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`Paper No. 52
`
`Entered: July 25, 2013
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`
`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`GARMIN INTERNATIONAL, INC. ET AL.
`Petitioner
`
`v.
`
`CUOZZO SPEED TECHNOLOGIES LLC
`Patent Owner
`
`
`Case IPR-2012-00001
`Patent 6,778,074
`
`
`Before JAMESON LEE, MICHAEL P. TIERNEY, and JOSIAH C. COCKS,
`Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`Trial@uspto.gov
`571-272-7822
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`DECISION
`Motion to Seal
`37 C.F.R. §§ 42.14 and 42.54
`
`On May 21, 2013, petitioner Garmin filed a Motion to Seal (Paper 42)
`
`together with its Reply to Cuozzo’s Patent Owner Response (Paper 40). Garmin
`states that the motion concerns information Cuozzo has indicated to Garmin as
`confidential financial information of Cuozzo. We have reviewed the material
`
`
`
`Case IPR 2012-00001
`Patent 6,778,074
`
`subject to the Garmin motion, and see that the material sought to be sealed includes
`more than what fairly can be regarded as confidential financial information.
`
`For instance, general information on the source of funds used to prepare and
`file a patent application, information on whether Mr. Cuozzo described his
`invention to others when attempting to obtain financing, and information on
`whether others tried to talk him out of spending money on a patent application do
`not appear to be confidential financial information.
`
`More importantly, much of the material sought to be sealed is already
`revealed in petitioner’s Reply to the Patent Owner Response, for instance, page 7,
`lines 1-8 (Paper 40). That which is not revealed in the Reply either does not
`appear to have been relied or has not been shown to be relevant.
`
`The material sought to be sealed is Exhibit 1024, which includes portions of
`the cross examination testimony of Cuozzo’s inventor Giuseppe A. Cuozzo,
`specifically testimony in the transcript of that deposition commencing from page
`100, line 20, through page 106, line 16.
`
`It is
`ORDERED that Garmin’s Motion to Seal filed on May 21, 2013, is denied;
`
`FURTHER ORDERED that after seven (7) days of the date of this
`
`communication, Exhibit 1024 will be designated as “public” in PRPS (Patent
`Review Processing System);
`FURTHER ORDERED that within seven (7) days of the date of this
`
`communication, the parties are authorized to file a joint motion to have Exhibit
`1024 expunged and replaced by Substitute Exhibit 1024 – Substitute Exhibit 24
`will be the same as Exhibit 1024 but with all confidential financial information not
`
`
`
`-2-
`
`
`
`Case IPR 2012-00001
`Patent 6,778,074
`
`already revealed in Garmin’s Reply redacted; Substitute Exhibit 1024 shall be filed
`concurrently with the joint motion and be designated as “Public” in PRPS when
`filed.
`
`
`
`
`-3-
`
`
`
`Case IPR 2012-00001
`Patent 6,778,074
`
`For PETITIONER
`Jennifer C. Bailey
`HOVEY WILLIAMS LLP
`jcb@hoveywilliams.com
`
`Jason R. Mudd
`ERISE IP, P.A.
`6201 College Blvd., Suite 300
`Overland Park, Kansas 66211
`Jason.Mudd@EriseIP.com
`
`
`For PATENT OWNER
`
`John R. Kasha
`Kasha Law LLC
`john.kasha@kashalaw.com
`
`Cabrach J. Connor
`Taylor Dunham, LLP
`301 Congress Ave. Ste. 1050
`Austin, TX 78701
`cconnor@taylordunham.com
`
`
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`-4-
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