`571-272-7822
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` Paper 43
` Date: March 5, 2021
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`UNIFIED PATENTS, LLC,
`Petitioner,
`
`v.
`
`SYNKLOUD TECHNOLOGIES, LLC,
`Patent Owner.
`____________
`
`IPR2019-01655
`Patent 9,098,526 B1
`____________
`
`
`
`Before SALLY C. MEDLEY, JESSICA C. KAISER, and SCOTT
`RAEVSKY, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`
`
`
`
`
`
`ORDER
`Granting Patent Owner’s
`Motion to Seal
`37 C.F.R. §§ 42.5, 42.14, 42.54
`
`
`
`
`
`
`
`IPR2019-01655
`Patent 9,098,526 B1
`
`
`Motion to Seal
`
`In its unopposed Motion to Seal, Patent Owner seeks to seal Exhibit
`
`2011. Paper 17 (“PO Mot.” or “the Motion”).1 Patent Owner represents that
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`Exhibit 2011, a license agreement with a third party licensee, “is confidential
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`by its terms” and that “harm would result upon public disclosure of Exhibit
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`2011, it would constitute a potential breach of the very license at issue.” PO
`
`Mot. 4. Petitioner filed an unredacted version of its Reply under seal and
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`Patent Owner filed an unredacted version of its Sur-reply under seal. Papers
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`29, 31. Presumably, the parties filed the sealed unredacted confidential
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`versions of their respective papers to protect the third party licensee. Neither
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`party, however, filed a motion to seal the unredacted versions of their
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`respective papers.
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`There is a strong public policy that favors making information filed in
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`an inter partes review open to the public. Garmin Int’l, Inc. v. Cuozzo Speed
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`Techs. LLC, IPR2012-00001, Paper 34, 1–2 (PTAB Mar. 14, 2013). The
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`standard for granting a motion to seal is good cause. 37 C.F.R. § 42.54. That
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`standard includes showing that the information addressed in the motion to seal
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`is truly confidential, and that such confidentiality outweighs the strong public
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`interest in having the record open to the public. See Garmin at 2–3.
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`We have considered the arguments presented in the Motion and
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`determine that good cause has been established for sealing Exhibit 2011.
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`Specifically, Patent Owner demonstrates that the information sought to be
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`sealed per its motion contains confidential information regarding licensing
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`practices of a third party. PO Mot. 4. Accordingly, we grant Patent Owner’s
`
`
`1 Paper 18 appears to be a duplicate of paper 17. Paper 18 will be expunged
`per this order. Patent Owner submitted a supplemental paper to its motion.
`Paper 20, 1. We consider papers 17 and 20 together.
`2
`
`
`
`
`IPR2019-01655
`Patent 9,098,526 B1
`
`Motion to Seal, including Patent Owner’s unopposed request for entry of the
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`Proposed Stipulated Protective Order (Exhibit 2013), which is similar to the
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`Board’s default protective order provided in the Office Patent Trial Practice
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`Guide. See Patent Trial and Appeal Board Consolidated Trial Practice Guide
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`(Nov. 2019), https://www.uspto.gov/TrialPracticeGuideConsolidated,
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`(Appendix B).
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`Although the parties did not file motions to seal their respective unredacted
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`papers, we sua sponte grant the parties implicit requests to keep such documents
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`sealed. Accordingly, the record will be preserved in its entirety, and Exhibit
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`2011, and the unredacted Reply and Sur-reply will not be expunged or made
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`public, pending the outcome of any appeal taken from the Final Written
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`Decision. At the conclusion of any appeal, or, if no appeal is taken, after the
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`time for filing a notice appeal has expired, the documents may be made public.
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`See id. at 21–22. At that time, either party may file a motion to expunge
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`sealed documents from the record pursuant to 37 C.F.R. § 42.56.
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`It is:
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`Order
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`ORDERED that Patent Owner’s Motion to Seal is granted;
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`FURTHER ORDERED that Exhibit 2011 and Papers 29 and 31 will
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`remain sealed as outlined per this order; and
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`FURTHER ORDERED that paper 18 be expunged from the record.
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`3
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`IPR2019-01655
`Patent 9,098,526 B1
`
`
`For PETITIONER:
`
`
`
`John Baird
`
`Patrick D. McPherson
`
`Paul Belnap
`
`DUANE MORRIS LLP
`
`jmbaird@duanemorris.com
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`pdmcpherson@duanemorris.com
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`phbelnap@duanemorris.com
`
`
`
`Ashraf Fawzy
`
`Roshan S. Mansinghani
`
`Jonathan Stroud
`
`UNIFIED PATENTS, LLC
`
`afawzy@unifiedpatents.com
`
`roshan@unifiedpatents.com
`
`jonathan@unifiedpatents.com
`
`
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`
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`For PATENT OWNER:
`
`
`
`Gregory Gonsalves
`
`Yeasun Yoon
`
`CAPITOL IP LAW GROUP, PLLC
`
`gonsalves@capitoliplaw.com
`
`yoon@capitoliplaw.com
`
`
`
`4
`
`
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