throbber
UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
`
`ROKU, INC. and VIZIO, INC.,
`Petitioners,
`
`v.
`
`ANCORA TECHNOLOGIES, INC.,
`Patent Owner.
`__________
`
`Case IPR2021-01406
`U.S. Patent No. 6,411,941 B1
`
`____________________________________________________________
`
`
`
`
`ANCORA’S 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
`
`
`
`
`
`
`
`

`

`Case No. IPR2021-01406
`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
`
`Patent Owner Response and certain exhibits thereto, including Exhibits 2029-2032
`
`and 2037, all of which are being concurrently filed with this Motion. In addition,
`
`Ancora respectfully requests the Board grant the parties’ concurrently filed joint
`
`motion for entry of protective order. Ancora is concurrently filing a redacted version
`
`of the Patent Owner Response and Ex. 2030, each of which refer to third party
`
`confidential information in Exhibits 2029 and 2031, and 2032. Each of Exhibits
`
`2029, 2031, and 2032 are considered highly confidential to third parties and
`
`therefore no public redacted versions of these documents are being filed. Exhibit
`
`2037 while publicly available, if released in the context of this argument could be
`
`understood to disclose third party confidential information and therefore no public
`
`redacted version of this document is being filed.
`
`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.
`
`
`
`1
`
`

`

`Case No. IPR2021-01406
`Patent No. 6,411,941
`
`I.
`
`Background
`Ancora is concurrently submitting with its Patent Owner Response certain
`
`exhibits evidencing licensing history for the patent at issue in this IPR as part of the
`
`objective evidence of non-obviousness. These exhibits include 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 each of the Proposed Exhibits summarized in the table
`
`below contain confidential business information or if publicly disclosed in the
`
`context of the Patent Owner’s Response would disclose confidential business
`
`information, the disclosure of which is likely to significantly harm that person’s
`
`competitive position, or the disclosure of which would contravene an obligation of
`
`confidentiality. Ancora provides good cause reasons below to the extent currently
`
`known or available for sealing each of the listed Exhibits. Patent Owner’s Response
`
`cites the subject matter of the Proposed Exhibits and should be sealed for the same
`
`reasons.
`
`Exhibit
`
`2029
`
`2030
`2031
`
`Good Cause for Filing Under Seal
`The exhibit includes third party confidential information related
`to patent licensing
`The exhibit refers to third party confidential information related
`to patent licensing
`The exhibit includes third party confidential information related
`to patent licensing
`
`
`
`2
`
`

`

`2032
`
`2037
`
`
`
`The exhibit includes third party confidential information related
`to patent licensing
`This exhibit if disclosed relative to the argument in the Patent
`Owner Response would disclose confidential information related
`to patent licensing
`
`
`Case No. IPR2021-01406
`Patent No. 6,411,941
`
`
`
`III. Additional Third Party Request
`The third party for which Exhibit 2032 contains confidential information
`
`requests that if the Board is inclined to determine that the information in Exhibit
`
`2032 does not qualify for confidential treatment, that such third party be provided
`
`with notice, for example, through Patent Owner, and the opportunity to be heard
`
`prior to disclosure.
`
`
`
`
`
`
`
`Dated: May 3, 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
`
`
`
`3
`
`

`

`Case No. IPR2021-01406
`Patent No. 6,411,941
`
`
`
`CERTIFICATE OF SERVICE
`
`
`
`The undersigned hereby certifies that on May 3, 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:
`
`Lead Counsel
`Jon Wright, Reg. No. 50,720
`jwright-PTAB@sternekessler.com
`(202) 772-8651
`STERNE, KESSLER, GOLDSTEIN & FOX
`P.L.L.C
`
`
`Dated: May 3, 2022
`
`By:
`
`Back-up Counsel
`Lestin Kenton, Reg. No. 72,314
`lkenton-PTAB@sternekessler.com
`(202) 772-8594
`
`Dohm Chankong, Reg. No. 72,314
`dchankong-PTAB@sternekessler.com
`(202) 772-8529
`
`STERNE, KESSLER, GOLDSTEIN & FOX
`P.L.L.C
`
`
`
`
`
`/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
`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
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

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.

throbber

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.

Become a Member

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

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket