`571-272-7822
`
`
`
`
`Paper 84
`Entered: March 31, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TRADESTATION GROUP, INC. and
`TRADESTATION SECURITIES, INC., IBG LLC, and
`INTERACTIVE BROKERS, LLC,
`Petitioner,
`
`v.
`
`TRADING TECHNOLOGIES INTERNATIONAL, INC.,
`Patent Owner.
`
`Case CBM2015-001721
`Patent No. 7,783,556 B1
`
`
`
`
`
`
`
`
`
`Before SALLY C. MEDLEY, MEREDITH C. PETRAVICK, and
`JEREMY M. PLENZLER, Administrative Patent Judges.
`
`PETRAVICK, Administrative Patent Judge.
`
`
`
`
`
`DECISION
`Granting Motion to Seal
`37 C.F.R. §§ 42.14 and 42.54
`
`INTRODUCTION
`
`Pursuant to 37 C.F.R. § 42.14, Patent Owner filed a motion to seal to
`its Motion for Additional Discovery and Exhibits 2143–2151, 2154, and
`
`1 Case CBM2016-00040 has been joined with this proceeding.
`
`
`
`CBM2015-00172
`Patent 7,783,556 B1
`
`2156–2158. Paper 33. Patent Owner represents that Petitioner does not
`oppose the motion. Id. at 1.
`There is a strong public policy for making all information filed in an
`inter partes review open to the public. Under 35 U.S.C. § 316(a)(1), the
`default rule is that all papers filed in an inter partes review are open and
`available for access by the public; a party, however, may file a concurrent
`motion to seal (37 C.F.R. § 42.14). The standard for granting a motion to
`seal is “for good cause.” 37 C.F.R. § 42.54. The party moving to seal bears
`the burden of proof in showing entitlement to the requested relief, and must
`explain why the information sought to be sealed constitutes confidential
`information. 37 C.F.R. § 42.20(c).
`Patent Owner asserts that there is good cause to seal the paper and
`exhibits because they contain sensitive business information that would not
`otherwise be published or made available to the public. See Paper 33, 4.
`We agree. The information Patent Owner seeks to seal was not relied on in
`the Final Written Decision. As such protecting the confidential information
`from public disclosure only minimally impacts the public’s interest in
`maintaining a complete file history. Further, non-confidential information
`will be publically available because non-confidential versions of the papers
`have been filed. See Paper 32 (redacted version of motion for additional
`discovery).
`A motion to seal is required to include a proposed protective order and
`a certification that the moving party has in good faith conferred or attempted
`to confer with the opposing party in an effort to come to an agreement as to
`the scope of the proposed protective order for this covered business method
`patent review. 37 C.F.R. § 42.54. Patent Owner indicates that the parties
`
`2
`
`
`
`CBM2015-00172
`Patent 7,783,556 B1
`
`have conferred and agree to entry of the default protective located at Office
`Trial Practice Guide, 77 Fed. Reg. 48756, 48771 (Aug. 14, 2012) (Appendix
`B). Paper 33, 5.
`Based on Patent Owner’s unopposed representations and the
`reasonably limited scope of the protection sought, we determined that good
`cause exists to grant the motion to seal. 37 C.F.R. § 42.54.
`
`It is:
`ORDERED that Patent Owner’s motion to seal is granted.
`
`
`
`
`
`
`
`
`
`
`
`PETITIONER:
`
`Robert Sokohl
`STERN, KESSLER, GOLDSTEIN & FOX
`Rsokohl-ptab@skgf.com
`
`Michael T. Rosato
`Matthew A. Argenti
`WILSON SONSINI GOODRICH & ROSATI
`mrosato@wsgr.com
`margenti@wsgr.com
`
`John Phillips
`Kevin Su
`FISH & RICHARDSON P.C.
`phillips@fr.com
`CBM41919-0002CP1@fr.com
`
`
`3
`
`
`
`CBM2015-00172
`Patent 7,783,556 B1
`
`PATENT OWNER:
`
`Erika H. Arner
`Kevin D. Rodkey
`Joshua L. Goldberg
`Rachel L. Emsley
`Cory Bell
`FINNEGAN, HENDERSON, FARABOW, GARRET & DUNNER, LLP
`erika.arner@finnegan.com
`kevin.rodkey@finnegan.com
`joshua.goldberg@finnegan.com
`rachel.emsley@finnegan.com
`cory.bell@finnegan.com
`
`Michael D. Gannon
`Leif R. Sigmond, Jr.
`Jennifer Kurcz
`MCDONNELL BOEHNEN HULBERT & BERGHOFF LLP
`gannon@mbhb.com
`sigmond@mbhb.com
`kurcz@mbhb.com
`
`Steven F. Borsand
`Jay Knobloch
`TRADING TECHNOLOGIES INTERNATIONAL, INC.
`tt-patent-cbm@tradingtechnologies.com
`jay.knobloch@tradingtechnologies.com
`
`4
`
`
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