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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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`NINTENDO CO., LTD., and NINTENDO OF AMERICA INC.,
`Petitioners,
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`v.
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`ANCORA TECHNOLOGIES, INC.,
`Patent Owner.
`__________
`
`Case IPR2021-01338
`U.S. Patent No. 6,411,941 B1
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`____________________________________________________________
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`
`JOINT MOTION
`FOR ENTRY OF PROTECTIVE ORDER
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`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`Case No. IPR2021-01338
`Patent No. 6,411,941
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`INTRODUCTION
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`Pursuant to 37 C.F.R. § 42.54, the Scheduling Order (Paper 19), and Board
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`I.
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`communication authorization (Ex. 2028), the parties respectfully request that the
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`Board enter the proposed protective order filed herewith as exhibit 2038. The
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`Scheduling Order entered in this proceeding states that “[i]f the parties choose to
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`propose a protective order deviating from the default protective order, they must
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`submit the proposed protective order jointly along with a marked-up comparison
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`of the proposed and default protective orders showing the differences between the
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`two and explain why good cause exists to deviate from the default protective
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`order.”
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`The proposed protective order is based on the Board’s default protective
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`order (see Trial Practice Guide, App. B, 77 Fed. Reg. 48,756, 48,771 (Aug. 14,
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`2012)), with certain revisions made pursuant to requests from third parties whose
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`information is being submitted under the protective order. A redline copy of the
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`proposed protective order showing the changes relative to the default protective
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`order is also submitted herewith as exhibit 2039.
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`II. THERE IS GOOD CAUSE FOR THE AMENDMENTS TO THE
`DEFAULT ORDER
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`Ancora is concurrently submitting with its Patent Owner Response certain
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`exhibits evidencing licensing history for the patent at issue in this IPR as part of
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`Case No. IPR2021-01338
`Patent No. 6,411,941
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`the objective evidence of non-obviousness. These exhibits include third party
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`confidential information that the third parties wish to remain confidential.
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`Moreover, these third parties are requiring changes to the default protective order
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`as a condition of submission of this information to the Board.
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`Change Reason for Change
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`1
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`2
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`4
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`5
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`Deletion of “standing” removes any implication that the protective order
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`is identical to the Board’s default protective order
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`This change requires the parties to separately mark third party
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`confidential information.
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`This change is required by the third parties to limit disclosure only to
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`outside counsel of petitioners because of the sensitive nature of the
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`information.
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`“Party Representatives” is changed to “Outside Representatives”
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`pursuant to request of the third parties.
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`This change is pursuant to request of the third parties to control access
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`to those other than Outside Representatives.
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`This change requires a process facilitate obtaining consent from third
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`parties for expert access to third party confidential information.
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`Case No. IPR2021-01338
`Patent No. 6,411,941
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`This change is pursuant to the request of Petitioner Nintendo to allow
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`for a process should there be a dispute over sharing third party
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`confidential information with an expert.
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`This change is required by the third parties to limit disclosure only to
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`outside counsel of petitioners because of the sensitive nature of the
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`information.
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`9
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`This change is required by the third parties to limit disclosure only to
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`outside counsel of petitioners because of the sensitive nature of the
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`information.
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`10
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`This change is to clarify that documents having confidential information
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`must be filed under seal.
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`11
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`This change is to improve clarity.
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`III. CONCLUSION
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`The parties respectfully request that the Board enter the proposed protective
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`order and are available to discuss the proposed changes at the Board’s
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`convenience.
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`Respectfully submitted,
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`4
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`Dated: May 3, 2022
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`Case No. IPR2021-01338
`Patent No. 6,411,941
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`
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`By: /David A. Gosse/
`David A. Gosse
`Registration No. 61,511
`dgosse@fitcheven.com
`Counsel for Ancora Technologies, Inc.
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`By: / Kyle R. Canavera /
`Kyle Canavera, Reg. No. 72,167
`canavera-ptab@perkinscoie.com
`Counsel for Petitioners
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`Case No. IPR2021-01338
`Patent No. 6,411,941
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that the foregoing was served via electronic mail
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`to the attorneys listed below at PerkinsService-Nintendo-Ancora-
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`IPR@perkinscoie.com:
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`Lead Counsel
`Jerry A. Riedinger
`Reg. No. 30,582
`riedinger-ptab@perkinscoie.com
`Perkins Coie LLP
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`Dated: May 3, 2022
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`By:
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`Back-up Counsel
`Jose Villarreal, Reg. No. 43,969
`villarreal-ptab@perkinscoie.com
`Perkins Coie LLP
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`Kyle Canavera, Reg. No. 72,167
`canavera-ptab@perkinscoie.com
`Perkins Coie LLP
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`Theresa H. Nguyen (pro hac vice)
`nguyen-ptab@perkinscoie.com
`Perkins Coie LLP
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`Tara Kurtis, Reg. No. 74,846
`kurtis-ptab@perkinscoie.com
`Perkins Coie LLP
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`/David A. Gosse/
`David A. Gosse
`Reg. No. 61,511
`dgosse@fitcheven.com
`Nicholas T. Peters
`Reg. No. 53,456
`ntpete@fitcheven.com
`Karen J. Wang
`Reg. No. 62,503
`kwang@fitcheven.com
`FITCH, EVEN, TABIN & FLANNERY LLP
`120 South LaSalle Street, Suite 2100
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`Case No. IPR2021-01338
`Patent No. 6,411,941
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`Chicago, IL 60603
`(312) 577-7000
`(312) 577-7007 (fax)
`Attorneys for Patent Owner
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`7
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