UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`
`
`
`SAMSUNG ELECTRONICS CO., LTD. AND
`SAMSUNG ELECTRONICS AMERICA, INC.,
`Petitioner,
`
`v.
`
`SEVEN NETWORKS, LLC,
`Patent Owner.
`
`
`
`
`
`
`
`
`
`
`
`
`Case IPR2018-01120
`Patent 9,247,019
`
`
`
`
`
`
`
`
`PETITIONER’S MOTION TO SEAL GOOGLE LLC EXHIBIT
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`
`
`
`SAMSUNG ELECTRONICS CO., LTD. AND
`SAMSUNG ELECTRONICS AMERICA, INC.,
`Petitioner,
`
`v.
`
`SEVEN NETWORKS, LLC,
`Patent Owner.
`
`
`
`
`
`
`
`
`
`
`
`
`Case IPR2018-01120
`Patent 9,247,019
`
`
`
`
`
`
`
`
`PETITIONER’S MOTION TO SEAL GOOGLE LLC EXHIBIT
`
`
`
`
`
`Proceeding No.: IPR2018-01120
`Attorney Docket: 39843-0043IP1
`
`Pursuant to 37 C.F.R. § 42.54, Petitioner (Samsung Electronics Co., Ltd.,
`
`and Samsung Electronics America, Inc. or “Samsung”) hereby moves to seal
`
`certain portions of Exhibit 1030. Good cause exists for granting this motion
`
`because the information includes highly confidential information. Exhibit 1030 is
`
`a document provided to Samsung by Google LLC subject to a Revised Protective
`
`Order (attached hereto as Attachment A) entered into between Google LLC and
`
`SEVEN Networks, LLC in IPR2018-011021 (the IPR in which Exhibit 1030 was
`
`original filed and designated in that proceeding as “GOOGLE EXHIBIT 1040”). It
`
`is respectfully requested that this Revised Protective Order govern Exhibit 1030.
`
`I.
`
`GOOD CAUSE EXISTS FOR SEALING CERTAIN CONFIDENTIAL
`INFORMATION
`The Office Patent Trial Practice Guide provides that “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.” 77 FED. REG. 48756, 48760 (Aug. 14, 2012). Further, those rules
`
`
`1 Petitioner is submitting and signing the exact same Revised Protective Order
`
`submitted by Google LLC in IPR2018-01102. Notably, due to a clerical error,
`
`Google LLC appears to have labeled that protective order with erroneous header
`
`information that references IPR2018-01048 rather than IPR2018-01102. This
`
`minor error, however, does not impact the substance of the order.
`
`1
`
`
`
`Proceeding No.: IPR2018-01120
`Attorney Docket: 39843-0043IP1
`
`“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.” Id.
`
`(citing 37 C.F.R. § 42.54).
`
`In accordance with the rules and procedures, Petitioner moves to seal
`
`Exhibit 1030, which is a Declaration from Joseph Shear. The public version of
`
`Exhibit 1030 is redacted consistent with the public version filed by Google LLC in
`
`IPR2018-01102, to protect highly sensitive information pertaining to structure and
`
`operation of Google LLC, the internal policies and procedures of Google LLC and
`
`certain of its affiliates, and legal agreements between Google LLC and Samsung.
`
`As such, Exhibit 1030 is designated as HIGHLY CONFIDENTIAL
`
`PROTECTIVE ORDER MATERIAL. Certain non-relevant and/or privileged
`
`information has been redacted from the sealed version of Exhibit 1030.
`
`The information that is requested to be sealed is being submitted only to
`
`rebut Patent Owner’s arguments regarding real party-in-interest and privity. The
`
`information is otherwise unimportant to the merits of this proceeding, and
`
`therefore the public’s interest in having access to this information is minimal.
`
`II.
`
`CONCLUSION
`For the above reasons, Petitioner requests that certain portions of Exhibits
`
`1030 be placed under seal.
`
`2
`
`
`
`Date: October 12, 2018
`
`
`
`
`
`
`
`
`
`
`
`
`Proceeding No.: IPR2018-01120
`Attorney Docket: 39843-0043IP1
`
`
`
`/W. Karl Renner/
`
`W. Karl Renner, Reg. No. 41,265
`Roberto Devoto, Reg. No. 55,108
`Jeremy Monaldo, Reg. No. 58,680
`Fish & Richardson P.C.
