`571-272-7822
`
`
`
`
`
`Paper 17
`Date: June 3, 2021
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`UNIFIED PATENTS, LLC,
`Petitioner,
`
`v.
`
`ELECTRONICS AND TELECOMMUNICATIONS
`RESEARCH INSTITUTRE,
`KWANGWOON UNIVERSITY INDUSTRY–ACADEMIC
`COLLABORATION FOUNDATION, AND
`UNIVERSITY–INDUSTRY COOPERATION GROUP
`OF KYUNG HEE UNIVERSITY,
`Patent Owner.
`____________
`
`IPR2021-00368
`Patent 9,736,484 B2
`____________
`
`
`
`
`
`Before JAMESON LEE, SALLY C. MEDLEY, and
`NATHAN A. ENGELS, Administrative Patent Judges.
`
`ENGELS, Administrative Patent Judge.
`
`
`
`
`
`
`
`
`
`ORDER
`Granting Renewed Motion for Entry of Modified Protective Order
`and Renewed Motion to Seal
`37 C.F.R. §§ 42.54, 42.55
`
`
`
`
`
`IPR2021-00368
`Patent 9,736,484 B2
`
`
`INTRODUCTION
`Petitioner’s first Motion to Entry of Protective Order (Paper 9) was
`denied because Petitioner had not shown good cause for entry of a protective
`order that imposed obligations on employees and representative of the Patent
`Office beyond the obligations included in the Board’s default protective
`order (see Paper 13 (Order denying Paper 9)). Petitioner’s first Motion to
`Seal (Paper 11) was also denied (Paper 14 (Order denying Paper 11)).
`Petitioner filed a Renewed Motion for Entry of Protective Order
`(Paper 16) with a new protective order (Exhibit 1051) and redlined
`comparison of the new protective order to the Board’s default protective
`order (Exhibit 1052). Petitioner also filed a Renewed Motion to Seal Patent
`Owner Preliminary Response and Exhibits 2002–2007 and 2012. Paper 15.
`Petitioner represents that Patent Owner has agreed to entry of the new
`protective order. Paper 16, 1. Petitioner also states that Patent Owner
`opposes sealing Exhibit 2005 and the discussion of Exhibit 2005 in the
`Preliminary Response. Paper 15, 1–2.
`
`DISCUSSION
`We have reviewed the Renewed Motion to Seal and the Renewed
`Motion for Entry of Protective Order. The deficiencies we articulated in
`denying Petitioner’s first Motion for Entry of Protective Order and first
`Motion to Seal have been cured. Good cause exists for entry of the proposed
`protective order now submitted as Exhibit 1051.
`We are persuaded that Patent Owner’s Preliminary Response (Paper
`10) contains confidential information that should be protected under the
`Protective Order, and Petitioner filed a redacted version of Patent Owner’s
`Response that is available to the public (Ex. 1049). We are also persuaded
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`IPR2021-00368
`Patent 9,736,484 B2
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`that Exhibits 2003–2007 and 2012 contain confidential information that
`should be protected under the Protective Order, and Petitioner has filed
`redacted copies of those Exhibits as Exhibits 1043–1049. Additionally,
`Petitioner has shown good cause for sealing Exhibit 2002 in its entirety.
`
`
`
`ORDER
`
`It is
`ORDERED that Petitioner’s Renewed Motion for Entry of Protective
`Order is granted; and
`FURTHER ORDERED that Petitioner’s Renewed Motion to Seal
`Patent Owner’s Preliminary Response and Exhibits 2002–2007 and 2012 is
`granted.
`
`
`
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`3
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`IPR2021-00368
`Patent 9,736,484 B2
`
`For PETITIONER:
`Andrew R. Sommer
`GREENBERG TRAURIG, LLP
`sommera@gtlaw.com
`
`Ashraf Fawzy
`Roshan S. Mansinghani
`UNIFIED PATENTS, LLC
`afawzy@unifiedpatents.com
`roshan@unifiedpatents.com
`
`For PATENT OWNER:
`
`William H. Mandir
`Fadi Kiblawi
`John F. Rabena
`SUGHRUE MION, PLLC
`wmandir@sughrue.com
`fkiblawi@sughrue.com
`jrabena@sughrue.com
`
`
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`4
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