IPR2017-00298
`U.S. Patent No. 6,612,713
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`YOTRIO CORPORATION,
`Petitioner
`
`v.
`
`LAKESOUTH HOLDINGS, LLC,
`Patent Owner.
`
`U.S. Patent No. 6,612,713
`Title: Umbrella Apparatus
`
`Case No. IPR2017-00298
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`
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`PATENT OWNER LAKESOUTH HOLDINGS, LLC’S UNOPPOSED
`MOTION TO SEAL AND MOTION FOR PROTECTIVE ORDER
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`PATENT OWNER’S UNOPPOSED MOTION TO SEAL
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`
`U.S. Patent No. 6,612,713
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`YOTRIO CORPORATION,
`Petitioner
`
`v.
`
`LAKESOUTH HOLDINGS, LLC,
`Patent Owner.
`
`U.S. Patent No. 6,612,713
`Title: Umbrella Apparatus
`
`Case No. IPR2017-00298
`
`
`
`PATENT OWNER LAKESOUTH HOLDINGS, LLC’S UNOPPOSED
`MOTION TO SEAL AND MOTION FOR PROTECTIVE ORDER
`
`
`
`
`
`
`
`PATENT OWNER’S UNOPPOSED MOTION TO SEAL
`
`
`
`IPR2017-00298
`U.S. Patent No. 6,612,713
`Pursuant to 37 C.F.R. § 42.54, Patent Owner LakeSouth Holdings, LLC
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`(“LakeSouth”) respectfully moves to file an Exhibit with its Preliminary Response
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`under seal. As detailed below, the Exhibit contains highly confidential and
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`extremely sensitive
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`information regarding financial matters pertaining
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`to
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`LakeSouth’s business and also contains summaries of confidential license
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`agreements between LakeSouth and third parties. Further, as set forth below,
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`LakeSouth also respectfully requests entry of the Default Protective Order.
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`Counsel for LakeSouth contacted Counsel for Petitioners and requested
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`Petitioners’ consent to file material under seal and for consent to abide by the
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`Default Protective Order in this case. Petitioner agreed to both requests.
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`I.
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`GOOD CAUSE EXISTS FOR SEALING CONFIDENTIAL
`INFORMATION
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`The Office Patent Trial Practice Guide provides that “the rules aim to strike
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`a balance between
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`the public’s
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`interest
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`in maintaining a complete and
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`understandable file history and the parties’ interest in protecting truly sensitive
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`information.” 77 Fed. Reg. 48,756, 48,760 (Aug. 14, 2012). Further, those rules
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`“identify confidential information in a manner consistent with the Federal Rules of
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`Civil Procedure 26(c)(1)(G), which provides for protective orders for trade secret
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`or other confidential research, development, or commercial information.” Id.
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`(citing 37 C.F.R. § 42.54).
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`PATENT OWNER’S UNOPPOSED MOTION TO SEAL
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`Page 1 of 5
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`
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`IPR2017-00298
`U.S. Patent No. 6,612,713
`Here, LakeSouth seeks to seal from public view two limited classes of
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`confidential information. First, LakeSouth seeks protection of information related
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`to license agreements entered into between LakeSouth and third parties. These
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`licenses are summarized in Exhibit 2001 to LakeSouth’s Preliminary Response, the
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`Declaration of John S. Kuelbs. LakeSouth is not at this time (i.e., at the
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`Preliminary Response phase of the case) seeking to file the actual license
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`agreements under seal; rather, LakeSouth is providing summaries of certain terms
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`from the agreements. LakeSouth believes this is the most efficient way at this point
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`to provide relevant information to the Board while keeping as little information as
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`possible from public view. For example, LakeSouth will file as Exhibit 2002 a
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`version of Exhibit 2001 with minimal redactions (e.g., party names, execution
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`dates, royalty terms). LakeSouth has provided copies of the actual license
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`agreements to Petitioners’ counsel in the co-pending litigation under a HIGHLY
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`CONFIDENTIAL – ATTORNEYS’ EYES ONLY designation under
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`the
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`Protective Order in that case.
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`Additionally, Exhibit 2001 discloses information about sales and revenue for
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`LakeSouth products covered by one or more claims of the patents at issue.
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`LakeSouth is a privately held company, and its financial information is extremely
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`sensitive. The underlying source data has not yet been provided in the co-pending
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`litigation due to a staggered production schedule entered in that case.
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`PATENT OWNER’S UNOPPOSED MOTION TO SEAL
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`Page 2 of 5
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`IPR2017-00298
`U.S. Patent No. 6,612,713
`LakeSouth understands and acknowledges that material described above and
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`relied upon in any decision regarding patentability may become part of the public
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`record. Additionally, Petitioners’ ability to raise its claims or defenses will not be
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`impacted by filing the above Exhibit 2001 under seal, as Petitioners’ in-house and
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`outside counsel will have access to the sealed versions under the Default Protective
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`Order.
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`As stated above, LakeSouth has conferred with Petitioners and reached
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`agreement on LakeSouth’s request to seal and on entry of the Default Protective
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`Order.
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`II. CERTIFICATION OF NON-PUBLICATION
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`On behalf of LakeSouth, the undersigned counsel certifies that the
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`information identified in the exhibits and sought to be sealed has not, to his
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`knowledge, been published or otherwise made public.
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`III. CERTIFICATION OF CONFERENCE WITH OPPOSING
`PARTIES PURSUANT TO 37 C.F.R. § 42.54
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`LakeSouth has in good faith conferred with Petitioners and reached an
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`agreement on the relief sought herein, including the entry of the Default Protective
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`Order.
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`PATENT OWNER’S UNOPPOSED MOTION TO SEAL
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`Page 3 of 5
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`IPR2017-00298
`U.S. Patent No. 6,612,713
`Respectfully Submitted,
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`By: /Andrew J. Wright/
`Andrew J. Wright
`Reg. No. 68,600
`680 North Carroll Avenue
`Suite 110
`Southlake, Texas 76092
`817.601.9564
`andrew@brusterpllc.com
`
`Counsel for Patent Owner
`LakeSouth Holdings, LLC
`
`
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`Date: February 28, 2017
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`PATENT OWNER’S UNOPPOSED MOTION TO SEAL
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`Page 4 of 5
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`IPR2017-00298
`U.S. Patent No. 6,612,713
`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), I hereby certify that on this 28th day of
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`
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`February, 2017, I electronically filed the foregoing document and served a copy of
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`the same on counsel for Petitioner at the following e-mail addresses:
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`
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`Dwayne C. Norton – dnorton@chenmalin.com
`Li Chen – lchen@chenmalin.com
`Michael Fagan – mfagan@chenmalin.com
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`Chen Malin LLP
`1700 Pacific Avenue, Suite 2400
`Dallas, Texas 75201
`214.627.9950 (telephone)
`214.627.9940 (facsimile)
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`Dated: February 28, 2017
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`
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`/s/ Andrew J. Wright____________
`Andrew J. Wright
`
`Bruster PLLC
`680 North Carroll Ave., Suite 110
`Southlake, Texas 76092
`817.601.9564
`N/A
`andrew@brusterpllc.com
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`Law Firm:
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`Address:
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`City, State, ZIP:
`Telephone:
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`Fax:
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`E-mail Address:
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`PATENT OWNER’S UNOPPOSED MOTION TO SEAL
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`Page 5 of 5
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