`3200 RBC Plaza, 60 South Sixth Street
`Minneapolis, MN 55402
`T: 202-783-5070
`F: 877-769-7945
`
`Attorneys for Petitioner
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`Proceeding No.: IPR2018-01120
`Attorney Docket: 39843-0043IP1
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 CFR §§ 42.6(e)(1) and 42.6(e)(4)(iii), the undersigned
`
`certifies that on October 12, 2018, a complete and entire copy of this Petitioner’s
`
`Motion to Seal Google LLC Exhibit was provided via email to the Patent Owner
`
`by serving the email correspondence addresses of record as follows:
`
`
`
`
`
`
`
`
`
`
`
`
`
`Kenneth J. Weatherwax
`Nathan Lowenstein
`Edward Hsieh
`Parham Hendifar
`Patrick Maloney
`LOWENSTEIN & WEATHERWAX LLP
`1880 Century Park East, Suite 815
`Los Angeles, CA 90067
`
`Email: weatherwax@lowensteinweatherwax.com
`SEVEN_IPRs@lowensteinweatherwax.com
`
`
`
`
`
`
`
`/Diana Bradley/
`
`Diana Bradley
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`(858) 678-5667
`
`
`
`
`
`
`
`
`
`
`
`Attachment A
`Attachment A
`
`
`
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`
`
`GOOGLE LLC,
`Petitioner
`v.
`
`SEVEN NETWORKS, LLC,
`Patent Owner
`
`
`
`
`
`
`
`
`Case IPR2018-01048
`U.S. Patent 9,516,129
`
`
`
`
`
`
`
`
`REVISED STANDING PROTECTIVE ORDER
`
`
`
`
`1
`
`
`
`
`
`This standing protective order governs the treatment and filing of
`
`confidential information, including documents and testimony.
`
`1. Confidential information shall be clearly marked “PROTECTIVE
`
`ORDER MATERIAL” OR “HIGHLY CONFIDENTIAL PROTECTIVE ORDER
`
`MATERIAL.”
`
`
`
`2. Access to confidential information marked “PROTECTIVE ORDER
`
`MATERIAL” is limited to the following individuals who have executed the
`
`acknowledgment appended to this order:
`
`(A) Parties. Persons who are owners of a patent involved in the proceeding
`
`and other persons who are named parties to the proceeding.
`
`(B) Party Representatives. Representatives of record for a party in the
`
`proceeding.
`
`(C) Experts. Retained experts of a party in the proceeding who further
`
`certify in the Acknowledgement that they are not a competitor to any party,
`
`or a consultant for, or employed by, such a competitor with respect to the
`
`subject matter of the proceeding.
`
`(D) In-House Counsel. In-house counsel of a party.
`
`(E) Other Employees of a Party. Employees, consultants or other persons
`
`performing work for a party, other than in-house counsel and in-house
`
`2
`
`
`
`
`
`counsel’s support staff, who sign the Acknowledgement shall be extended
`
`access to confidential information only upon agreement of the parties or by
`
`order of the Board upon a motion brought by the party seeking to disclose
`
`confidential information to that person. The party opposing disclosure to
`
`that person shall have the burden of proving that such person should be
`
`restricted from access to confidential information.
`
`(F) The Office. Employees and representatives of the Office who have a
`
`need for access to the confidential information shall have such access
`
`without the requirement to sign an Acknowledgement. Such employees and
`
`representatives shall include the Director, members of the Board and their
`
`clerical staff, other support personnel, court reporters, and other persons
`
`acting on behalf of the Office.
`
`(G) Support Personnel. Administrative assistants, clerical staff, court
`
`reporters and other support personnel of the foregoing persons who are
`
`reasonably necessary to assist those persons in the proceeding shall not be
`
`required to sign an Acknowledgement, but shall be informed of the terms
`
`and requirements of the Protective Order by the person they are supporting
`
`who receives confidential information.
