`571-272-7822
`
`
`
`
`
` Paper 22
` Entered: May 11, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AUTOMOTIVE DATA SOLUTIONS, INC.,
`Petitioner,
`
`v.
`
`AAMP OF FLORIDA, INC.,
`Patent Owner.
`____________
`
`Case IPR2016-00061
`Patent 9,165,593 B2
`
`
`
`Before KEN B. BARRETT, KRISTEN L. DROESCH, and
`TRENTON A. WARD, Administrative Patent Judges.
`
`
`DROESCH, Administrative Patent Judge.
`
`
`
`DECISION
`Patent Owner’s Motion to Seal
`37 C.F.R. §§ 42.14, 42.54
`
`
`
`
`
`
`
`
`
`
`IPR2016-00061
`Patent 9,165,593 B2
`
`
`
`Patent Owner filed a Motion to Seal Exhibits 2001, 2029, and 2030,
`
`and the Preliminary Response referencing the aforementioned Exhibits.
`
`Paper 20 (“Motion” or “Mot.”). Patent Owner filed redacted versions of
`
`Exhibits 2001, 2029, and 2030 and the Preliminary Response (Paper 18) to
`
`be available to the public. Along with its Motion, Patent Owner indicated
`
`that Petitioner and Patent Owner stipulate to entry of the Default Protective
`
`Order, and attached the Default Protective Order set forth in the OFFICE
`
`PATENT TRIAL PRACTICE GUIDE 77 Fed. Reg. 48,756, 48,771 (Aug. 14,
`
`2012) as Appendix A to its Motion. Mot. 2., Mot. Ex. A.
`
`
`
`As a preliminary matter, the form in which Petitioner provided the
`
`Default Protective Order is not acceptable because it is a copy of page
`
`48,771 of the Federal Register, volume 77. See Mot. Ex. A. Patent Owner
`
`is ordered to file the stipulated Default Protective Order as a separate
`
`numbered exhibit, properly captioned for entry in the case, formatted
`
`consistent with other papers in this case, and excluding extraneous matter.
`
`
`
` The standard for granting a motion to seal is “good cause.” 37 C.F.R.
`
`§ 42.54. There is a strong public policy that favors making information filed
`
`in an inter partes review open to the public. See Garmin Int’l v. Cuozzo
`
`Speed Techs., LLC, Case IPR2012-00001, slip op. at 1–2 (PTAB Mar. 14,
`
`2013) (Paper 34) (discussing the standards applied to motions to seal). The
`
`moving party bears the burden of showing that the relief requested should be
`
`granted. 37 C.F.R. § 42.20(c). The burden includes showing why the
`
`information is confidential. See Garmin, slip op. at 3.
`
`
`
`Patent Owner asserts good cause exists for granting the motion
`
`because the confidential information in Exhibits 2001, 2029, and 2030, and
`
`referenced in the Preliminary Response reflect Patent Owner’s confidential
`
`2
`
`
`
`IPR2016-00061
`Patent 9,165,593 B2
`
`sales information of its products, which Patent Owner has a compelling
`
`interest to protect. Mot. 1–2.
`
`
`
`We have considered Patent Owner’s Motion and the information
`
`contained in Exhibits 2001, 2029, and 2030, and the Preliminary Response.
`
`We are persuaded Patent Owner has demonstrated sufficiently why Exhibits
`
`2001, 2029, and 2030, and the Preliminary Response each include
`
`confidential information that should be sealed. Accordingly, we grant Patent
`
`Owner’s Motion to Seal.
`
`
`
`
`
`Accordingly, it is
`
`ORDERED that the Default Protective Order set forth in the OFFICE
`
`PATENT TRIAL PRACTICE GUIDE 77 Fed. Reg. 48,756, 48,771 (Aug. 14,
`
`2012) as Appendix A (Mot. Ex. A) governs the treatment of confidential
`
`information in these proceedings;
`
`
`
`ORDERED that Patent Owner’s Motion to Seal Exhibits 2001, 2029,
`
`and 2030, and the Preliminary Response is GRANTED; and
`
`
`
`FURTHER ORDERED that Patent Owner has FIVE business days
`
`from the date of this Decision, to file the stipulated Default Protective Order
`
`(Mot. Ex. A) in proper form as a numbered exhibit, properly captioned for
`
`entry in the case, formatted consistent with other papers in this case, and
`
`excluding extraneous matter.
`
`
`
`
`
`3
`
`
`
`IPR2016-00061
`Patent 9,165,593 B2
`
`PETITIONER:
`
`R. Joseph Trojan
`Fredrick S. TsangTROJAN LAW OFFICES
`Trojan@Trojanlawoffices.com
`Tsang@Trojanlawoffices.com
`
`
`
`PATENT OWNER:
`
`Greg F. LoCascio
`Brian A Verbus
`KIRKLAND & ELLIS LLP
`glocascio@kirkland.com
`Brian.verbus@kirkland.com
`
`
`
`Joel Weiss
`WEISS & ARONS, LLP
`jweiss@weissarons.com
`
`
`
`4
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