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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`––––––––––––––––––
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`––––––––––––––––––
`
`Microsoft Corporation and HP Inc.,
`Petitioners,
`
`v.
`
`Synkloud Technologies, LLC,
`Patent Owner.
`
`––––––––––––––––––
`
`Case No. IPR2020-00316
`U.S. Patent No. 9,098,526
`
`––––––––––––––––––
`
`PETITIONERS MICROSOFT AND HP’S MOTION TO SEAL
`CONFIDENTIAL INFORMATION PURSUANT TO 37 C.F.R. §§
`42.14 & 42.54
`
`1
`PETITIONERS’ MOTION TO SEAL
`
`
`
`
`
`
`
`In accordance with 37 C.F.R. §§ 42.14 and 42.54, and the Modified
`
`Protective Order that Patent Owner entered on September 21, 2020 (Ex. 2036) in
`
`this proceeding, Petitioners Microsoft Corporation and HP, Inc. hereby submits
`
`this Motion to Seal the “secondary considerations” section of their Reply to Patent
`
`Owner’s Preliminary Response because it discusses and quotes previously sealed
`
`Exhibits 2029 and 2030.
`
`Petitioners submit, concurrently with this motion, redacted and unredacted
`
`versions of Petitioners’ Reply to Patent Owner’s Response in accordance with the
`
`Protective Order. See Paper 32 (Confidential Reply); Paper 33 (Public Reply).
`
`I.
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`RELIEF REQUESTED
`Documents filed in an inter partes review are generally available to the
`
`public. See 37 C.F.R. § 42.14. However, the Board may, for good cause, protect
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`confidential information from public disclosure. See 37 C.F.R. § 42.54; see also
`
`Garmin Int’l v. Cuozzo Speed Tech., LLC, IPR2012-00001, Paper 26, at 3-4 (Mar.
`
`5, 2013). The IPR rules “identify confidential information in a manner consistent
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`with Fed. R. Civ. P. 26(c)(1)(G).” Office Patent Trial Practice Guide, 77 Fed. Reg.
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`48756, 48760 (Aug. 14, 2012) (citing 37 C.F.R. § 42.54). When determining good
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`2
`PETITIONERS’ MOTION TO SEAL
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`
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`cause, the Board must “strike a balance between the public’s interest in
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`maintaining a complete and understandable file history and the parties’ interest in
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`protecting truly sensitive information.” Id.
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`As such, Patent Owner has previously asserted that good cause exists for
`
`maintaining Exhibits 2029 and 2030 under seal, which Petitioners do not oppose.
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`Further, Patent Owner has previously moved to seal Exhibits 2029 and 2030,
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`claiming that they include allegedly sensitive business information. See Paper 29. For
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`example, Exhibit 2029 appears to be a claim chart of a third-party smart phone with
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`cloud storage, charted against the 526 Patent. See EX2029. Exhibit 2030 appears to
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`be licensing information pertaining to Patent Owner and a third-party. See EX2030.
`
`Petitioners’ Reply to Patent Owner’s Preliminary Response likewise
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`allegedly includes sensitive business information since it quotes and discusses, in
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`detail, the previously sealed Exhibits 2029 and 2030. Paper 32, at 24 (Confidential
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`Reply). Thus, in accordance with the protective order filed in this proceeding, Ex.
`
`2036, Petitioners move to file their Reply to Patent Owner’s Response under seal, in
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`addition to a public redacted version of the Reply.
`
`Finally, pursuant to 37 C.F.R. § 42.54, Petitioners’ counsel certifies that it
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`has previously conferred in good faith with Patent Owner’s counsel over the filing
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`of Exhibits 2029 and 2030, and further that the parties agreed on a Modified
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`Protective order that is filed as Exhibit 2036.
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`
`
`3
`PETITIONERS’ MOTION TO SEAL
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`
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`
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`II. CONCLUSION
`For the foregoing reasons, Petitioners respectfully request that the Board
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`grant the Petitioners Motion to Seal.
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`
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`Dated: December 14, 2020
`
`Respectfully Submitted,
`
`/Joseph Micallef/
`Joseph A. Micallef
`Reg. No. 39,772
`SIDLEY AUSTIN LLP
`1501 K Street NW
`Washington, DC 20005
`jmicallef@sidley.com
`(202) 736-8492
`Attorney for Petitioner
`
`4
`PETITIONERS’ MOTION TO SEAL
`
`
`
`Petitioners’ Reply in IPR2020-00316
`
`PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 9,098,526
`Attachment A:
`
`Proof of Service of the Motion to Seal
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`
`Pusuant to 37 C.F.R. § 42.6(e), I hereby certify that on this 14th day of
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`December, 2020, I caused to be served a true and correct copy of the foregoing and
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`any accompanying exhibits by electronic mail on the following counsel:
`
`
`Dr. Gregory J. Gonsalves
`Capitol IP Law Group, PLLC
`1918 18th St., Unit 4, NW
`Washington, DC 20009
`gonsalves@capitoliplaw.com
`
`Yeasun Yoon
`Capitol IP Law Group, PLLC
`1918 18th St, Unit 4, NW
`Washington, DC 20009
`yoon@capitoliplaw.com
`
`
`Dated: December 14, 2020
`
`
`
`
`
`
`Respectfully submitted,
`
`/Joseph A. Micallef/
`Joseph A. Micallef
`Reg. No. 39,772
`SIDLEY AUSTIN LLP
`1501 K Street, N.W.
`Washington, D.C. 20005
`jmicallef@sidley.com
`Attorney for Petitioners
`
`6
`PETITIONERS’ MOTION TO SEAL
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