Trials@uspto.gov
`571-272-7822
`
`
`
`
`Paper 43
`Entered: March 3, 2021
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNIFIED PATENTS LLC,
`Petitioner,
`
`v.
`
`VELOS MEDIA, LLC,
`Patent Owner.
`_________
`
`
`Case IPR2019‐00757
`
`Patent 9,930,365 B2
`____________
`
`
`Before MONICA S. ULLAGADDI, JASON MELVIN, and
`AARON W. MOORE, Administrative Patent Judges.
`
`ULLAGADDI, Administrative Patent Judge.
`
`
`ORDER
`Granting Petitioner’s Motion to Expunge
`37 C.F.R. § 42.56
`
`
`
`
`
`
`571-272-7822
`
`
`
`
`Paper 43
`Entered: March 3, 2021
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNIFIED PATENTS LLC,
`Petitioner,
`
`v.
`
`VELOS MEDIA, LLC,
`Patent Owner.
`_________
`
`
`Case IPR2019‐00757
`
`Patent 9,930,365 B2
`____________
`
`
`Before MONICA S. ULLAGADDI, JASON MELVIN, and
`AARON W. MOORE, Administrative Patent Judges.
`
`ULLAGADDI, Administrative Patent Judge.
`
`
`ORDER
`Granting Petitioner’s Motion to Expunge
`37 C.F.R. § 42.56
`
`
`
`
`
`
`
`IPR2019‐000757
`
`Patent 9,930,365 B2
`
`
`BACKGROUND
`I.
`Pursuant to 37 C.F.R. § 42.56, Petitioner filed a motion seeking to
`expunge Exhibits 2152, 2158, 2102, 2103, 2109, 2111, 2113, 2114, 2122,
`2127, 2132, 2151, 2161, 2138, as well as the un-redacted version of the
`Patent Owner’s Response (Paper 18), Petitioner’s Reply (Paper 26), and
`Patent Owner’s Sur-Reply (Paper 31) (collectively, the “Identified
`Documents”). Paper 42 (“Motion”). The table below sets forth the
`Identified Documents and the corresponding redacted exhibits. Petitioner
`does not represent that Patent Owner does not oppose. The time period for
`opposition, however, has passed.
`
`ITEMS TO BE SEALED
`II.
`The table below summarizes the papers and exhibits sought to be
`sealed, as well as the corresponding redacted exhibits.
`Papers or Exhibits to be Expunged
`Corresponding
`Redacted Exhibits
`Membership Agreement and Subscription Form
`Exhibit 2152 Member Agreement and
`None
`Subscription Form
`Communications
`Exhibit 2158: Mass Email Titled “Unified
`Files IPR Against US
`9,338,449 Owned by Velos Media LLC”
`
`Exhibit 2102: 9/4/17 Email from Kevin Jakel
`with Attachments
`Exhibit 2103: 9/14/17 Email from Shawn
`Ambwani with Attachments
`Exhibit 2109: 11/24/17 Email from Shawn
`Ambwani with Attachments
`Exhibit 2111: 12/3/17 Email from Kevin Jakel
`with Attachments
`
`Ex. 1031
`
`Ex. 1032
`
`2
`
`Ex. 1028
`
`Ex. 1029
`
`Ex. 1030
`
`
`
`IPR2019‐000757
`
`Patent 9,930,365 B2
`
`
`Papers or Exhibits to be Expunged
`
`Corresponding
`Redacted Exhibits
`Ex. 1033
`
`Ex. 1034
`
`Ex. 1035
`
`Ex. 1036
`
`Exhibit 2113: 1/18/18 Email from Shawn
`Ambwani with Attachments
`Exhibit 2114: 1/19/18 Email from Shawn
`Ambwani with Attachments
`Exhibit 2122: 2/3/18 Email from Shawn
`Ambwani with Attachments
`Exhibit 2127: 2/9/18 Email from Shawn
`Ambwani with Attachments
`Exhibit 2132: 1/2/18 Email from Shawn
`Ambwani with Attachments
`Interrogatory Responses and Testimony of Kevin Jakel
`Exhibit 2151: Petitioner’s Supplemental
`Ex. 1025
`Second Voluntary Interrogatory Responses
`Exhibit 2161: Transcript of First Deposition of
`Kevin Jakel
`Exhibit 2138: Transcript of Second Deposition
`of Kevin Jakel
`Patent Owner Response and Petitioner Reply
`Paper 18: Patent Owner’s Response
`Ex. 1024
`Paper 26: Petitioner’s Reply
`Ex. 1023
`Paper 31: Patent Owner’s Sur-Reply
`Ex. 1038
`
`Ex. 1037
`
`Ex. 1026
`
`Ex. 1027
`
`III. PRINCIPLES OF LAW
`“[A]fter final judgment in a trial, a party may file a motion to expunge
`
`confidential information from the record.” See 37 C.F.R. § 42.56. On
`August 18, 2020, we entered a Final Written Decision in this proceeding.
`Paper 41. Neither party filed a Notice of Appeal in the instant proceeding.
