`571-272-7822
`
`
`
`
`
`Paper 62
`Entered: January 17, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNIFIED PATENTS INC.,
`Petitioner,
`
`v.
`
`BRADIUM TECHNOLOGIES LLC,
`Patent Owner.
`____________
`
`Case IPR2018-00952
`Patent 9,253,239 B2
`
`
`
`Before BRYAN F. MOORE, BRIAN J. McNAMARA and MINN CHUNG,
`Administrative Patent Judges.
`
`CHUNG, Administrative Patent Judge.
`
`
`
`
`ORDER
`Authorizing Petitioner’s Renewed Motion to Seal
`37 C.F.R. § 42.54
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`IPR2018-00952
`Patent 9,253,239 B2
`
`
`
`I. DISCUSSION
`In our Final Written Decision in this proceeding, we denied without
`prejudice Petitioner’s motions to seal Exhibit 2004, Exhibit 2013, and
`Papers 19, 25, 30, 38, and 45. Paper 60, 76–78. On January 10, 2020, a
`conference call was held among respective counsel for Petitioner and Patent
`Owner, and Judges Chung, McNamara, and Moore to discuss the panel’s
`concern that some of the material sought to be sealed appears to be public
`information and that the proposed redactions for the papers and exhibits
`requested to be partially sealed are, in the opinion of the panel, excessive.
`See id.
`During the conference call, we authorized Petitioner to file a renewed
`motion to seal, not to exceed 5 pages and to be filed no later than February
`7, 2019, requesting again that certain papers and exhibits be partially or
`entirely sealed. The renewed motion to seal must be accompanied by newly
`redacted versions of any papers or exhibits to be partially sealed. To
`establish good cause for the requested protection, Petitioner’s renewed
`motion and accompanying redactions must better explain the need for
`confidentiality/redaction of any alleged confidential information to cure the
`deficiencies noted in our Final Written Decision or discussed during the
`conference call.
`In addition to these papers and exhibits, we noted during the
`conference call that the Final Written Decision in this case remains sealed
`out of an abundance of caution and that, to the extent Petitioner believes the
`Final Written Decision contains confidential information, Petitioner should
`
`
`
`
`2
`
`
`
`IPR2018-00952
`Patent 9,253,239 B2
`
`
`include the Final Written Decision in its renewed motion to seal and submit
`a narrowly redacted version of the Final Written Decision.
`We also noted during the conference call that Exhibits 2035, 2036,
`2056, and 2057 have been filed under seal without accompanying motions to
`seal. In response, Patent Owner represented that these exhibits were filed
`under seal to protect Petitioner’s allegedly confidential information. Noting
`that Exhibits 2035, 2036, 2056, and 2057 were not mentioned or discussed
`in the Final Written Decision, we directed Petitioner to include these
`exhibits in its renewed motion to seal or, in the alternative, file a motion to
`expunge these exhibits.
`The parties shall confer in hopes of filing the renewed motion to seal
`(or the motion to expunge, if appropriate) as unopposed. However, if Patent
`Owner opposes Petitioner’s renewed motion to seal or motion to expunge,
`Patent Owner is authorized to file an opposition not exceeding five pages no
`later than February 14, 2020.
`All presently protected papers and exhibits will remain sealed until
`further notice from this panel.
`
`
`II. ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that Petitioner is authorized to file a renewed Motion to
`Seal, not to exceed five pages and no later than February 7, 2020;
`FURTHER ORDERED that together with its renewed Motion to Seal,
`Petitioner shall file narrowly redacted public versions of any documents
`sought to be sealed;
`
`3
`
`
`
`
`
`
`IPR2018-00952
`Patent 9,253,239 B2
`
`
`
`FURTHER ORDERED that Petitioner is authorized, but not required,
`to file a motion to expunge Exhibits 2035, 2036, 2056, and 2057 no later
`than February 7, 2020;
`FURTHER ORDERED that if Patent Owner opposes Petitioner’s
`renewed Motion to Seal or motion to expunge, Patent Owner is authorized to
`file an Opposition not to exceed 5 pages and no later than February 14,
`2020; and
`FURTHER ORDERED that all presently protected papers and
`exhibits in the record will remain sealed until further notice from this panel.
`
`
`
`
`
`
`
`
`4
`
`
`
`IPR2018-00952
`Patent 9,253,239 B2
`
`
`For PETITIONER:
`David Cavanaugh
`Daniel Williams
`Jonathan Robe
`WILMER CUTLER PICKERING HALE & DORR LLP
`david.cavanaugh@wilmerhale.com
`daniel.williams@wilmerhale.com
`jonathan.robe@wilmerhale.com
`
`
`Roshan Mansinghani
`Alyssa Holtslander
`Jonathan Stroud
`UNIFIED PATENTS INC.
`roshan@unifiedpatents.com
`alyssa@unifiedpatents.com
`jonathan@unifiedpatents.com
`
`
`
`For PATENT OWNER:
`
`Chris Coulson
`BUNSOW DE MORY LLP
`ccoulson@bdiplaw.com
`
`
`Michael Shanahan
`BRADIUM TECHNOLOGIES LLC
`mshanahan@generalpatent.com
`
`
`
`
`5
`
`
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