UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
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`PDF SOLUTIONS, INC.,
`
`Petitioner
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`v.
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`OCEAN SEMICONDUCTOR, LLC,
`
`Patent Owner
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`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`US Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`
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`Case IPR2022-01196
`Patent No. 6,836,691
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`
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`
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`PATENT OWNER’S UNOPPOSED MOTION TO SEAL DOCUMENTS
`AND ENTER DEFAULT PROTECTIVE ORDER
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`PDF SOLUTIONS, INC.,
`
`Petitioner
`
`v.
`
`OCEAN SEMICONDUCTOR, LLC,
`
`Patent Owner
`
`
`
`
`
`
`
`
`
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`US Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`
`Case IPR2022-01196
`Patent No. 6,836,691
`
`
`
`
`
`
`PATENT OWNER’S UNOPPOSED MOTION TO SEAL DOCUMENTS
`AND ENTER DEFAULT PROTECTIVE ORDER
`
`
`
`I.
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`INTRODUCTION
`
`In conjunction with filing its Patent Owner’s Authorized Motion to Submit
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`Supplemental Evidence Under 37 C.F.R. § 42.123 (“Authorized Motion, Patent
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`Owner Ocean Semiconductor, LLC (“Patent Owner” or “Ocean”), also submits
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`this Motion to Seal Documents and Enter Default Protective Order. Pursuant to
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`the Default Protective Order (attached as Appendix A), Ocean Semiconductor
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`moves to seal Exhibit 2001.
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`II. ARGUMENT
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`The Board may seal documents pursuant to a proposed protective order
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`where there is “good cause” that “strike[s] a balance between the public’s interest
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`in maintaining a complete and understandable file history and the parties’ interest
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`in protecting truly sensitive information.” Patent Trial and Appeal Board
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`Consolidated Trial Practice Guide (“Consolidated Trial Practice Guide”) at 19
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`(November 2019) available at
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`https://www.uspto.gov/sites/default/files/documents/tpgnov.pdf?MURL= (last
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`visited September 7, 2022); see also 37 C.F.R. § 42.54(a) (“The Board may, for
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`good cause, issue an order to protect a party or person from disclosing confidential
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`information . . . .”). As set forth in the Consolidated Trial Practice Guide, the
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`Board identifies confidential information in a manner “consistent with Federal
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`Rule of Civil Procedure 26(c)(1)(G), which provides for protective orders for trade
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`2
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`secret or other confidential research, development, or commercial information.”
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`Consolidated Trial Practice Guide at 19.
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`Patent Owner has identified Exhibit 2001 as containing information
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`belonging to itself and certain other third parties. The content of these documents
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`therefore falls squarely within the scope of 37 C.F.R. § 42.54 (a)(7). Patent Owner
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`submits that public disclosure of this Exhibit would potentially result in revelation
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`of confidential commercial information belonging to Patent Owner and the third
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`parties and such disclosure would cause harm. Accordingly, good cause exists for
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`the sealing of Exhibit 2001.
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`Patent Owner requests that Exhibit 2001 is sealed in its entirety and no
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`redacted version is submitted.
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`III. CERTIFICATION OF CONFERENCE
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`Pursuant to 37 C.F.R. § 42.54(a), Ocean Semiconductor’s counsel attempted
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`in good faith to confer with Petitioner’s counsel to determine whether Petitioner
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`would oppose the entry of the default protective order in this proceeding.
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`Petitioner’s counsel does not oppose the motion.
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`IV. CONCLUSION
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`For the reasons stated above, Patent Owner respectfully requests that the
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`Board seal and protect the third-party confidential information contained in Exhibit
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`2001. Patent Owner further respectfully requests that the Board seal and protect
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`3
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`the confidential information in these documents until such time as it receives and
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`rules on this Motion.
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`4
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`Dated: September 7, 2022
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`Respectfully submitted,
`DEVLIN LAW FIRM LLC
`
`/s/ Timothy Devlin
`Timothy Devlin (Lead Counsel)
`Registration No. 41,706
`tdevlin@devlinlawfirm.com
`Alex Chan (Backup Counsel)
`Registration No. 52,713
`achan@devlinlawfirm.com
`Henrik Parker (Backup Counsel)
`Registration No. 31,863
`hparker@devlinlawfirm.com
`Joel W. Glazer (Backup Counsel)
`Registration No. 76,493
`jglazer@devlinlawfirm.com
`1526 Gilpin Avenue
`Wilmington, DE 19806
`(302) 449-9010
`
`Attorneys for Patent Owner
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`
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`5
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`
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`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on September
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`
`
`7, 2022 foregoing document is being served via electronic mail upon the following
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`counsel of record for Petitioner:
`
`COUNSEL FOR PDF SOLUTIONS, INC.
` BACK UP COUNSEL
`Ognjan V. Shentov (Reg. No. 38,051)
`oshentov@gmail.com
`ZEISLER PLLC
`45 Rockefeller Plaza, 20th Floor
`New York, NY 10111
`Tel.: 212-671-1921
`
`LEAD COUNSEL
`
`Daniel B. Ravicher (Reg. No. 47,015)
`dan@zeisler-law.com
`
`ZEISLER PLLC
`777 Brickell Ave Ste 500
`Miami, FL 33131
`Tel.: 786-505-1205
`
`
`
` /
`
` Timothy Devlin/
`Timothy Devlin
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`6
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`APPENDIX A
`APPENDIX A
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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
` WESTERN DIGITAL TECHNOLOGIES, INC.,
`
`Petitioner
`
`v.
`
`
` OCEAN SEMICONDUCTOR LLC,
`
`Patent Owner
`
`IPR2021-00864
`U.S. Patent No. 6,660,651
`
`
`
`PROPOSED PROTECTIVE ORDER
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`This protective order governs the treatment and filing of confidential
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`Default Protective Order
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`information, including documents and testimony.
