`571-272-7822
`
`
`
`
`Paper 26
`Entered: March 29, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`GOOGLE LLC,
`Petitioner,
`
`v.
`
`SEVEN NETWORKS, LLC,
`Patent Owner.
`_______________
`
`Case IPR2018-01115
`Patent 8,078,158 B2
`_______________
`
`
`Before THU A. DANG, KARL D. EASTHOM, and
`JACQUELINE T. HARLOW, Administrative Patent Judges.
`
`DANG, Administrative Patent Judge.
`
`
`
`
`DECISION
`Granting Motions to Seal and Expunge
`37 C.F.R. §§ 42.14, 42.54, 42.56
`
`
`
`
`
`
`IPR2018-01115
`Patent 8,078,158 B2
`
`
`INTRODUCTION
`I.
`Petitioner filed a Motion to Seal (Paper 12) portions of its Reply
`(Paper 9) to the Preliminary Response and Exhibits 1040 and 1043.1 Patent
`Owner filed a Motion to Seal (Paper 13) portions of its Sur-Reply (Paper 15)
`to the Reply.2 Neither party filed an opposition to the other party’s Motion
`to Seal. Petitioner filed an Unopposed Motion to Expunge all the sealed
`documents. Paper 25. For the following reasons, the Motions to Seal and
`Expunge are granted.
`
`II. ANALYSIS
`The record for an inter partes review shall be made available to the
`public, except as otherwise ordered, and a document filed with a motion to
`seal shall be treated as sealed until the motion is decided. 35 U.S.C.
`§ 316(a)(1); 37 C.F.R. § 42.14. There is a strong public policy that favors
`making information filed in an inter partes review open to the public.
`Garmin Int’l, Inc. v. Cuozzo Speed Techs. LLC, Case IPR2012-00001, slip
`op. 1–2 (PTAB Mar. 14, 2013) (Paper 34). The moving party bears the
`burden of showing that the relief requested should be granted. 37 C.F.R.
`§ 42.20(c). The standard for granting a motion to seal is good cause, which
`includes showing that the information addressed in the motion to seal is truly
`confidential, and that such confidentiality outweighs the strong public
`interest in having the record open to the public. 37 C.F.R. § 42.54; Garmin,
`
`
`1 Petitioner filed a public redacted version of its Reply (Paper 10) and a
`public redacted version of Exhibit 1040.
`2 Patent Owner filed a public redacted version of its Sur-Reply (Paper 14).
`
`2
`
`
`
`IPR2018-01115
`Patent 8,078,158 B2
`
`Case IPR2012-00001, slip op. 2–3 (Paper 34).
`The parties agreed to a Revised Protective Order. Paper 12, 2;
`Paper 13, 3. The agreed Revised Protective Order (Paper 12, Attachment A;
`Paper 13, Attachment A) is entered in this proceeding.
`The parties argue that the Reply, Sur-Reply, and Exhibits 1040 and
`1043 contain confidential information relating to legal agreements and
`communications between Petitioner and Samsung. Paper 12, 2–3; Paper 13,
`6. The parties also argue that the public’s interest in the confidential
`information is minimal because it relates to real party in interest and privy
`issues and otherwise is not relevant to the merits of the case. Paper 12, 3–4;
`Paper 13, 4–5. The parties have shown sufficiently that the identified
`information may be sealed.
`Also, the Decision on Institution (Paper 16) discusses some of the
`confidential information, and, thus, was sealed. The parties jointly filed a
`proposed redacted version of the Decision on Institution (Exhibit 1056),
`which was entered in the public record.
`III. ORDER
`
`It is hereby
`ORDERED that the Motions to Seal and Expunge are granted;
`FURTHER ORDERED that the agreed Revised Protective Order
`(Paper 12, Attachment A; Paper 13, Attachment A) is entered in this
`proceeding;
`FURTHER ORDERED that Exhibit 1043, and the confidential
`versions of the Reply (Paper 9), Sur-Reply (Paper 15), and Exhibit 1040, are
`sealed and shall be expunged; and
`
`
`3
`
`
`
`IPR2018-01115
`Patent 8,078,158 B2
`
`
`FURTHER ORDERED that the confidential version of the Decision
`on Institution (Paper 16) shall be expunged.
`
`PETITIONER:
`Naveen Modi
`Joseph E. Palys
`Daniel Zeilberger
`PAUL HASTINGS LLP
`naveenmodi@paulhastings.com
`josephpalys@paulhastings.com
`danielzeilberger@paulhastings.com
`
`PATENT OWNER:
`
`Sangeeta G. Shah
`John M. Halan
`Andrew B. Turner
`James W. Proscia
`BROOKS KUSHMAN P.C
`sshah@brookskushman.com
`jhalan@brookskushman.com
`aturner@brookskushman.com
`jproscia@brookskushman.com
`
`4
`
`