`____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
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`ROKU, INC. and VIZIO, INC.,
`Petitioners,
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`v.
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`ANCORA TECHNOLOGIES, INC.,
`Patent Owner.
`__________
`
`Case IPR2021-01406
`U.S. Patent No. 6,411,941 B1
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`____________________________________________________________
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`ANCORA’S MOTION TO FILE CONFIDENTIAL DOCUMENTS UNDER
`SEAL PURSUANT TO 37 C.F.R. §§ 42.14 AND 42.54
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`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
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`Case No. IPR2021-01406
`Patent No. 6,411,941
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`Pursuant
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`to 37 C.F.R. §§ 42.14 and 42.54, Patent Owner Ancora
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`Technologies, Inc. (“Ancora”) respectfully submits this Motion to Seal Ancora’s
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`Patent Owner Response and certain exhibits thereto, including Exhibits 2029-2032
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`and 2037, all of which are being concurrently filed with this Motion. In addition,
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`Ancora respectfully requests the Board grant the parties’ concurrently filed joint
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`motion for entry of protective order. Ancora is concurrently filing a redacted version
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`of the Patent Owner Response and Ex. 2030, each of which refer to third party
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`confidential information in Exhibits 2029 and 2031, and 2032. Each of Exhibits
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`2029, 2031, and 2032 are considered highly confidential to third parties and
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`therefore no public redacted versions of these documents are being filed. Exhibit
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`2037 while publicly available, if released in the context of this argument could be
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`understood to disclose third party confidential information and therefore no public
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`redacted version of this document is being filed.
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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 remain
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`in place until lifted or modified by the Board either on the motion of a party for good
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`cause shown or sua sponte by the Board.” (Appendix B, § (b).) Accordingly, Ancora
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`understands that the protective order (Ex. 2038) proposed by the parties will take
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`effect upon filing of this motion.
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`1
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`Case No. IPR2021-01406
`Patent No. 6,411,941
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`I.
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`Background
`Ancora is concurrently submitting with its Patent Owner Response certain
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`exhibits evidencing licensing history for the patent at issue in this IPR as part of the
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`objective evidence of non-obviousness. These exhibits include third party
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`confidential information that the third parties wish to remain confidential.
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`II. Good Causes Exists for Sealing the Exhibits Containing Confidential
`Information
`Ancora submits that each of the Proposed Exhibits summarized in the table
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`below contain confidential business information or if publicly disclosed in the
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`context of the Patent Owner’s Response would disclose confidential business
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`information, the disclosure of which is likely to significantly harm that person’s
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`competitive position, or the disclosure of which would contravene an obligation of
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`confidentiality. Ancora provides good cause reasons below to the extent currently
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`known or available for sealing each of the listed Exhibits. Patent Owner’s Response
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`cites the subject matter of the Proposed Exhibits and should be sealed for the same
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`reasons.
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`Exhibit
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`2029
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`2030
`2031
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`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
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`2
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`2032
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`2037
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`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
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`Case No. IPR2021-01406
`Patent No. 6,411,941
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`III. Additional Third Party Request
`The third party for which Exhibit 2032 contains confidential information
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`requests that if the Board is inclined to determine that the information in Exhibit
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`2032 does not qualify for confidential treatment, that such third party be provided
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`with notice, for example, through Patent Owner, and the opportunity to be heard
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`prior to disclosure.
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`Dated: May 3, 2022
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`
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`120 South LaSalle Street, Suite 2100
`Chicago, Illinois 60603
`(312) 577-7000
`(312) 577-7007 (fax)
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`Respectfully submitted,
`FITCH EVEN TABIN & FLANNERY LLP
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`By: /David A. Gosse/
`David A. Gosse
`Registration No. 61,511
`dgosse@fitcheven.com
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`3
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`Case No. IPR2021-01406
`Patent No. 6,411,941
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`CERTIFICATE OF SERVICE
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`
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`The undersigned hereby certifies that on May 3, 2022, a complete and entire
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`copy of the ANCORA’S MOTION TO FILE CONFIDENTIAL DOCUMENTS
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`UNDER SEAL PURSUANT TO 37 C.F.R. §§ 42.14 AND 42.54, was served via
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`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
`
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`Dated: May 3, 2022
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`By:
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`Back-up Counsel
`Lestin Kenton, Reg. No. 72,314
`lkenton-PTAB@sternekessler.com
`(202) 772-8594
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`Dohm Chankong, Reg. No. 72,314
`dchankong-PTAB@sternekessler.com
`(202) 772-8529
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`STERNE, KESSLER, GOLDSTEIN & FOX
`P.L.L.C
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`
`
`
`
`/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
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