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`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________
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`NINTENDO CO., LTD., and
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`NINTENDO OF AMERICA INC.,
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`Petitioners
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`v.
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`ANCORA TECHNOLOGIES, INC.,
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`Patent Owner
`____________
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`Case No: IPR2021-01338
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`U.S. Patent No. 6,411,941 B1
`____________
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`PETITIONERS’ MOTION TO FILE
`CONFIDENTIAL DOCUMENTS UNDER SEAL
`PURSUANT TO 37 C.F.R. §§ 42.14 AND 42.54
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`158450191.1
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` PTAB Case No. IPR2021-01338 for Patent No. 6,411,941 B1
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`Pursuant to 37 C.F.R. §§ 42.14 and 42.54, Petitioners Nintendo Co., LTD.,
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`
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`and Nintendo of America Inc., (“Nintendo”) respectfully submits this Motion to
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`Seal Nintendo’s Oral Hearing Demonstrative Exhibit 1078 filed concurrently with
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`this Motion. Nintendo is concurrently filing a redacted version of Exhibit 1078.
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`Pursuant to the Trial Practice Guide July 2019 Update, “[t]he terms of a
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`protective order take effect upon the filing of a Motion to Seal by a party, and
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`remain in place until lifted or modified by the Board either on the motion of a party
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`for good cause shown or sua sponte by the Board.” (Appendix B, § (b).)
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`Accordingly, Nintendo understands that the protective order (Ex. 1078) proposed
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`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
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`IPR, and is relied upon as part of the objective evidence of non-obviousness.
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`Nintendo’s oral hearing demonstrative exhibit incorporates some of this
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`information, which includes third party confidential information that the third
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`parties wish to remain confidential.
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`II. Good Causes Exists for Sealing the Exhibits Containing Confidential
`Information
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`Nintendo submits that Proposed Exhibit 1078 incorporates confidential
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`business information, the disclosure of which is likely to significantly harm one or
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`158450191.1
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`1
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` PTAB Case No. IPR2021-01338 for Patent No. 6,411,941 B1
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`more third party’s competitive position, or the disclosure of which would
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`contravene an obligation of confidentiality. The redacted portions of Exhibit 1078
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`contain information produced by Patent Owner in this proceeding, that Patent
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`Owner has represented is confidential to itself and third-parties, and that Patent
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`Owner has represented was only able to be produced pursuant to the Protective
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`Order.
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`
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`Dated: September 29, 2022
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`
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`Respectfully submitted,
`
`
`/Kyle R. Canavera/
`Jerry A. Riedinger, Reg No. 30,582
`Kyle R. Canavera, Reg. No. 72,167
`Tara Kurtis, Reg No. 74,846
`
`Attorney for Petitioners
`Nintendo Co., Ltd. and Nintendo of America Inc.
`PERKINS COIE LLP
`1201 3rd Ave., #4900
`Seattle, WA 98101
`(206) 359-8664
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`158450191.1
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`2
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` PTAB Case No. IPR2021-01338 for Patent No. 6,411,941 B1
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`CERTIFICATE OF SERVICE
`I hereby certify that on September 29, 2022, a true and correct copy of the
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`foregoing MOTION TO SEAL DEMONSTRATIVE by electronic mail on the
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`Patent Owner via its attorneys of record:
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`David A. Gosse
`Nicholas T. Peters
`Karen J. Wang
`FITCH, EVEN, TABIN, & FLANNERY LLP
`dgosse@fitcheven.com
`ntpete@fitcheven.com
`kwang@fitcheven.com
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`Respectfully submitted,
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`
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`Date: September 29, 2022
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`/Anita Chou/
`Anita Chou
`Paralegal
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`158450191.1
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`3
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