`
`
`
`3
`
`
`
`
`
`3. Access to material marked “HIGHLY CONFIDENTIAL PROTECTIVE
`
`ORDER MATERIAL” is limited to the individuals listed in 2(B), 2(F), and support
`
`personnel listed in 2(G) for individuals listed in 2(B) and 2(F). However, if in-
`
`house counsel of a party enters an appearance to become a party representative, in-
`
`house counsel will not receive access to material marked “HIGHLY
`
`CONFIDENTIAL PROTECTIVE ORDER MATERIAL.”
`
`4. Persons receiving confidential information shall use reasonable efforts to
`
`maintain the confidentiality of the information, including:
`
`(A) Maintaining such information in a secure location to which persons not
`
`authorized to receive the information shall not have access;
`
`(B) Otherwise using reasonable efforts to maintain the confidentiality of the
`
`information, which efforts shall be no less rigorous than those the recipient
`
`uses to maintain the confidentiality of information not received from the
`
`disclosing party;
`
`(C) Ensuring that support personnel of the recipient who have access to the
`
`confidential information understand and abide by the obligation to maintain
`
`the confidentiality of information received that is designated as confidential;
`
`and
`
`4
`
`
`
`
`
`(D) Limiting the copying of confidential information to a reasonable number
`
`of copies needed for conduct of the proceeding and maintaining a record of
`
`the locations of such copies.
`
`
`
`5. Persons receiving confidential information shall use the following
`
`procedures to maintain the confidentiality of the information:
`
`(A) Documents and Information Filed With the Board.
`
`(i) A party may file documents or information with the Board under seal,
`
`together with a non-confidential description of the nature of the confidential
`
`information that is under seal and the reasons why the information is
`
`confidential and should not be made available to the public. The submission
`
`shall be treated as confidential and remain under seal, unless, upon motion
`
`of a party and after a hearing on the issue, or sua sponte, the Board
`
`determines that the documents or information do not to qualify for
`
`confidential treatment.
`
`(ii) Where confidentiality is alleged as to some but not all of the information
`
`submitted to the Board, the submitting party shall file confidential and non-
`
`confidential versions of its submission, together with a Motion to Seal the
`
`confidential version setting forth the reasons why the information redacted
`
`from the non-confidential version is confidential and should not be made
`
`5
`
`
`
`
`
`available to the public. The non-confidential version of the submission shall
`
`clearly indicate the locations of information that has been redacted. The
`
`confidential version of the submission shall be filed under seal. The
`
`redacted information shall remain under seal unless, upon motion of a party
`
`and after a hearing on the issue, or sua sponte, the Board determines that
`
`some or all of the redacted information does not qualify for confidential
`
`treatment.
`
`(B) Documents and Information Exchanged Among the Parties. Information
`
`designated as confidential that is disclosed to another party during discovery
`
`or other proceedings before the Board shall be clearly marked as
`
`“PROTECTIVE ORDER MATERIAL” or ‘HIGHLY CONFIDENTIAL
`
`PROTECTIVE ORDER MATERIAL” and shall be produced in a manner
`
`that maintains its confidentiality.
`
`(C) Standard Acknowledgement of Protective Order. The following form
`
`may be used to acknowledge a protective order and gain access to
`
`information covered by the protective order:
`
`
`
`
`
`
`
`6
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`
`
`GOOGLE LLC,
`Petitioner
`v.
`
`SEVEN NETWORKS, LLC,
`Patent Owner
`
`
`
`
`
`
`
`
`Case IPR2018-01048
`U.S. Patent 9,516,129
`
`
`
`
`
`
`
`
`ACKNOWLEDGEMENT FOR ACCESS
`TO PROTECTIVE ORDER MATERIAL
`
`
`I __________________________________________, affirm that I have
`
`read the Protective Order; that I will abide by its terms; that I will use the
`
`confidential information only in connection with this proceeding and for no other
`
`purpose; that I will only allow access to support staff who are reasonably necessary
`
`to assist me in this proceeding; that prior to any disclosure to such support staff I
`
`informed or will inform them of the requirements of the Protective Order; that I am
`
`personally responsible for the requirements of the terms of the Protective Order
`
`and I agree to submit to the jurisdiction of the Office and the United States District
`
`7
`
`
`
`
`
`Court for the Eastern District of Virginia for purposes of enforcing the terms of the
`
`Protective Order and providing remedies for its breach.
