Paper 50
`
`
`Trials@uspto.gov
`571-272-7822 Entered: November 20, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`NVIDIA CORPORATION,
`Petitioner,
`
`v.
`
`POLARIS INNOVATIONS LIMITED,
`Patent Owner.
`
`____________
`
`Case IPR2017-01781
`Patent 8,161,344 B2
`____________
`
`
`
`
`Before MINN CHUNG, DANIEL J. GALLIGAN, and
`JOHN A. HUDALLA, Administrative Patent Judges.
`
`GALLIGAN, Administrative Patent Judge.
`
`
`ORDER
`Granting Patent Owner’s Renewed Motion to Seal
`35 U.S.C. § 316; 37 C.F.R. §§ 42.14, 42.54
`
`
`
`
`
`
`
`Trials@uspto.gov
`571-272-7822 Entered: November 20, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`NVIDIA CORPORATION,
`Petitioner,
`
`v.
`
`POLARIS INNOVATIONS LIMITED,
`Patent Owner.
`
`____________
`
`Case IPR2017-01781
`Patent 8,161,344 B2
`____________
`
`
`
`
`Before MINN CHUNG, DANIEL J. GALLIGAN, and
`JOHN A. HUDALLA, Administrative Patent Judges.
`
`GALLIGAN, Administrative Patent Judge.
`
`
`ORDER
`Granting Patent Owner’s Renewed Motion to Seal
`35 U.S.C. § 316; 37 C.F.R. §§ 42.14, 42.54
`
`
`
`
`
`
`IPR2017-01781
`Patent 8,161,344 B2
`
`
`INTRODUCTION
`Following our denial without prejudice (Paper 28) of Patent Owner’s
`Motion to Seal (Paper 20), Patent Owner filed an Unopposed Renewed
`Motion to Seal (“Motion”). Paper 30. The Motion seeks to seal Paper 25
`and Exhibits 2005, 2007, 2009, 2013, 2015, 2023, 2025, 2046, 2048, 1027,
`and 1028. Id. at 1, 4. The chart below lists the documents that are the
`subject of this motion and the corresponding public, redacted versions.
`Version Submitted
`Redacted
`under Seal
`Version
`Ex. 2005
`Ex. 2051
`Ex. 2007
`Ex. 2008
`Ex. 2009
`Ex. 2010
`Ex. 2013
`Ex. 2014
`Ex. 2015
`Ex. 2016
`Ex. 2023
`Ex. 2024
`Ex. 2025
`Ex. 2026
`Ex. 2046
`Ex. 2047
`Ex. 2048
`Ex. 2049
`Ex. 1027
`Ex. 1031
`Ex. 1028
`Ex. 1032
`Paper 25
`Paper 26
`
`
`For reasons set forth below, we grant the Motion.
`DISCUSSION
` There is a strong public policy for making all information filed in a
`quasi-judicial administrative proceeding open to the public, especially in an
`inter partes review, which determines the patentability of claims in an issued
`2
`
`
`
`IPR2017-01781
`Patent 8,161,344 B2
`
`patent and therefore affects the rights of the public. Garmin Int’l v. Cuozzo
`Speed Techs., LLC, Case IPR2012-00001 (PTAB Mar. 14, 2013), Paper 34,
`1–2. In that regard, we note the Office Trial Practice Guide, 77 Fed. Reg.
`48756, 48760 (Aug. 14, 2012), provides:
`The rules aim to strike a balance between the public’s interest in
`maintaining a complete and understandable file history and the
`parties’ interest in protecting truly sensitive information.
`
`
`* * *
`
`
`Confidential Information: The rules identify confidential
`information in a manner consistent with Federal Rule of Civil
`Procedure 26(c)(1)(G), which provides for protective orders for
`trade secret or other confidential research, development, or
`commercial information. § 42.54.
