IPR2022-00222
`Patent No. 10,621,228
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`Paper No.
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`SAMSUNG ELECTRONICS CO., LTD. et al,
`Petitioner
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`v.
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`MEMORYWEB, LLC
`Patent Owner
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`Patent No. 10,621,228
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`Inter Partes Review No. IPR2022-00222
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`PATENT OWNER’S UNOPPOSED MOTION TO SEAL
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`Patent No. 10,621,228
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`Paper No.
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`SAMSUNG ELECTRONICS CO., LTD. et al,
`Petitioner
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`v.
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`MEMORYWEB, LLC
`Patent Owner
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`Patent No. 10,621,228
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`Inter Partes Review No. IPR2022-00222
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`PATENT OWNER’S UNOPPOSED MOTION TO SEAL
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`IPR2022-00222
`Patent No. 10,621,228
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`Patent Owner MemoryWeb, LLC (“MemoryWeb”) submits this Unopposed
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`Unopposed Motion to Seal
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`Motion to Seal (“Motion”) the Board’s Final Written Decision (Paper 63).
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`MemoryWeb submits this Motion to safeguard information designated confidential
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`by third party Unified, Petitioner, and MemoryWeb pursuant to the Protective
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`Order.1 See Paper 47. A redacted version of the Final Written Decision is provided
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`herewith.
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`As discussed below, the Final Written Decision relies on and discusses the
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`confidential information disclosed in briefing and exhibits previously filed under
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`seal. See Paper 51; Paper 54; Paper 56; Paper 60.2
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`I. MOTION TO SEAL
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`In an inter parties review, it is the default rule that all filings are publicly
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`available. 35 U.S.C. § 326(a)(1); 37 C.F.R. § 42.14. Where an exhibit contains
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`1 The relevant parties with respect to this Motion are Samsung Electronics Co., Ltd.
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`(“Samsung” or “Petitioner”) and Unified Patents, LLC (“Unified”).
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`2 The Board granted Patent Owner’s Motion to Seal its Motion to Terminate (Paper
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`51), Petitioner’s Motion to Seal its Response to the Motion to Terminate (Paper 54),
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`Patent Owner’s Motion to Seal its Reply in Support of its Motion to Terminate
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`(Paper 56), and the parties’ Joint Motion to Seal Demonstrative Exhibits (Paper 60).
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`See Paper 63 at 93-94.
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`1
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`IPR2022-00222
`Patent No. 10,621,228
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`confidential information, a party may file “a motion to seal with a proposed
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`Unopposed Motion to Seal
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`protective order as to the confidential information.”3 See 37 C.F.R. § 42.55; see also
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`35 U.S.C. § 326(a)(1). A motion to seal will only be granted if the movant
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`demonstrates “good cause.” 37 C.F.R. § 42.54(a). Good cause exists if the movant
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`“demonstrate[s] adequately that (1) the information sought to be sealed is truly
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`confidential, (2) a concrete harm would result upon public disclosure, (3) there exists
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`a genuine need to rely in the trial on the specific information sought to be sealed,
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`and (4), on balance, an interest in maintaining the confidentiality outweighs the
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`strong public interest in having an open record.” Argentum Pharm. LLC v. Alcon
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`Research, Ltd., IPR2017-01053, Paper 27 at 4 (PTAB Jan. 19, 2018) (citing 37
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`C.F.R. § 42.54(a)). All four prongs are satisfied here.
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`First, the Final Written Decision contains non-public, highly confidential
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`proprietary business information pertaining to Petitioner’s contractual relationship
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`with Unified and confidential communications between MemoryWeb and Unified.
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`This information includes confidential commercial information that Unified,
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`Samsung, and MemoryWeb have not made, and do not intend to make, publicly
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`available. Patent Owner also understands that this information was produced
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`3 The Board has also granted Patent Owner’s the unopposed motion for entry of a
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`Protective Order (Paper 47). See Paper 63 at 93.
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`2
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`IPR2022-00222
`Patent No. 10,621,228
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`pursuant to the Protective Order. As discussed above, a redacted version of the Final
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`Unopposed Motion to Seal
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`Written Decision is submitted herewith.
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`Second, public disclosure of this information would expose the relevant
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`parties’ confidential business activities. The Final Written Decision contains
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`information that the relevant parties maintain as confidential. Patent Owner believes
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`that the public will not be harmed by sealing the confidential business information.
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`Third, the portions of the Final Written Decision that are the subject of this
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`Motion discuss whether Samsung is a real party in interest (“RPI”) to Unified’s IPR.
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`See Unified Patents, LLC v. MemoryWeb, LLC, IPR2021-01413. The Board relied
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`on confidential information in its determination of Samsung’s RPI status in the
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`Unified’s IPR.