`A strong public policy exists for making open to the public all
`information filed in this administrative proceeding. Only “confidential
`information” is protected from disclosure. 35 U.S.C. § 316(a)(7) (“The
`Director shall prescribe regulations . . . providing for protective orders
`governing the exchange and submission of confidential information.”). The
`
`3
`
`
`
`IPR2019‐000757
`
`Patent 9,930,365 B2
`
`Consolidated Office Patent Trial Practice Guide states that, “[t]he 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.” Accordingly, a party seeking expungement of
`material from the record must show good cause by demonstrating that “any
`information sought to be expunged constitutes confidential information, and
`that Petitioner’s interest in expunging it outweighs the public’s interest in
`maintaining a complete and understandable history of this inter partes
`review.” Atlanta Gas Light Co. v. Bennett Regulator Guards, Inc.,
`IPR2013-00453, Paper 97 at 2 (PTAB Apr. 15, 2015).
`We are persuaded by Petitioner’s unopposed contentions that
`expunging the Identified Documents would protect confidential information
`without harming the public’s interest in maintaining a complete and
`understandable file history. Motion 4–6.1 Specifically, Petitioner contends
`that the Identified Documents contain confidential information relating to
`“Petitioner’s core business, membership terms, and business strategy and
`constitutes highly confidential business information, as well as trade
`secrets.” Id. at 5. As discussed in our Order (Paper 30) granting Petitioner’s
`First and Second Motions to Seal (Papers 25, 27), we determined that the
`Identified Documents contain confidential information and that good cause
`was shown such that we granted the Motions to Seal. Paper 30 (deciding
`Petitioner’s First and Second Motions to Seal); Paper 41, 21–24 (deciding
`Petitioner’s Third Motion to Seal); see also Papers 25 (Petitioner’s First
`
`
`1 Petitioner’s Motion does not include page numbers. We refer to the pages
`of the Motion by counting the title page as page 1.
`
`4
`
`
`
`IPR2019‐000757
`
`Patent 9,930,365 B2
`
`Motion to Seal), 27 (Petitioner’s Second Motion to Seal); Paper 34
`(Petitioner’s Third Motion to Seal).
`Moreover, in our Final Written Decision, of the Identified Documents,
`we relied only upon Exhibits 2138, 2152, and 2161, Patent’s Owner’s
`Response and Petitioner’s Reply. Paper 41, 20–21. The relied-upon
`testimony in Exhibit 2161 does not contain confidential information. The
`relied-upon testimony in Exhibit 2138 contains confidential information in
`the cited portion in page 31, line 25 through page 33, line 2, but does not
`contain confidential information in the cited portion in page 222, line 16
`through page 223, line 4. The Membership Agreement of Exhibit 2152 does
`not have a corresponding redacted version.
`Although our Decision relies upon confidential information in
`Exhibits 2138 and 2152, and pages of Patent Owner’s Response and
`Petitioner’s Reply that contain confidential information in evaluating the
`parties’ arguments regarding real party in interest, we determine that the
`Decision is written such that the public can understand the parties’
`arguments and the bases for the Board’s determinations without access to the
`underlying confidential information. See, e.g., Paper 41, 20–21 (relying upon
`PO. Resp. 68–74, Pet. Reply 16–24, Exhibits 2138, 2152, and 2161 when
`discussing the parties’ real party in interest arguments). Thus, we determine
`that the confidential information is not necessary to present a complete and
`understandable file history.
`
`IV. ORDER
`
`It is, therefore,
`ORDERED Patent Owner’s Motion (Paper 42) is granted and the
`Identified Documents, i.e., Exhibits 2152, 2158, 2102, 2103, 2109, 2111,
`
`5
`
`
`
`IPR2019‐000757
`
`Patent 9,930,365 B2
`
`2113, 2114, 2122, 2127, 2132, 2151, 2161, 2138, the un-redacted version of
`Patent Owner’s Response (Paper 18), the un-redacted version of Petitioner’s
`Reply (Paper 26), and the un-redacted version of Petitioner’s Sur-Reply
`(Paper 31) shall be expunged from the record.
`
`
`FOR PETITIONER:
`Eric A. Buresh
`Jason Mudd
`ERISE IP, P.A.
`eric.buresh@eriseip.com
`jason.mudd@eriseip.com
`
`Ashraf Fawzy
`Roshan Mansinghani
`Michelle Callaghan
`UNIFIED PATENTS INC.
`afawzy@unifiedpatents.com
`roshan@unifiedpatents.com
`michelle@unifiedpatents.com
`
`PATENT OWNER:
`
`Brent N. Bumgardner
`Thomas C. Cecil
`Barry J. Bumgardner
`Matthew C. Juren
`NELSON BUMGARDNER ALBRITTON P.C.
`bbumgardner@nbclaw.net
`tom@nelbum.com
`barry@nelbum.com
`matthew@nelbum.com
`
`Christopher G. Granaghan
`ALBRITTON P.C.
`chris@nbafirm.com
`
`6
`
`
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