`Tel: 571-272-7822
`
`
`
`
` Paper 72
`Entered: October 11, 2023
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`APPLE, INC,
`Petitioner,
`
`v.
`
`MEMORYWEB, LLC,
`Patent Owner.
`
`
`IPR2022-00031
`Patent 10,621,228 B2
`
`
`
`
`Before LYNNE H. BROWNE, NORMAN H. BEAMER, and
`KEVIN C. TROCK, Administrative Patent Judges.
`
`TROCK, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Patent Owner’s
`Unopposed Motion to Seal
`35 U.S.C. § 316(a)(1); 37 C.F.R. § 42.14
`
`
`
`
`
`
`
`
`IPR2022-00031
`Patent 10,621,228 B2
`
`
`
`On September 15, 2023, Patent Owner, MemoryWeb, LLC, filed an
`Unopposed Motion to Seal. Paper 58 (“Motion”). In its Motion, Patent
`Owner requests that we seal certain portions of Patent Owner’s Motion to
`Terminate (Paper 57) and Exhibits 2068, 2069, 2070, 2071, 2072, 2073,
`2074, 2075, 2077, 2078, 2079, 2080, 2081, 2083, 2084, 2085, 2086, 2088,
`2089, 2089, 2090, 2091, and 2096. Motion 1. Patent Owner indicates that it
`“submits this Motion to safeguard the confidential information of the
`relevant parties to this proceeding, pursuant to the Protective Order.”1 Id.
`Patent Owner also “certifies that it has conferred with all relevant parties2
`through counsel, and Petitioner does not oppose this Motion to seal.” Id. at
`2.
`
`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.
`§ 316(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 party bears the burden of showing the requested relief should be
`granted. 37 C.F.R. § 42.20(c).
`
`
`1 Patent Owner filed an Unopposed Motion for Entry of Protective Order
`(Paper 52), which the Board granted (Paper 55). Patent Owner states that
`“[a]ll relevant parties have executed the Protective Order.” Motion 3, n.2.
`2 The relevant parties with respect to this Motion are Apple, Inc. (“Apple” or
`“Petitioner”), Samsung Electronics Co., Ltd. (“Samsung”), and Unified
`Patents, LLC (“Unified”).
`
`
`
`IPR2022-00031
`Patent 10,621,228 B2
`
`
`
`To establish “good cause” for the requested relief, the moving party
`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).
`Here, Patent Owner submits that the relevant documents “contain non-
`public, highly confidential proprietary business information,” that public
`disclosure of this information would expose “business model[s] and
`confidential business activities,” and that certain of the parties have
`contractual obligations “to maintain the confidentiality of the information
`contained within the relevant exhibits.” Motion 3–4. Patent Owner also
`submits that it must rely on this confidential information in order to establish
`important contentions in this case and that the interest in maintaining
`confidentiality outweighs the public interest in having an open record. Id. at
`5. Patent Owner explains that its Motion to Terminate (Paper 57) relies on
`and discusses confidential aspects of exhibits that are the subject of the
`Motion. Motion 11.
`
`Upon considering Patent Owner’s representations and arguments, and
`the contents of the documents sought to be sealed and redacted, we conclude
`that Patent Owner has established good cause for sealing and redacting the
`requested documents.
`
`
`
`IPR2022-00031
`Patent 10,621,228 B2
`
`
`
`Accordingly, it is
`ORDERED that Patent Owner’s Unopposed Motion to Seal is
`granted,
`FURTHER ORDERED that Patent Owner’s request to seal Exhibits
`2068, 2069, 2070, 2071, 2072, 2073, 2074, 2075, 2077, 2078, 2079, 2080,
`2081, 2083, 2084, 2085, 2086, 2088, 2089, 2089, 2090, 2091, and 2096 is
`granted; and
`FURTHER ORDERED that Patent Owner’s request to seal redacted
`portions of Patent Owner’s Motion to Terminate (Paper 57) is granted.
`
`
`
`
`
`
`IPR2022-00031
`Patent 10,621,228 B2
`
`
`For PETITIONER:
`
`Jeffrey P. Kushan
`SIDLEY AUSTIN LLP
`jkushan@sidley.com
`
`
`For PATENT OWNER:
`
`Jennifer Hayes
`George Dandalides
`Angelo Christopher
`Matthew Werber
`Daniel Schwartz
`NIXON PEABODY LLP
`jenhayes@nixonpeabody.com
`gdandalides@nixonpeabody.com
`achristopher@nixonpeabody.com
`mwerber@nixonpeabody.com
`djschwartz@nixonpeabody.com
`
`
`
`
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