`Patent Owner, as the moving party, bears the burden of showing that
`the relief requested should be granted. 37 C.F.R. § 42.20(c). Patent Owner
`must show “good cause” for sealing these exhibits. 37 C.F.R. § 42.54(a). In
`an informative Decision, the Board explained that
`a movant to seal must demonstrate adequately that (1) the
`information sought to be sealed is truly confidential, (2) a
`concrete harm would result upon public disclosure, (3) there
`exists a genuine need to rely in the trial on the specific
`information sought to be sealed, and (4), on balance, an interest
`in maintaining confidentiality outweighs the strong public
`interest in having an open record.
`Argentum Pharmaceuticals LLC v. Alcon Research, Ltd., IPR2017-01053,
`Paper 27, 3 (Jan. 19, 2018). 1
`
`
`1 Designated informative on July 10, 2018.
`3
`
`
`
`IPR2017-01781
`Patent 8,161,344 B2
`
`
`As to Exhibits 2005, 2007, 2009, 2013, 2015, 2023, 2025, and 2046,
`Patent Owner seeks to maintain the confidentiality of certain dates in
`documents supporting its contention of earlier conception and diligent
`reduction to practice and the identity of a third party with whom a previous
`assignee of the ’344 patent (Qimonda) had a non-disclosure agreement.
`Motion 1–3. As to Exhibit 2048, Patent Owner seeks to maintain as
`confidential information “relat[ing] to circumstances that are confidential to
`Polaris and a third party.” Motion 4.
`Patent Owner asserts that Exhibit 1028 has “confidential internal
`operational and pricing information for” a law firm that worked for
`Qimonda. Motion 11. According to Patent Owner, the confidential portions
`of Exhibit 1027, which is a transcript of the deposition of Ferdinand
`Stöckeler, and Paper 25, which is Petitioner’s Reply, discuss or cite
`confidential information in the other exhibits.
`Patent Owner asserts that all of the information it seeks to seal is truly
`confidential, that harm would result from its disclosure, and that there is a
`genuine need for the parties to rely on this information. Motion 6–12.
`Patent Owner also explains how its need to maintain the confidentiality of
`this information outweighs the public interest in a fully open record. Id.
`Petitioner does not oppose the relief sought by this Motion. Id. at 13.
`We have reviewed the materials Patent Owner seeks to seal, and we
`have considered Patent Owner’s arguments. The redacted portions of these
`materials appear to be tailored narrowly to only confidential information.
`We are persuaded that good cause exists to seal Paper 25 and Exhibits 2005,
`2007, 2009, 2013, 2015, 2023, 2025, 2046, 2048, 1027, and 1028.
`
`4
`
`
`
`IPR2017-01781
`Patent 8,161,344 B2
`
`
`In addition, Patent Owner informed the Board via email that certain
`dates listed in Exhibit 3001 are confidential, and Patent Owner asked the
`Board to seal that exhibit as well. The document has been sealed. Patent
`Owner shall confer with Petitioner to create a public version of Exhibit 3001
`that redacts only the dates that are confidential and file that document as its
`own exhibit within five business days of this Order.
`
`
`ORDER
`
`It is
`
`ORDERED that Patent Owner’s Renewed Motion to Seal is granted
`
`and that Paper 25 and Exhibits 2005, 2007, 2009, 2013, 2015, 2023, 2025,
`2046, 2048, 1027, and 1028 shall be maintained under seal; and
`FURTHER ORDERED that Patent Owner shall confer with Petitioner
`to create a public version of Exhibit 3001 that redacts only the dates that are
`confidential and file that document as its own exhibit within five business
`days of this Order.
`
`
`
`
`
`
`5
`
`
`
`IPR2017-01781
`Patent 8,161,344 B2
`
`FOR PETITIONER:
`
`Jeremy Monaldo
`W. Karl Renner
`David M. Hoffman
`FISH & RICHARDSON P.C.
`jjm@fr.com
`axf-ptab@fr.com
`hoffman@fr.com
`
`
`FOR PATENT OWNER:
`
`Matthew Phillips
`Derek Meeker
`Kevin Laurence
`LAURENCE & PHILLIPS IP LAW LLP
`mphillips@lpiplaw.com
`dmeeker@lpiplaw.com
`klaurence@lpiplaw.com
`
`Bryan Richardson
`WiLAN INC.
`brichardson@wilan.com
`
`
`6
`
`
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