Trials@uspto.gov
`571-272-7822
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`Paper 24
`Entered: December 3, 2021
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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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`HP INC.,1
`Petitioner,
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`v.
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`SYNKLOUD TECHNOLOGIES, LLC,
`Patent Owner.
`
`IPR2020-01269 (Patent 9,219,780 B2)
`IPR2020-01270 (Patent 9,219,780 B2)2
`
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`Before SALLY C. MEDLEY, LYNNE E. PETTIGREW, and
`KRISTI L. R. SAWERT, Administrative Patent Judges.
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`SAWERT, Administrative Patent Judge.
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`
`ORDER
`Granting Patent Owner’s
`Motion to Seal
`37 C.F.R. §§ 42.5, 42.14, 42.54
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`1 Microsoft Corporation was terminated from these proceedings.
`IPR2020-01269, Paper 22; IPR2020-01270, Paper 21.
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`2 We exercise our discretion to issue one combined Decision to be filed
`in each case.
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`

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`IPR2020-01269 (Patent 9,219,780 B2)
`IPR2020-01270 (Patent 9,219,780 B2)
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`In IPR2020-01269 (“IPR1269”), Patent Owner filed an unopposed
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`Motion to Seal, seeking to seal Exhibits 2029, 2030, and 2039. IPR1269,
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`Paper 12 (“PO Mot.” or “the Motion”). Patent Owner represents that Exhibits
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`2030 and 2039 are two license agreements between Patent Owner and third
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`parties. Id. at 2.3 Patent Owner represents that Exhibit 2029 is an “associated
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`claim chart” that apparently includes information regarding one of the
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`licensee’s products. Id. Patent Owner contends that the information in the
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`license agreements “is confidential by its terms.” Id. at 3. Patent Owner
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`argues that making the exhibits public “would potentially vitiate the licenses
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`as a possible breach thereof and/or expose [Patent Owner] to liability.” Id. In
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`IPR2020-01270 (“IPR1270”), Patent Owner filed Exhibits 2029, 2030, and
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`2039, but did not file a corresponding motion to seal.
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`There is a strong public policy that favors making information filed in
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`an inter partes review open to the public. Garmin Int’l, Inc. v. Cuozzo Speed
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`Techs. LLC, IPR2012-00001, Paper 34, 1–2 (PTAB Mar. 14, 2013). The
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`standard for granting a motion to seal is good cause. 37 C.F.R. § 42.54. That
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`standard includes showing that the information addressed in the motion to seal
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`is truly confidential, and that such confidentiality outweighs the strong public
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`interest in having the record open to the public. See Garmin, Paper 34 at 2–3.
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`We have considered the arguments presented by Patent Owner and
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`determine that good cause has been established for sealing the documents
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`identified. Specifically, Patent Owner demonstrates that the information
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`sought to be sealed per the motion contains confidential information regarding
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`“licenses between the owner of the ’780 Patent and two recognized
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`3 The pages of the Motion are not numbered. We refer to the numbers
`of the pages beginning with the title page as number 1.
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`2
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`

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`IPR2020-01269 (Patent 9,219,780 B2)
`IPR2020-01270 (Patent 9,219,780 B2)
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`corporations, in consideration of payment of fees, along with an associated
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`claim chart.” PO Mot. 2. Accordingly, we grant Patent Owner’s Motion to
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`Seal, including Patent Owner’s unopposed request for entry of the Proposed
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`Protective Order (Exhibit 2036), which is the same as the protective order
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`entered in earlier proceedings involving patents in the same family as the
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`’780 patent, such as IPR2020-01031, and is similar to the Board’s default
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`protective order provided in the Office Patent Trial Practice Guide. See Patent
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`Trial and Appeal Board Consolidated Trial Practice Guide (Nov. 2019),
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`https://www.uspto.gov/TrialPracticeGuideConsolidated, (Appendix B)
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`(“CTPG”). Moreover, although Patent Owner did not file a motion to seal or
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`request entry of the Proposed Protective Order (Exhibit 2036) in IPR1270, we sua
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`sponte grant Patent Owner’s implicit request, because Patent Owner filed the same
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`confidential exhibits (i.e., Exhibits 2029, 2030, and 2039) in that proceeding.
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`Accordingly, the record in both IPR1269 and IPR1270 will be preserved
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`in its entirety, and Exhibits 2029, 2030, and 2039 will not be expunged or
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`made public, pending the outcome of any appeal taken from a final written
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`decision. At the conclusion of any appeal, or, if no appeal is taken, after the
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`time for filing a notice of appeal has expired, the documents may be made
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`public. See CTPG at 21–22. At that time, either party may file a motion to
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`expunge sealed documents from the record pursuant to 37 C.F.R. § 42.56.
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`3
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`IPR2020-01269 (Patent 9,219,780 B2)
`IPR2020-01270 (Patent 9,219,780 B2)
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`It is:
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`ORDERED that Patent Owner’s Motion to Seal in IPR2020-01269 is
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`granted;
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`FURTHER ORDERED that Patent Owner’s implicit request to seal
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`Exhibits 2029, 2030, and 2039 in IPR2020-01270 is granted; and
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`FURTHER ORDERED that Exhibits 2029, 2030, and 2039 will
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`remain sealed as outlined per this order.
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`4
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`

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`IPR2020-01269 (Patent 9,219,780 B2)
`IPR2020-01270 (Patent 9,219,780 B2)
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`For PETITIONER:
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`Joseph Micallef
`Scott Border
`SIDLEY AUSTIN LLP
`jmicallef@sidley.com
`sborder@sidley.com
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`For PATENT OWNER:
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`Gregory Gonsalves
`Yeasun Yoon
`CAPITOL IP LAW GROUP, PLLC
`gonsalves@capitoliplaw.com
`yoon@capitoliplaw.com
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`5
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