`571-272-7822
`
` Paper No. 17
` Entered: September 20, 2022
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE LLC,
`Petitioner,
`
`v.
`
`SCRAMOGE TECHNOLOGY LTD.,
`Patent Owner.
`____________
`
`IPR2022-00241 (Patent 9,825,482 B2)
`IPR2022-00284 (Patent 9,997,962 B2)
` IPR2022-00385 (Patent 9,843,215 B2)1
`____________
`
`
`
`Before JAMESON LEE, KARL D. EASTHOM, BRIAN J. McNAMARA,
`and AARON W. MOORE, Administrative Patent Judges.2
`
`LEE, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of Proceeding
`37 C.F.R. § 42.5
`
`
`1 This Order addresses the same issue for the above-identified proceedings.
`2 This is not an expanded panel. Judges Lee, Easthom, and Moore are the
`panel for IPR2022-00241 and IPR2022-00284. Judges Lee, Easthom, and
`McNamara are the panel for IPR2022-00385.
`
`
`
`
`
`IPR2022-00241 (Patent 9.825,482 B2)
`IPR2022-00284 (Patent 9,997,962 B2)
`IPR2022-00385 (Patent 9,843,215 B2)
`
`INTRODUCTION
`I.
`On September 19, 2022, a conference call was held in the above-
`identified proceedings. In each of these proceedings, Petitioner entities
`Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc.
`(collectively “Samsung”) were terminated on August 29, 2022, by reason of
`settlement. The participants to the conference call were lead and backup
`counsel for Petitioner, lead counsel for Patent Owner, and Mr. Steve Chiang
`representing RPX Corp. who is not a party, and Judges Jameson Lee, Karl
`Easthom, Aaron Moore, and Brian McNamara.
`The matter discussed was the parties having filed a redacted copy of
`their Escrow Agreement in these proceedings, i.e., Exhibit 1034 in IPR2022-
`00385, Exhibit 1019 in IPR2022-00241, and Exhibit 1029 in IPR2022-
`00284. The parties previously represented to the Board that RPX Corp. is
`the only entity who possesses an unredacted copy of the Escrow Agreement.
`IPR2022-00385, Paper 21, 2.
`II. DISCUSSION
`During the conference call, Mr. Chiang informed the judges that RPX
`Corp. has agreed to send an unredacted copy of the Escrow Agreement to
`counsel for Patent Owner, for counsel for Patent Owner to file the
`unredacted copy with the Board and designate its access status as “Board
`only.” Counsel for the parties confirmed and agreed with that proposal. We
`also approved that proposed course of action
`The parties had previously requested to have their Escrow Agreement
`treated as confidential business information under 35 U.S.C. § 317(b) and 37
`C.F.R. § 42.74(c). We regard the request as extending to the unredacted
`
`2
`
`
`
`IPR2022-00241 (Patent 9.825,482 B2)
`IPR2022-00284 (Patent 9,997,962 B2)
`IPR2022-00385 (Patent 9,843,215 B2)
`
`version of the Escrow Agreement, and herein grant that request as applied to
`the unredacted version of the Escrow Agreement as well.
`The parties further represented that they will take the same course of
`action in IPR2022-00478, IPR2022-00636, IPR2022-00643, IPR2022-
`00653, IPR2022-00683, IPR2022-00939, IPR2022-01052, IPR2022-01053,
`IPR2022-01054, IPR2022-01055, IPR2022-01056, IPR2022-01057, and
`IPR2022-01058.
`
`III. ORDER
`For the reasons discussed above, it is
`ORDERED that Patent Owner shall, within five business days from
`September 19, 2022 (by Monday, September 26, 2022) file an unredacted
`version of the Escrow Agreement, in each of IPR2022-00385, IPR2022-
`00241, and IPR2022-00284, and designate the corresponding access as
`“Board only”;3
`FURTHER ORDERED that the unredacted version of the Escrow
`Agreement, when filed, will be treated as confidential business information
`under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c); and
`FURTHER ORDERED that a copy of this Order will be entered in
`each of IPR2022-00478, IPR2022-00636, IPR2022-00643, IPR2022-00653,
`IPR2022-00683, IPR2022-00939, IPR2022-01052, IPR2022-01053,
`IPR2022-01054, IPR2022-01055, IPR2022-01056, IPR2022-01057, and
`IPR2022-01058 as a 3000 series exhibit.
`
`
`3 Counsel for Patent Owner represented that Patent Owner will make the
`same filing by September 26, 2022, in IPR2022-00478, IPR2022-00636,
`IPR2022-00643, IPR2022-00653, IPR2022-00683, IPR2022-00939,
`IPR2022-01052, IPR2022-01053, IPR2022-01054, IPR2022-01055,
`IPR2022-01056, IPR2022-01057, and IPR2022-01058.
`
`3
`
`
`
`IPR2022-00241 (Patent 9.825,482 B2)
`IPR2022-00284 (Patent 9,997,962 B2)
`IPR2022-00385 (Patent 9,843,215 B2)
`
`
`For PETITIONER:
`
`John Kappos
`Cameron Westin
`O’MELVENY & MYERS LLP
`jkappos@omm.com
`cwestin@omm.com
`
`Naveen Modi
`Joseph Palys
`Paul Anderson
`Phillip Citroen
`Quadeer Ahmed
`PAUL HASTINGS LLP
`naveenmodi@paulhastings.com
`josephpalys@paulhastings.com
`paulanderson@paulhastings.com
`phillipcitroen@paulhastings.com
`quadeerahmed@paulhastings.com
`
`
`For PATENT OWNER:
`Brett Cooper
`Reza Mirzaie
`RUSS AUGUST & KABAT
`bcooper@raklaw.com
`rmirzaie@raklaw.com
`
`
`
`
`
`
`
`
`
`
`
`4
`
`
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