`
`
`
`Dated:
`
`
`
`
`
`
`
`
`
`
`
`By: ________________________
`
`8
`
`
`
`
`
`Attachment B
`
`Attachment B
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`GOOGLE LLC,
`Petitioner
`v.
`SEVEN NETWORKS, LLC,
`Patent Owner
`
`
`
`Case IPR2018-01048
`U.S. Patent 9,516,129
`
`
`
`
`
`STANDING REVISED STANDING PROTECTIVE ORDER
`
`
`
`
`
`
`1
`
`
`
`
`
`
`
`This standing protective order governs the treatment and filing of
`
`confidential information, including documents and testimony.
`
`1. Confidential information shall be clearly marked “PROTECTIVE
`
`ORDER MATERIAL.” OR “HIGHLY CONFIDENTIAL PROTECTIVE ORDER
`
`MATERIAL.”
`
`
`
`2. Access to confidential information marked “PROTECTIVE ORDER
`
`MATERIAL” is limited to the following individuals who have executed the
`
`acknowledgment appended to this order:
`
`(A) Parties. Persons who are owners of a patent involved in the proceeding
`
`and other persons who are named parties to the proceeding.
`
`(B) Party Representatives. Representatives of record for a party in the
`
`proceeding.
`
`(C) Experts. Retained experts of a party in the proceeding who further
`
`certify in the Acknowledgement that they are not a competitor to any party,
`
`or a consultant for, or employed by, such a competitor with respect to the
`
`subject matter of the proceeding.
`
`(D) In-House Counsel. In-house counsel of a party.
`
`(E) Other Employees of a Party. Employees, consultants or other persons
`
`performing work for a party, other than in-house counsel and in-house
`
`2
`
`
`
`
`
`
`
`counsel’s support staff, who sign the Acknowledgement shall be extended
`
`access to confidential information only upon agreement of the parties or by
`
`order of the Board upon a motion brought by the party seeking to disclose
`
`confidential information to that person. The party opposing disclosure to
`
`that person shall have the burden of proving that such person should be
`
`restricted from access to confidential information.
`
`(F) The Office. Employees and representatives of the Office who have a
`
`need for access to the confidential information shall have such access
`
`without the requirement to sign an Acknowledgement. Such employees and
`
`representatives shall include the Director, members of the Board and their
`
`clerical staff, other support personnel, court reporters, and other persons
`
`acting on behalf of the Office.
`
`(G) Support Personnel. Administrative assistants, clerical staff, court
`
`reporters and other support personnel of the foregoing persons who are
`
`reasonably necessary to assist those persons in the proceeding shall not be
`
`required to sign an Acknowledgement, but shall be informed of the terms
`
`and requirements of the Protective Order by the person they are supporting
`
`who receives confidential information.
`
`
`
`3
`
`
`
`
`
`
`
`3. Access to material marked “HIGHLY CONFIDENTIAL PROTECTIVE
`
`ORDER MATERIAL” is limited to the individuals listed in 2(B), 2(F), and support
`
`personnel listed in 2(G) for individuals listed in 2(B) and 2(F). However, if in-
`
`house counsel of a party enters an appearance to become a party representative, in-
`
`house counsel will not receive access to material marked “HIGHLY
`
`CONFIDENTIAL PROTECTIVE ORDER MATERIAL.”
`
`4. Persons receiving confidential information shall use reasonable efforts to
`
`maintain the confidentiality of the information, including:
`
`(A) Maintaining such information in a secure location to which persons not
`
`authorized to receive the information shall not have access;
`
`(B) Otherwise using reasonable efforts to maintain the confidentiality of the
`
`information, which efforts shall be no less rigorous than those the recipient
`
`uses to maintain the confidentiality of information not received from the
`
`disclosing party;
`
`(C) Ensuring that support personnel of the recipient who have access to the
`
`confidential information understand and abide by the obligation to maintain
`
`the confidentiality of information received that is designated as confidential;
`
`and
`
`4
`
`
`
`
`
`
`
`(D) Limiting the copying of confidential information to a reasonable number
`
`of copies needed for conduct of the proceeding and maintaining a record of
`
`the locations of such copies.
`
`
`
`54. Persons receiving confidential information shall use the following
`
`procedures to maintain the confidentiality of the information:
`
`(A) Documents and Information Filed With the Board.
