`
`
`
`
` Paper 34
` Date: November 26, 2021
`
`
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`HP INC., 1
`Petitioner,
`
`v.
`
`SYNKLOUD TECHNOLOGIES, LLC,
`Patent Owner.
`____________
`
`IPR2020-01031 (Patent 10,015,254 B1)
`IPR2020-01032 (Patent 10,015,254 B1)2
`____________
`
`
`
`Before SALLY C. MEDLEY, LYNNE E. PETTIGREW, and SCOTT
`RAEVSKY, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`ORDER
`Granting Patent Owner’s
`Motions to Seal
`37 C.F.R. §§ 42.5, 42.14, 42.54
`
`
`
`
`
`1 Microsoft Corporation was terminated from the proceeding. Paper 31 in
`both proceedings.
`2 We exercise our discretion to issue one combined Decision to be filed in
`each case.
`
`
`
`IPR2020-01031 (Patent 10,015,254 B1)
`IPR2020-01032 (Patent 10,015,254 B1)
`
`
`
`Motions to Seal
`In its unopposed Motions to Seal, Patent Owner seeks to seal Exhibits
`2029 and 2030. Paper 18 (“PO Mot.”).3 Patent Owner represents that Exhibit
`2030 is a license agreement with a third party licensee and “is confidential by
`its terms.” Id. at 3. 4 Patent Owner represents that Exhibit 2029 is an
`“associated claim chart,” that apparently includes information of the third
`party’s product. Id. at 2. Patent Owner argues that making either exhibit
`public “would potentially vitiate the license as a possible breach thereof
`and/or expose PO to liability.” Id. at 3.
`There is a strong public policy that favors making information filed in
`an inter partes review open to the public. Garmin Int’l, Inc. v. Cuozzo Speed
`Techs. LLC, IPR2012-00001, Paper 34, 1–2 (PTAB Mar. 14, 2013). The
`standard for granting a motion to seal is good cause. 37 C.F.R. § 42.54. That
`standard includes showing that the information addressed in the motion to seal
`is truly confidential, and that such confidentiality outweighs the strong public
`interest in having the record open to the public. See Garmin at 2–3.
`We have considered the arguments presented by Patent Owner and
`determine that good cause has been established for sealing the documents
`identified. Specifically, Patent Owner demonstrates that the information
`sought to be sealed per the motions contains confidential information regarding
`“a license between the owner of the ’254 Patent and a recognized corporation,
`in consideration of payment of fees, along with an associated claim chart.” PO
`Mot. 2. Accordingly, we grant Patent Owner’s Motions to Seal, including
`
`
`3 Citations are to IPR2020-01031 unless otherwise indicated.
`4 The pages of the Motion are not numbered. We refer to the numbers of the
`pages beginning with the title page as number 1.
`2
`
`
`
`
`IPR2020-01031 (Patent 10,015,254 B1)
`IPR2020-01032 (Patent 10,015,254 B1)
`
`Patent Owner’s unopposed request for entry of the Proposed Stipulated
`Protective Order (Exhibit 2036), which is similar to the Board’s default
`protective order provided in the Office Patent Trial Practice Guide. See Patent
`Trial and Appeal Board Consolidated Trial Practice Guide (Nov. 2019),
`https://www.uspto.gov/TrialPracticeGuideConsolidated, (Appendix B).
`Accordingly, the record will be preserved in its entirety, and Exhibits
`2029 and 2030 will not be expunged or made public, pending the outcome of
`any appeal taken from a final written decision. At the conclusion of any
`appeal, or, if no appeal is taken, after the time for filing a notice of appeal has
`expired, the documents may be made public. See id. at 21–22. At that time,
`either party may file a motion to expunge sealed documents from the record
`pursuant to 37 C.F.R. § 42.56.
`
`Order
`
`It is:
`ORDERED that Patent Owner’s Motions to Seal are granted; and
`FURTHER ORDERED that Exhibits 2029 and 2030 will remain
`sealed as outlined per this order.
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`IPR2020-01031 (Patent 10,015,254 B1)
`IPR2020-01032 (Patent 10,015,254 B1)
`
`
`For PETITIONER:
`Joseph Micallef
`Scott Border
`SIDLEY AUSTIN LLP
`jmicallef@sidley.com
`sborder@sidely.com
`For PATENT OWNER:
`Gregory Gonsalves
`Yeasun Yoon
`CAPITOL IP LAW GROUP, PLLC
`gonsalves@gonsalveslawfim.com
`yoon@capitoliplaw.com
`
`
`
`
`4
`
`
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