`571-272-7822
`
`
`
`
`Paper 75
`Entered: September 28, 2020
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE LLC,
`Petitioner,
`
`v.
`
`IPA TECHNOLOGIES INC.,
`Patent Owner.
`____________
`
`IPR2019-00728 (Patent 6,851,115 B1)
`IPR2019-00730 (Patent 7,069,560 B1)
` IPR2019-00731 (Patent 7,069,560 B1)1
`____________
`
`Before KEN B. BARRETT, TREVOR M. JEFFERSON, and
`BART A. GERSTENBLITH, Administrative Patent Judges.
`
`JEFFERSON, Administrative Patent Judge.
`
`
`ORDER
`Authorizing Entry of Default Protective Order
`Granting Petitioner’s Motion to Seal
`37 C.F.R. §§ 42.14, 42.54
`
`
`
`
`1 This Order addresses the same issue for the above-identified cases.
`Therefore, we exercise our discretion to issue one decision to be filed in
`each case. The parties, however, are not authorized to use this style heading
`in any subsequent papers.
`
`
`
`IPR2019-00728 (Patent 6,851,115 B1)
`IPR2019-00730 (Patent 7,069,560 B1)
`IPR2019-00731 (Patent 7,069,560 B1)
`
`
`INTRODUCTION
`I.
`Petitioner, Google LLC, filed a Motion to Seal Exhibits 1180 and
`1182. Paper 61 (IPR2019-00728); Paper 59 (IPR2019-00730); Paper 60
`(IPR2019-00731).2 Petitioner also moves to enter the default protective
`order included in the Motion as Attachment A. Paper 61, Attachment A.
`Patent Owner, IPA Technologies Inc. (“IPA”), did not oppose Petitioner’s
`motion.
`
`II. DISCUSSION
`As provided under Rule 42.54(a), “[t]he Board may, for good cause,
`issue an order to protect a party or person from disclosing confidential
`information,” including forbidding the disclosure of the information or
`specifying the terms under which such information may be disclosed.
`37 C.F.R. § 42.54(a). A protective order is not entered by default but must
`be proposed by one or more parties and must be approved and entered by the
`Board. Patent Trial and Appeal Board Consolidated Trial Practice Guide 19–
`20, 107 (Nov. 2019), http://www.uspto.gov/TrialPracticeGuideConsolidated
`(“Trial Practice Guide”). The Trial Practice Guide sets forth specific
`guidelines on proposing a protective order and provides a Default Protective
`Order. See Trial Practice Guide 19–20, 107–22.
`The standard for granting a motion to seal is “good cause,” and the
`party moving to seal a document bears the burden of proving entitlement to
`the requested relief. 37 C.F.R. §§ 42.20(c), 42.54(a). “Good cause” can be
`
`
`2 The exhibits Petitioner seeks to seal are numbered Exhibits 1180 and 1182
`in each of the cases. Unless otherwise noted, all citations in this Order are to
`the papers and exhibits in IPR2019-00728.
`
`2
`
`
`
`IPR2019-00728 (Patent 6,851,115 B1)
`IPR2019-00730 (Patent 7,069,560 B1)
`IPR2019-00731 (Patent 7,069,560 B1)
`
`established by showing sufficiently that (a) the information sought to be
`sealed is truly confidential, (b) a concrete harm would result to a party upon
`its public disclosure, and (c) the interest in maintaining the confidentiality of
`the information outweighs the strong public interest in maintaining an open
`and understandable record. See Argentum Pharms. LLC v. Alcon Research
`Ltd., IPR2017-01053, Paper 27 at 3–4 (PTAB Jan. 19, 2018) (informative).
`With respect to good cause to seal in each of the cases, Petitioner
`states that “Exhibits 1180 and 1182 include information that IPA and SRI [(a
`third party)] have asserted as confidential.” Paper 61, 1. “Petitioner is
`respecting IPA and SRI’s assertion of confidentiality” and “requests entry of
`the default protective order to govern the materials in [these] proceedings.”
`Id. at 1–2.
`Exhibits 1180 and 1182, which appear to be SRI confidential
`information produced in response to Petitioner’s discovery requests, are
`marked as confidential from SRI and contain confidential information
`pertaining to third party SRI. Exs. 1180, 1182 (marked “CONFIDENTIAL –
`PROTECTIVE ORDER MATERIAL”). We find that good cause exists to
`seal Exhibits 1180 and 1182 in accordance with the default protective order.
`
`III. ORDER
`
`Accordingly, it is:
`ORDERED that the Petitioner’s Motion to Seal (Paper 61 (IPR2019-
`00728); Paper 59 (IPR2019-00730); Paper 60 (IPR2019-00731)) in each of
`the above-identified proceedings is granted; and
`FURTHER ORDERED that the Default Protective Order (Attachment
`A to each motion) is entered in each of the above-identified proceedings.
`
`3
`
`
`
`IPR2019-00728 (Patent 6,851,115 B1)
`IPR2019-00730 (Patent 7,069,560 B1)
`IPR2019-00731 (Patent 7,069,560 B1)
`
`PETITIONER:
`
`Naveen Modi
`Joseph Palys
`Daniel Zeilberger
`Arvind Jairam
`PAUL HASTINGS LLP
`naveenmodi@paulhastings.com
`joesphpalys@paulhastings.com
`danielzeilberger@paulhastings.com
`arvindjairam@paulhastings.com
`
`
`PATENT OWNER:
`
`Steven Hartsell
`Alexander Gasser
`Sarah Spires
`SKIERMONT DERBY LLP
`shartsell@skiermontderby.com
`agasser@skiermontderby.com
`sspires@skiermontderby.com
`
`
`4
`
`
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