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`1.
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`Confidential information shall be clearly marked “PROTECTIVE
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`ORDER MATERIAL.”
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`
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`2.
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`Access to confidential information is limited to the following
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`individuals who have executed the acknowledgment appended to this order:
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`(A)
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`Parties. Persons who are owners of a patent involved in the
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`proceeding and other persons who are named parties to the proceeding.
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`(B)
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`Party Representatives. Representatives of record for a party in
`
`the proceeding.
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`(C)
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`Experts. Retained experts of a party in the proceeding who
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`further certify in the Acknowledgement that they are not a competitor to
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`any party, or a consultant for, or employed by, such a competitor with
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`respect to the subject matter of the proceeding.
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`(D)
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`In-house counsel. In-house counsel of a party.
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`(E)
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`Support Personnel. Administrative assistants, clerical staff, court
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`reporters and other support personnel of the foregoing persons who are
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`reasonably necessary to assist those persons in the proceeding shall not
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`
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`be required to sign an Acknowledgement, but shall be informed of the
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`terms and requirements of the Protective Order by the person they are
`
`supporting who receives confidential information.
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`(F)
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`The Office. Employees and representatives of the United States
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`Patent and Trademark Office who have a need for access to the
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`confidential information shall have such access without the requirement
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`to sign an Acknowledgement. Such employees and representatives shall
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`include the Director, members of the Board and their clerical staff, other
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`support personnel, court reporters, and other persons acting on behalf of
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`the Office.
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`3.
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`Employees (e.g., corporate officers), consultants, or other persons
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`performing work for a party, other than those persons identified above in
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`(d)(2)(A)–(E), shall be extended access to confidential information only upon
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`agreement of the parties or by order of the Board upon a motion brought by the
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`party seeking to disclose confidential information to that person and after signing
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`the Acknowledgment. The party opposing disclosure to that person shall have the
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`burden of proving that such person should be restricted from access to confidential
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`information.
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`4.
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`Persons receiving confidential information shall use reasonable
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`
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`efforts to maintain the confidentiality of the information, including:
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`(A) Maintaining such information in a secure location to
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`which persons not authorized to receive the information shall not
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`have access;
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`(B) Otherwise using reasonable efforts to maintain the
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`confidentiality of the information, which efforts shall be no less
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`rigorous than those the recipient uses to maintain the confidentiality of
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`information not received from the disclosing party;
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`(C)
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`Ensuring that support personnel of the recipient who have
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`access to the confidential information understand and abide by the
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`obligation to maintain the confidentiality of information received
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`that is designated as confidential; and
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`(D)
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`Limiting the copying of confidential information to a
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`reasonable number of copies needed for conduct of the proceeding
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`and maintaining a record of the locations of such copies.
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`
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`5.
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`Persons receiving confidential information shall use the following
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`procedures to maintain the confidentiality of the information:
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`(A)
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`Documents and Information Filed With the Board.
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`(i) A party may file documents or information with the Board along
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`
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`with a Motion to Seal. The Motion to Seal should provide a non-
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`confidential description of the nature of the confidential information
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`that is under seal, and set forth the reasons why the information is
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`confidential and should not be made available to the public. A party
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`may challenge the confidentiality of the information by opposing the
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`Motion to Seal. The documents or information shall remain under
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`seal unless the Board determines that some or all of it does not
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`qualify for confidential treatment.
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`(ii) Where confidentiality is alleged as to some but not all of the
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`information submitted to the Board, the submitting party shall file
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`confidential and non-confidential versions of its submission,
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`together with a Motion to Seal the confidential version setting forth
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`the reasons why the information redacted from the non-confidential
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`version is confidential and should not be made available to the
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`public. A party may challenge the confidentiality of the information
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`by opposing the Motion to Seal. The non-confidential version of
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`the submission shall clearly indicate the locations of information
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`that has been redacted. The confidential version of the submission
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`shall be filed under seal. The redacted information shall remain
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`under seal unless the Board determines that some or all of the
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`
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`redacted information does not qualify for confidential treatment.
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`(B)
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`Documents and Information Exchanged Among the Parties.
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`Documents (including deposition transcripts) and other information
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`designated as confidential that are disclosed to another party during
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`discovery or other proceedings before the Board shall be clearly marked
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`as “PROTECTIVE ORDER MATERIAL” and shall be produced in a
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`manner that maintains its confidentiality.
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`6.
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`Within 60 days after the final disposition of this action, including
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`the exhaustion of all appeals and motions, each party receiving confidential
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`information must return, or certify the destruction of, all copies of the confidential
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`information to the producing party.
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
` WESTERN DIGITAL TECHNOLOGIES, INC.,
`
`Petitioner
`
`v.
`
`
` OCEAN SEMICONDUCTOR LLC,
`
`Patent Owner
`
`IPR2021-00864
`U.S. Patent No. 6,660,651
`
`
`
`STANDARD ACKNOWLEDGMENT FOR ACCESS TO PROTECTIVE
`ORDER MATERIAL
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`I
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`, affirm
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`that I have read the Protective Order; that I will abide by its terms; that
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`I will use the confidential information only in connection with this
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`proceeding and for no other purpose; that I will only allow access to
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`support staff who are reasonably necessary to assist me in this
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`proceeding; that prior to any disclosure to such support staff I
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`informed or will inform them of the requirements of the Protective
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`Order; that I am personally responsible for the requirements of the
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`terms of the Protective Order and I agree to submit to the jurisdiction
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`of the Office and the United States District Court for the Eastern
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`District of Virginia for purposes of enforcing the terms of the
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`Protective Order and providing remedies for its breach.
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