`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________
`
`GEOTAB INC., AND
`TV MANAGEMENT INC., D/B/A GPS NORTH AMERICA
`Petitioners,
`
`v.
`
`PERDIEM CO., LLC.
`
`Patent Owner
`
`_________________
`
`Case IPR2016-01063
`
`U.S. Patent 8,717,166
`
`_________________
`
`
`
`PETITIONERS’ MOTION TO SEAL
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`
`
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`
`
`i
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`
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`I.
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`Introduction
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`Pursuant to 37 CFR §§ 42.14 and 42.54, Petitioners move for entry of the
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`Default Protective Order and to seal Exhibits 1014, 1015, and 1016. Redacted
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`versions of these exhibits have been filed publicly.
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`II. Good Cause Exists to Seal Exhibits 1014, 1015, and 1016
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`The standard for granting a motion to seal is “for good cause.” 37 C.F.R. §
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`42.54. The party asserting confidentiality must explain why the information
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`sought to be sealed constitutes confidential information. Medtronic, Inc., v. Robert
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`Bosch Healthcare Systems, Inc., IPR2014-00488, paper 60, p.3 (PTAB 2015).
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`1. Ex. 1014 is a declaration by William Steckel which includes
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`confirmations for the transfer of funds (Exs. A & C). Petitioners filed Ex. 1014 to
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`be viewable to the Board and Parties only. Ex. 1014 includes confidential financial
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`information such as account numbers and amounts of funds. See Exs. A & C
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`attached to Ex. 1014. This is the kind of information that is deemed confidential
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`and protectable. See Office Trial and Practice Guide, 77 Fed. Reg. 48760 (Aug.
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`14, 2012) (stating that Federal Rule of Civil Procedure 26(c)(1)(G) “provides for
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`protective orders for trade secret or other confidential research, development, or
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`commercial information.”).
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`2. Ex. 1015 is a declaration by Steven Hill which includes wire transfer
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`confirmations Ex. A. As stated above, account numbers and amounts of funds are
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`1
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`
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`pieces of confidential financial information. Petitioners filed Ex. 1015 to be
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`viewable to the Board and Parties only.
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`3. Ex. 1016 is a declaration by Michael Femal which includes a Joint
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`Defense Agreement (Ex. A) related to the co-pending litigation and confirmations
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`for transfers of funds (Ex. B). Petitioners filed Ex. 1016 to be viewable to the
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`Board and Petitioners only. Ex. 1016 includes confidential financial information
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`such as account numbers and amounts of funds. See Ex. B attached to Ex. 1016.
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`In addition, the entirety of the Joint Defense Agreement is privileged work product
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`the contents of which necessarily relate to legal strategy among multiple parties
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`which are each defendants in the co-pending patent infringement lawsuits asserted
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`by PerDiem involving the same patents which are subject to the inter partes review
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`proceedings at issue. See Ex. A attached to Ex. 1016. See, e.g., AMEC Civil, LLC
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`v. DMJM Harris, Inc., 2008 WL 8171059, at *4 (D.N.J. July 11, 2008);
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`R.F.M.A.S., Inc. v. So, 2008 WL 465113, at *1 (S.D.N.Y. Feb. 15, 2008) (“As a
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`general matter, a joint-defense agreement fits within the broad definition of work
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`product, which embraces documents prepared because of the prospect of
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`litigation.”) (citing United States v. Adlman, 134 F.3d 1194, 1202-03 (2d Cir.
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`1998); A.I. Credit Corp. v. Providence Washington Ins. Co., Inc., 1997 WL
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`231127, at *4 (S.D.N.Y. May 7, 1997).
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`III. Certification of Conference with Opposing Party
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`
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`2
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`
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`Petitioners attempted in good faith to confer with Patent Owner regarding
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`the filing of this Motion to Seal and Default Protective Order. Petitioners contacted
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`Patent Owner via email on October 31, 2016 to discuss the confidentiality of the
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`evidence and the Default Protective Order. Patent Owner did not respond.
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`IV. Conclusion
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`Petitioners respectfully request entry of the Default Protective Order and that
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`the Board grant this motion to file under seal.
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`Respectfully submitted,
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`
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`Date: November 1, 2016
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`
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`
`
`
`
`/Vivek Ganti/
`
`
` Vivek Ganti (Reg. No. 71,368)
`Lead Counsel for Petitioner
`HILL, KERTSCHER & WHARTON, LLP
`3350 Riverwood Pkwy, Suite 800
`Atlanta, GA 30339
`vg@hkw-law.com
`
`3
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`
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`CERTIFICATION OF SERVICE
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`
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`The undersigned hereby certifies that the foregoing paper and supporting
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`materials were served via electronic mail on November 1, 2016, as agreed to by the
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`parties pursuant to 37 C.F.R. § 42.105, in its entirety on the following:
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`Alan Whitehurst
`AlanWhitehurst@quinnemanuel.com
`Quinn-PerDiem@quinnemanuel.com
`Quinn Emanuel Urquhart & Sullivan, LLP
`777 6th Street NW 11th floor
`Washington, D.C. 20001-3706
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`
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`Respectfully submitted,
`HILL, KERTSCHER & WHARTON, LLP
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`
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`Date: November 1, 2016
`
`
`
`/Vivek Ganti/
` Vivek Ganti
`Lead Counsel for Petitioner
`3350 Riverwood Pkwy, Suite 800 Registration No. 71,368
`Atlanta, GA 30339
`(770) 953-0995
`
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`4
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