`
`Entered: January 9, 2017
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AXON EP, INC. and SCREEN LOGIX, LLC,
`Petitioner,
`
`v.
`
`DERRICK CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2016-00642
`Patent 7,228,971 B2
`____________
`
`
`Before BARRY L. GROSSMAN, CARL M. DEFRANCO, and
`JAMES J. MAYBERRY, Administrative Patent Judges.
`
`MAYBERRY, Administrative Patent Judge.
`
`
`
`DECISION
`Patent Owner’s Motion to Seal
`37 C.F.R. §§ 42.5, 42.14, 42.54
`
`
`
`
`
`
`
`IPR2016-00642
`Patent 7,228,971 B2
`
`
`On November 22, 2016, Patent Owner, Derrick Corporation
`(“Derrick”), filed a Motion to Seal (the “Motion”). Paper 20. Patent Owner
`moves to seal the Patent Owner Response (Paper 19) and Exhibits 2018,
`2020, and 2023. Id., 1. In the Motion, Derrick certifies that it conferred in
`good faith with Petitioners Axon EP, Inc. and Screen Logix, LLC regarding
`the scope of protection sought in the Motion. Id. at 3. Petitioner did not file
`an opposition to the Motion. Derrick further certifies that it and Petitioners
`agree to be bound by the Default Standing Protective Order, which is
`included as Appendix A to the Motion. Id.
`Patent Owner asserts that good cause exists for granting the Motion.
`Paper 20, 1–2. Specifically, Patent Owner indicates that Exhibits 2023
`contains Derrick’s confidential sales and revenue information and that this
`information is not generally available to the public. Id. at 1. Derrick’s
`Patent Owner Response includes information from Exhibit 2023. Id. at 2.
`Derrick provided non-confidential versions of its Patent Owner Response
`and Exhibit 2023. Id.; see Paper 18; Ex. 2033.
`Exhibits 2018 and 2020 contain confidential information of Screen
`Logix, including its internal discussions, its purchase of assets, and its
`development of the Model 500 screen. Id. at 2. Derrick filed non-
`confidential versions of Exhibits 2018 and 2020. Id.; see Exs. 2031, 2032.
`After consideration of the Motion and its appendix, we grant Patent
`Owner’s request, and the proposed Protective Order is entered for the
`referenced papers and exhibits. The parties are reminded that confidential
`information that is subject to a protective order ordinarily becomes public
`45 days after final judgment in a trial. Office Patent Trial Practice Guide,
`77 Fed. Reg. 48,756, 48,761 (Aug. 14, 2012). The Board and the public
`
`
`
`2
`
`
`
`IPR2016-00642
`Patent 7,228,971 B2
`
`expect that information will be made public where the existence of the
`information is identified in a final written decision following a trial. Id.
`After final judgment in a trial, a party may file a motion to expunge
`confidential information from the record prior to the information becoming
`public. See 37 C.F.R. § 42.56.
`It is
`ORDERED that Patent Owner’s Motion is granted;
`FURTHER ORDERED that Exhibits 2018, 2020, 2023, and the
`confidential (unredacted) version of the Patent Owner Response (Paper 19)
`be sealed; and
`FURTHER ORDERED that the proposed Protective Order is placed
`into effect for the papers and exhibits referenced in the Motion.
`
`
`
`
`
`3
`
`
`
`IPR2016-00642
`Patent 7,228,971 B2
`
`PETITIONER:
`
`Robinson Vu
`Paul Morico
`Thomas Rooney
`Lindsay Volpenhein
`BAKER BOTTS LLP
`robinson.vu@bakerbotts.com
`paul.morico@bakerbotts.com
`thomas.rooney@bakerbotts.com
`lindsay.volpenhein@bakerbotts.com
`
`Jeffrey S. Ginsberg
`David J. Copperberg
`PATTERSON BELKNAP WEBB & TYLER LLP
`dcooperberg@pbwt.com
`jginsberg@pbwt.com
`
`
`
`
`4
`
`
`
`
`
`For PATENT OWNER:
`
`Jason Mueller
`Chris Perque
`Jason Gaskill
`Melissa Rizzo
`Jay M. Mattappally
`ADAMS AND REESE, LLP
`jason.mueller@arlaw.com
`chris.perque@arlaw.com
`jason.gaskill@arlaw.com
`melissa.rizzo@arlaw.com
`jay.mattappally@arlaw.com
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