`
`(i) A party may file documents or information with the Board under seal,
`
`together with a non-confidential description of the nature of the confidential
`
`information that is under seal and the reasons why the information is
`
`confidential and should not be made available to the public. The submission
`
`shall be treated as confidential and remain under seal, unless, upon motion
`
`of a party and after a hearing on the issue, or sua sponte, the Board
`
`determines that the documents or information do not to qualify for
`
`confidential treatment.
`
`(ii) Where confidentiality is alleged as to some but not all of the information
`
`submitted to the Board, the submitting party shall file confidential and non-
`
`confidential versions of its submission, together with a Motion to Seal the
`
`confidential version setting forth the reasons why the information redacted
`
`from the non-confidential version is confidential and should not be made
`
`5
`
`
`
`
`
`
`
`
`
`
`
`available to the public. The non-confidential version of the submission shall
`
`clearly indicate the locations of information that has been redacted. The
`
`confidential version of the submission shall be filed under seal. The
`
`redacted information shall remain under seal unless, upon motion of a party
`
`and after a hearing on the issue, or sua sponte, the Board determines that
`
`some or all of the redacted information does not qualify for confidential
`
`treatment.
`
`(B) Documents and Information Exchanged Among the Parties. Information
`
`designated as confidential that is disclosed to another party during discovery
`
`or other proceedings before the Board shall be clearly marked as
`
`“PROTECTIVE ORDER MATERIAL” or ‘HIGHLY CONFIDENTIAL
`
`PROTECTIVE ORDER MATERIAL” and shall be produced in a manner
`
`that maintains its confidentiality.
`
`(C) Standard Acknowledgement of Protective Order. The following form
`
`may be used to acknowledge a protective order and gain access to
`
`information covered by the protective order:
`
`
`
`6
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`GOOGLE LLC,
`Petitioner
`v.
`SEVEN NETWORKS, LLC,
`Patent Owner
`
`
`
`Case IPR2018-01048
`U.S. Patent 9,516,129
`
`
`
`
`
`ACKNOWLEDGEMENT FOR ACCESS
`TO PROTECTIVE ORDER MATERIAL
`
`
`
`
`
`
`I __________________________________________, affirm that I have
`
`read the Protective Order; that I will abide by its terms; that I will use the
`
`confidential information only in connection with this proceeding and for no other
`
`purpose; that I will only allow access to support staff who are reasonably necessary
`
`to assist me in this proceeding; that prior to any disclosure to such support staff I
`
`informed or will inform them of the requirements of the Protective Order; that I am
`
`personally responsible for the requirements of the terms of the Protective Order
`
`and I agree to submit to the jurisdiction of the Office and the United States District
`
`7
`
`
`
`
`
`
`
`Court for the Eastern District of Virginia for purposes of enforcing the terms of the
`
`Protective Order and providing remedies for its breach.
`
`
`
`Dated:
`
`
`
`
`
`
`
`
`
`
`
`By: ________________________
`
`8
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Attachment C
`Attachment C
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`GOOGLE LLC,
`Petitioner
`V.
`
`SEVEN NETWORKS, LLC,
`Patent Owner
`
`Case IPR2018-01048
`
`US. Patent 9,516,129
`
`ACKNOWLEDGEMENT FOR ACCESS
`
`TO PROTECTIVE ORDER MATERIAL
`
`I
`
`.I
`
`_(7 S DWI? I (7
`
`, affirm that I have
`
`read the Protective Order; that I will abide by its terms; that I will use the
`
`confidential information only in connection with this proceeding and for no other
`
`purpose; that I will only allow access to support staff who are reasonably necessary
`
`to assist me in this proceeding; that prior to any disclosure to such support staff I
`
`informed or will inform‘them of the requirements of the Protective Order; that I am
`
`personally responsible for the requirements of the terms of the Protective Order
`
`and I agree to submit to the jurisdiction of the Office and the United States District
`
`
`
`Court for the Eastern District of Virginia for purposes of enforcing the terms of the
`
`Protective Order and providing remedies for its breach.
`
`Dated:
`
`/O’{dfl(%
`
`By:W
`
`
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Sealed Document
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