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`Fourth, on balance, the interest in maintaining confidentiality outweighs the
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`public interest in having an open record. Accordingly, the redacted portions of the
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`Final Written Decision should be sealed. Patent Owner respectfully requests that the
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`Board grant this Motion.
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`II. GOOD CAUSE EXISTS FOR SEALING THE MOTION TO
`TERMINATE AND THE RELEVANT EXHIBITS
`In deciding whether to seal exhibits, the Board must find “good cause” and
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`must “strike a balance between the public’s interest in maintaining a complete and
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`understandable file history and the parties’ interest in protecting truly sensitive
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`3
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`IPR2022-00222
`Patent No. 10,621,228
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`information.” Garmin Int’l, Inc. v. Cuozzo Speed Techs. LLC, IPR2012-00001,
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`Unopposed Motion to Seal
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`Paper 36 at 4 (PTAB Apr. 5, 2013).
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`The Final Written Decision relies on exhibits and other information that have
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`been marked “Confidential” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
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`EYES ONLY” under the Protective Order in this case. As such, the Final Written
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`Decision contains sensitive business information that was previously filed under seal
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`in this proceeding. Unified, Samsung, and MemoryWeb assert that this sensitive
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`business information has not been published or otherwise made publicly available.
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`The Final Written Decision relies on and discusses the confidential aspects of
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`briefing and exhibits previously filed under seal. See Paper 51; Paper 54; Paper 56;
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`Paper 60. A redacted version of the Final Written Decision is submitted herewith.
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`The balance favors protecting the relevant parties’ confidential information.
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`The information sought to be sealed in the Final Written Decision is not related to
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`patentability, the scope of the ʾ228 patent, or any matter generally impacting the
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`public interest in evaluating the ʾ228 patent. Rather, the information sought to be
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`sealed relates to whether Petitioner is an RPI to the Unified IPR. The information
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`relates to business dealings between Unified and its members, including Petitioner.
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`Unified has represented this information is not known to the public. See, e.g., Unified
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`Patents, IPR2021-01413, Paper 24 at 7. The information also relates to Unified’s
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`confidential dealings with MemoryWeb.
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`4
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`IPR2022-00222
`Patent No. 10,621,228
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`Unopposed Motion to Seal
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`The relevant exhibits and other information were provided with the
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`expectation that they would remain confidential, pursuant to the Protective Order.
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`The Board should seal this information to eliminate the chance of incidental public
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`exposure of confidential business information. The public interest is well-served in
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`keeping this information confidential.
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`III. NON-CONFIDENTIAL VERSIONS
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`As required by the Board’s Trial Practice Guide, the Default Protective Order,
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`and the agreed-upon Protective Order, a non-confidential redacted version of the
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`Final Written Decision is submitted herewith. The redactions are limited in nature
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`and scope to the confidential information.
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`IV. REQUEST FOR CONFERENCE CALL WITH THE BOARD
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`Should the Board not be inclined to grant the present Motion, Patent Owner
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`hereby requests a conference call with the Board to discuss any concerns prior to the
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`Board issuing a decision on the Motion.
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`V. CONCLUSION
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`For the foregoing reasons, Patent Owner respectfully requests that the Board
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`seal and protect the relevant parties’ confidential information in the unredacted
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`version of the Final Written Decision.
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`5
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`IPR2022-00222
`Patent No. 10,621,228
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`Respectfully submitted,
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`Unopposed Motion to Seal
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`Dated: December 22, 2023
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`By: /Jennifer Hayes/
`Jennifer Hayes
`Reg. No. 50,845
`Nixon Peabody LLP
`300 South Grand Avenue,
`Suite 4100,
`Los Angeles, CA 90071-3151
`Tel. 213-629-6179
`Fax 866-781-9391
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`Attorney for Patent Owner
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`/Hyun Jin In/
`Hyun Jin In
`Reg. No. 70,014
`Fish & Richardson P.C.
`60 South Sixth Street,
`Suite 3200
`Minneapolis, MN 55402
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`Attorney for Petitioner
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`6
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`IPR2022-00222
`Patent No. 10,621,228
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`Unopposed Motion to Seal
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing Unopposed
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`Motion to Seal was served on December 22, 2023, upon the following parties via
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`electronic service:
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`IPR39843-0117IP1@fr.com
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`PTABInbound@fr.com
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`axf-ptab@fr.com
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`jjm@fr.com
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`in@fr.com
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`cgreen@fr.com
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`Counsel for Petitioner, Samsung Electronics Co., Ltd.
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`/s/ Jennifer Hayes
`By:
`Lead Counsel for Patent Owner
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`1
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