`Tel: 571-272-7822
`
`
` Paper 49
`Entered: December 13, 2022
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`UNIFIED PATENTS, LLC,
`Petitioner,
`
`v.
`
`MEMORYWEB, LLC,
`Patent Owner.
`
`
`IPR2021-01413
`Patent 10,621,228 B2
`
`
`
`
`Before LYNNE H. BROWNE, NORMAN H. BEAMER, and
`KEVIN C. TROCK, Administrative Patent Judges.
`
`TROCK, Administrative Patent Judge.
`
`
`
`SUPPLEMENTAL ORDER
`Granting Petitioner’s Unopposed Motions to Seal
`37 C.F.R. §§ 42.14, 42.54
`
`
`
`
`
`
`
`
`IPR2021-01413
`Patent 10,621,228 B2
`
`
`
`On July 18, 2022, we issued an Order Granting Petitioner’s
`Unopposed Motions to Seal and entered a Protective Order. Paper 26.
`Subsequent to this Order, Petitioner filed an unopposed Third Motion to Seal
`(Paper 27), Fourth Motion to Seal (Paper 31), and Motion to Seal Patent
`Owner’s Sur-Reply (Paper 36).
`Under 37 C.F.R. § 42.14, the default rule is that all papers filed in
`such proceedings are available to the public. Only “confidential
`information” is subject to protection against public disclosure. 35 U.S.C.
`§ 326(a)(7); 37 C.F.R. § 42.55. The Board also observes a strong policy in
`favor of making all information filed in inter partes review proceedings
`open to the public. See Argentum Pharms. LLC v. Alcon Research, Ltd.,
`IPR2017-01053, Paper 27, 3–4 (PTAB Jan. 19, 2018) (informative). The
`moving parties bear the burden of showing the requested relief should be
`granted. 37 C.F.R. § 42.20(c). To establish “good cause” for the requested
`relief, the Parties must make a sufficient showing that:
`(1) the information sought to be sealed is truly confidential, (2)
`a concrete harm would result upon public disclosure, (3) there
`exists a genuine need to rely in the trial on the specific
`information sought to be sealed, and (4), on balance, an interest
`in maintaining confidentiality outweighs the strong public
`interest in having an open record.
`Argentum, Paper 27 at 3–4; see also Corning Optical Commc’ns RF, LLC, v.
`PPC Broadband, Inc., IPR2014-00440, Paper 46 at 2 (PTAB April 6, 2015)
`(requiring a showing that information has not been “excessively redacted”);
`see also 37 C.F.R. § 42.54(a).
`
`
`
`IPR2021-01413
`Patent 10,621,228 B2
`
`
`
`In Petitioner’s Third Motion to Seal (Paper 27), Petitioner requests
`that the unredacted version of Patent Owner’s Preliminary Sur-Reply filed as
`Paper 13 be sealed. Petitioner submits that “[g]ood cause exists to seal this
`document because it contains sensitive, non-public information. Specifically,
`the redacted portions of the Paper 13 . . . rely on and discuss confidential
`materials and information” subject to the Protective Order in this case.
`Id. at 1.
`In the Fourth Motion to Seal (Paper 31), Petitioner requests that its
`Reply (Paper 29) be sealed because “portions contain sensitive, non-public
`information,” such as discussions of “confidential materials and
`information” contained in exhibits previously placed under seal.
`Paper 31, 1.
`In the Motion to Seal Patent Owner’s Sur-reply (Paper 36), Petitioner
`requests that Patent Owner’s Sur-Reply (Paper 35) be sealed because “the
`Sur-Reply discuss[es] confidential materials and information contained in
`Exhibits” previously placed under seal. Paper 36, 1.
`Petitioner certifies that it has conferred with Patent Owner through
`counsel, and that Patent Owner does not oppose these motions to seal.
`
`Upon considering the Petitioner’s representations and arguments and
`the contents of the documents sought to be sealed, we conclude that
`Petitioner has established good cause for sealing the requested documents.
`ORDER
`
`Accordingly, it is
`ORDERED that Petitioner’s Third Motion to Seal is granted, and the
`unredacted version of Patent Owner’s Preliminary Sur-Reply (Paper 13) be
`sealed;
`
`
`
`IPR2021-01413
`Patent 10,621,228 B2
`
`
`
`FURTHER ORDERED that Petitioner’s Fourth Motion to Seal is
`granted, and Petitioner’s Reply (Paper 29) be sealed; and
`FURTHER ORDERED that Petitioner’s Motion to Seal Patent
`Owner’s Sur-reply is granted, and Patent Owner’s Sur-Reply (Paper 35) be
`sealed.
`
`
`
`IPR2021-01413
`Patent 10,621,228 B2
`
`
`PETITIONER:
`Ellyar Y. Barazesh
`Michelle Aspen
`UNIFIED PATENTS, LLC
`ellyar@unifiedpatents.com
`michelle@unifiedpatents.com
`
`PATENT OWNER:
`Jennifer Hayes
`George Dandalides
`NIXON PEABODY LLP
`jenhayes@nixonpeabody.com
`gdandalides@nixonpeabody.com
`
`
`
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