits that Patent Owner previously sought to seal. See Paper 37. Patent
`
`Owner therefore submits this Motion to Seal the confidential version of the Sur-
`
`Reply under the Board’s Default Protective Order, previously requested to be
`
`entered in this case. Id.
`
`Pursuant to 37 C.F.R. § 42.54(a), Patent Owner’s counsel previously
`
`conferred in good faith with Petitioner’s counsel in an attempt to resolve any
`
`dispute about the information requested to be sealed with this Motion. Counsel for
`
`Petitioner indicated:
`
`We are not generally opposed to filings under seal and use of the
`default protective order in appropriate circumstances. But, given that
`we do not know what type of information you contend is confidential,
`we are not in a position to determine whether or not we oppose at this
`time.
`
`EX2186.
`
`- 1 -
`
`
`
`Case IPR2020-01267
`U.S. Patent No. 10,028,026
`II. GOVERNING RULES AND PTAB GUIDANCE
`In determining whether to grant a Motion to Seal, the Board must find “good
`
`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
`
`protecting truly sensitive information,” Consolidated Trial Practice Guide,
`
`November 2019 (“TPG”), 19. The Board identifies confidential information in a
`
`manner “consistent with Federal Rule of Civil Procedure 26(c)(1)(G), which
`
`provides for protective orders for … confidential research, development, or
`
`commercial information.” TPG, 19.
`
`Based on the procedure provided in the TPG, Petitioner seeks to prevent the
`
`disclosure of sensitive information that is contained in the Sur-Reply.
`
`III.
`
`IDENTIFICATION OF CONFIDENTIAL INFORMATION AND
`CERTIFICATION THAT THE CONFIDENTIAL INFORMATION
`SOUGHT TO BE PROTECTED HAS NOT BEEN MADE PUBLICLY
`AVAILABLE
`Patent Owner states that certain information in the Sur-Reply is confidential
`
`and thus has not been published or otherwise made public. This information relates
`
`to exhibits previously filed under seal, including Exhibits 2061 and 2070. Patent
`
`Owner certifies that, to the best of its knowledge, the information sought to be
`
`sealed has not been published or otherwise made public.
`
`
`
`- 2 -
`
`
`
`Case IPR2020-01267
`U.S. Patent No. 10,028,026
`IV. GOOD CAUSE EXISTS FOR SEALING THE CONFIDENTIAL
`INFORMATION.
`The Board routinely seals technical documents and papers referencing
`
`information found therein. See, e.g., Samsung Electronics Co., Ltd. v. NVIDIA
`
`Corp., IPR2015-01070, Paper 33 (P.T.A.B. Mar. 24, 2016); Riverbed Technology,
`
`Inc. v. Silver Peak Systems, Inc., IPR2014-00245, Paper 26 (P.T.A.B. Nov. 19,
`
`2014); Caterpillar Inc. v. Wirtgen America Inc., IPR2017-02185, Paper 42 (May 3,
`
`2019). Here, while some portions of the Sur-Reply are not confidential, portions of
`
`the Sur-Reply reference information found in confidential technical documents
`
`describing, for example, products under development. Good cause exists to seal
`
`and keep this information confidential because it includes details which would be
`
`valuable to Patent Owner’s competitors and harmful to Patent Owner and possibly
`
`third parties if made public. Accordingly, Board should seal and keep this
`
`information confidential.
`
`The public interest also will not be harmed by granting this Motion to Seal
`
`the confidential version of the Sur-Reply as “PROTECTIVE ORDER
`
`MATERIAL,” because a redacted version of the Sur-Reply is filed publicly
`
`herewith. In short, granting this Motion to Seal would achieve “a balance between
`
`the public’s interest in maintaining a complete and understandable file history and
`
`the parties’ interest in protecting truly sensitive information.” 77 Fed. Reg. at
`
`48,760. Therefore, good cause exists for granting this motion to seal.
`
`
`
`- 3 -
`
`
`
`Case IPR2020-01267
`U.S. Patent No. 10,028,026
`
`V.
`
`RELIEF REQUESTED
`For the reasons stated above, Patent Owner requests that the Board seal and
`
`protect Patent Owner’s Sur-Reply to Petitioner’s Reply under the Board’s Default
`
`Protective Order previously requested to be entered in this proceeding. See Paper
`
`37. Petitioner further requests that the Board seal and protect the confidential
`
`information in this document until such time as it receives and rules on this
`
`Motion.
`
`Respectfully submitted,
`
`/Sal Lim/
`
`Sal Lim
`Registration No. 45,706
`Counsel for Patent Owner
`
`Date: September 8, 2021
`
`577 Airport Boulevard, Suite 250
`Burlingame, California 94010
`(650) 825-4300
`
`- 4 -
`
`
`
`Case IPR2020-01267
`U.S. Patent No. 10,028,026
`CERTIFICATE OF SERVICE
`The undersigned hereby certifies that a true and correct copy of the
`
`foregoing PATENT OWNER’S MOTION UNDER 37 C.F.R. §§ 42.14 AND
`
`42.54 TO SEAL PATENT OWNER’S SUR-REPLY TO PETITIONER’S
`
`REPLY was served electronically via e-mail on September 8, 2021, in its entirety
`
`on the following counsel of record for Petitioner:
`
`A8CPTABDocket@orrick.com
`Alyssa Caridis (Lead Counsel)
`K. Patrick Herman (Back-up Counsel)
`P52PTABDocket@orrick.com
`Clement Roberts (Back-up Counsel)
`croberts@orrick.com
`Will Melehani (Back-up Counsel)
`wmelehani@orrick.com
`ORRICK, HERRINGTON, & SUTCLIFFE, LLP
`
`roger.fulghum@bakerbotts.com
`Roger Fulghum (Lead Counsel)
`jeff.becker@bakerbotts.com
`Jeffery S. Becker (Back-up Counsel)
`Morgan G. Mayne (Back-up Counsel)
`morgan.mayne@bakerbotts.com
`BAKER BOTTS L.L.P.
`
`Respectfully submitted,
`
`/Sal Lim/
`
`Sal Lim
`Registration No. 45,706
`Counsel for Patent Owner
`
`Date: September 8, 2021
`
`577 Airport Boulevard, Suite 250
`Burlingame, California 94010
`(650) 825-4300
`
`
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
