`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
`
`NINTENDO CO., LTD., and NINTENDO OF AMERICA INC.,
`Petitioners,
`
`v.
`
`ANCORA TECHNOLOGIES, INC.,
`Patent Owner.
`__________
`
`Case IPR2021-01338
`U.S. Patent No. 6,411,941 B1
`
`____________________________________________________________
`
`ANCORA’S UNOPPOSED MOTION TO FILE CONFIDENTIAL
`DOCUMENTS UNDER SEAL
` PURSUANT TO 37 C.F.R. §§ 42.14 AND 42.54
`
`
`
`
`
`
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`
`
`
`
`
`
`
`
`IPR2021-01338
`U.S. Patent No. 6,411,941
`Pursuant
`to 37 C.F.R. §§ 42.14 and 42.54, Patent Owner Ancora
`
`Technologies, Inc. (“Ancora”) respectfully submits this Motion to Seal Ancora’s
`
`Oral Hearing Demonstrative Exhibit 2052 filed concurrently with this Motion.
`
`Ancora is concurrently filing a redacted version of Exhibit 2052. Petitioners do not
`
`oppose this motion.
`
`Pursuant to the Trial Practice Guide July 2019 Update, “[t]he terms of a
`
`protective order take effect upon the filing of a Motion to Seal by a party, and remain
`
`in place until lifted or modified by the Board either on the motion of a party for good
`
`cause shown or sua sponte by the Board.” (Appendix B, § (b).) Accordingly, Ancora
`
`understands that the protective order (Ex. 2038) proposed by the parties will take
`
`effect upon filing of this motion.
`
`I.
`
`Background
`Evidence in this case relates to licensing history for the patent at issue in this
`
`IPR, and is relied upon as part of the objective evidence of non-obviousness.
`
`Ancora’s oral hearing demonstrative exhibit incorporates some of this information,
`
`which includes third party confidential information that the third parties wish to
`
`remain confidential.
`
`II. Good Causes Exists for Sealing the Exhibits Containing Confidential
`Information
`Ancora submits that Proposed Exhibit 2052 incorporates confidential business
`
`information, the disclosure of which is likely to significantly harm one or more third
`
`
`
`1
`
`
`
`IPR2021-01338
`U.S. Patent No. 6,411,941
`party’s competitive position, or the disclosure of which would contravene an
`
`obligation of confidentiality.
`
`
`
`
`
`Dated: September 29, 2022
`
`
`
`120 South LaSalle Street, Suite 2100
`Chicago, Illinois 60603
`(312) 577-7000
`(312) 577-7007 (fax)
`
`
`Respectfully submitted,
`FITCH EVEN TABIN & FLANNERY LLP
`
`By: /David A. Gosse/
`David A. Gosse
`Registration No. 61,511
`dgosse@fitcheven.com
`
`
`
`2
`
`
`
`IPR2021-01338
`U.S. Patent No. 6,411,941
`
`
`CERTIFICATE OF SERVICE
`
`
`
`The undersigned hereby certifies that on September 29, 2022, a complete
`
`and entire copy of the ANCORA’S MOTION TO FILE CONFIDENTIAL
`
`DOCUMENTS UNDER SEAL PURSUANT TO 37 C.F.R. §§ 42.14 AND 42.54,
`
`was served via electronic mail to the attorneys listed below at PerkinsService-
`
`Nintendo-Ancora-IPR@perkinscoie.com:
`
`Lead Counsel
`Jerry A. Riedinger
`Reg. No. 30,582
`riedinger-ptab@perkinscoie.com
`Perkins Coie LLP
`
`
`Dated: September 29, 2022
`
`By:
`
`Back-up Counsel
`Jose Villarreal, Reg. No. 43,969
`villarreal-ptab@perkinscoie.com
`Perkins Coie LLP
`
`Kyle Canavera, Reg. No. 72,167
`canavera-ptab@perkinscoie.com
`Perkins Coie LLP
`
`Theresa H. Nguyen (pro hac vice)
`nguyen-ptab@perkinscoie.com
`Perkins Coie LLP
`
`Tara Kurtis, Reg. No. 74,846
`kurtis-ptab@perkinscoie.com
`Perkins Coie LLP
`
`
`
`
`
`
`/David A. Gosse/
`David A. Gosse
`Reg. No. 61,511
`dgosse@fitcheven.com
`Nicholas T. Peters
`Reg. No. 53,456
`ntpete@fitcheven.com
`Karen J. Wang
`
`
`
`3
`
`
`
`IPR2021-01338
`U.S. Patent No. 6,411,941
`
`Reg. No. 62,503
`kwang@fitcheven.com
`FITCH, EVEN, TABIN & FLANNERY LLP
`120 South LaSalle Street, Suite 2100
`Chicago, IL 60603
`(312) 577-7000
`(312) 577-7007 (fax)
`Attorneys for Patent Owner
`
`
`
`
`
`4
`
`
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