`
`
`
`
` Paper 44
` Date: June 14, 2021
`
`
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`
`
`MICROSOFT CORPORATION and HP INC.,
`Petitioner,
`
`v.
`
`SYNKLOUD TECHNOLOGIES, LLC,
`Patent Owner.
`____________
`
`IPR2020-00316
`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 and
`Petitioner’s Motions to Seal
`37 C.F.R. §§ 42.5, 42.14, 42.54
`
`
`
`
`
`
`
`IPR2020-00316
`Patent 9,098,526 B1
`
`
`Motions to Seal
`In its unopposed Motion to Seal, Patent Owner seeks to seal Exhibits
`2029 and 2030. Paper 29 (“PO Mot.”). Patent Owner represents that Exhibit
`2030 is a license agreement with a third party licensee and “is confidential by
`its terms.” Id. at 3.1 Patent Owner represents that Exhibit 2029 is an
`“associated claim chart,” that apparently includes information of the third
`party’s product. Id. at 2. Patent Owner argues that making either exhibit
`public “would potentially vitiate the license as a possible breach thereof
`and/or expose PO to liability.” Id. at 3. Petitioner filed an unredacted version
`of its Reply under seal. Paper 32. Petitioner also filed an unopposed motion
`to seal its unredacted Reply. Paper 34 (“Pet. Mot.”). In its Motion to Seal,
`Petitioner argues that its Reply quotes and discusses, in detail, Exhibits 2029
`and 2030, and thus, “includes sensitive business information.” Id. at 3.
`There is a strong public policy that favors making information filed in
`an inter partes review open to the public. Garmin Int’l, Inc. v. Cuozzo Speed
`Techs. LLC, IPR2012-00001, Paper 34, 1–2 (PTAB Mar. 14, 2013). The
`standard for granting a motion to seal is good cause. 37 C.F.R. § 42.54. That
`standard includes showing that the information addressed in the motion to seal
`is truly confidential, and that such confidentiality outweighs the strong public
`interest in having the record open to the public. See Garmin at 2–3.
`We have considered the arguments presented by the parties in their
`respective motions and determine that good cause has been established for
`sealing the documents identified in both motions. Specifically, Patent Owner
`demonstrates that the information sought to be sealed per its motion contains
`
`
`1 The pages of the Motion are not numbered. We refer to the numbers of the
`pages beginning with the title page as number 1.
`2
`
`
`
`
`IPR2020-00316
`Patent 9,098,526 B1
`
`confidential information regarding “a license between the owner of the ’526 Patent
`and a recognized corporation, in consideration of payment and fees, along with an
`associated claim chart.” PO Mot. 2. Accordingly, we grant Patent Owner’s
`Motion to Seal, including Patent Owner’s unopposed request for entry of the
`Proposed Stipulated Protective Order (Exhibit 2036), which is similar to the
`Board’s default protective order provided in the Office Patent Trial Practice
`Guide. See Patent Trial and Appeal Board Consolidated Trial Practice Guide
`(Nov. 2019), https://www.uspto.gov/TrialPracticeGuideConsolidated,
`(Appendix B).
`Accordingly, the record will be preserved in its entirety, and Exhibits
`2029 and 2030 and Petitioner’s unredacted Reply will not be expunged or
`made public, pending the outcome of any appeal taken from the Final Written
`Decision. At the conclusion of any appeal, or, if no appeal is taken, after the
`time for filing a notice appeal has expired, the documents may be made public.
`See id. at 21–22. At that time, either party may file a motion to expunge
`sealed documents from the record pursuant to 37 C.F.R. § 42.56.
`Order
`
`It is:
`ORDERED that Patent Owner’s Motion to Seal is granted; and
`FURTHER ORDERED that Exhibits 2029 and 2030 and Paper 32 will
`remain sealed as outlined per this order.
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`IPR2020-00316
`Patent 9,098,526 B1
`
`For PETITIONER:
`
`Joseph Micallef
`Scott Border
`SIDLEY AUSTIN LLP
`jmicallef@sidley.com
`sborder@sidely.com
`For PATENT OWNER:
`
`Gregory Gonsalves
`Yeasun Yoon
`CAPITOL IP LAW GROUP, PLLC
`gonsalves@capitoliplaw.com
`yoon@capitoliplaw.com
`
`
`
`
`4
`
`
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