`571-272-7822
`
`Paper 11
`Date: July 30, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`GARDNER DENVER, INC.,
`Petitioner,
`v.
`UTEX INDUSTRIES, INC.,
`Patent Owner.
`
`IPR2020-00333
`Patent US 10,428,949 B2
`
`
`
`
`
`
`
`
`
`Before ULRIKE W. JENKS, SCOTT A. DANIELS, and
`JAMES A. WORTH, Administrative Patent Judges.
`JENKS, Administrative Patent Judge.
`
`
`
`
`DECISION
`Granting Joint Motion to Seal and Entry of Protective Order
`37 C.F.R § 42.54
`
`
`
`
`
`
`
`
`
`IPR2020-00333
`Patent US 10,428,949 B2
`
`I.
`INTRODUCTION
`On July 9, 2020, Gardner Denver Inc. (“Petitioner”) and Utex
`Industries, Inc. (“Patent Owner”) filed a joint motion seeking entry of a
`protective order (Paper 8) and seeking to seal the unreacted versions of the
`Patent Owner’s Preliminary Response and the Declaration of Vinod Sharma
`(Paper 9 (“the Sharma Declaration”)). For the reasons that follow, we grant
`the Joint Motion to Enter Protective Order and the Joint Motion to Seal.
`II. ANALYSIS
`A. Default Protective Order
`Pursuant to 37 C.F.R. § 42.54, the parties have conferred and agree to
`the Board’s default protective order, set forth in the Patent Trial and Appeal
`Board Consolidated Trial Practice Guide November 20191 (“Consolidated
`Practice Guide”), Appendix B. Paper 8, 1. The parties have included with
`the motion a copy of the default protective order, adapted to include the
`party names. Paper 8, Exhibit A.
`B. Motion to Seal
`1. Legal Standard
`“There is a strong public policy for making all information filed in a
`quasi-judicial administrative proceeding open to the public.” Garmin Int’l v.
`Cuozzo Speed Techs., LLC, IPR2012–00001, slip op. at 1–2 (PTAB Mar. 14,
`2013) (Paper 34). 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, slip op. at 2–3.
`
`
`1 Available at https://www.uspto.gov/TrialPracticeGuideConsolidated.
`
`2
`
`
`
`IPR2020-00333
`Patent US 10,428,949 B2
`The moving party bears the burden of showing that the relief
`requested should be granted, and establishing that the information sought to
`be sealed is confidential information. 37 C.F.R. § 42.20(c).
`2. Material Sought to be Sealed
`The parties seek to seal a portion of Patent Owner’s Preliminary
`Response (“POPR”). Specifically, the parties seek to seal material on page
`58 of the POPR (Paper 7) citing material from paragraph 194 the Sharma
`Declaration. Paper 9, 1. The parties also seek to seal a portion of the Sharma
`Declaration (Ex. 2001). Paper 9, 2. Specifically the parties seek to seal
`paragraph 194 of the Sharma Declaration (Ex. 2001 ¶ 194).
`3. Analysis
`We have reviewed the parties’ proposed redacted version of the POPR
`(Paper 7) and the Sharma Declaration (Ex. 2001) and the explanation in the
`Joint Motion to Seal. The parties only seek to seal information that relates to
`Gardner Denver’s research and development efforts prior to the issuance of
`the Utex patent subject to a co-pending litigation. Paper 9, 6. We have
`reviewed the parties’ submission, and agree that good cause exists to seal
`this information, as it relates to confidential research and development
`efforts.
`
`III. CONCLUSION
`Based on the foregoing, we conclude that parties have established that
`good cause exists for entry of the Board’s default protective order and for
`sealing the unredacted versions of the POPR and the Sharma Declaration.
`
`
`
`3
`
`
`
`IPR2020-00333
`Patent US 10,428,949 B2
`
`IV. ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that the Default Protective Order, adapted to include the
`party names, Paper 8, Exhibit A, is granted; and
`FURTHER ORDERED that the Motion to Seal the unredacted POPR,
`Paper 7, and the unredacted Sharma Declaration, Ex. 2001, is granted.
`
`
`
`
`
`
`
`4
`
`
`
`IPR2020-00333
`Patent US 10,428,949 B2
`FOR PETITIONER:
`Helena D. Kiepura
`Benjamin J. Behrendt
`KIRKLAND & ELLIS LLP
`helena.kiepura@kirkland.com
`benjamin.behrendt@kirkland.com
`
`
`FOR PATENT OWNER:
`
`Paul Morico
`Natalie Alfaro Gonzales
`BAKER BOTTS LLP
`paul.morico@bakerbotts.com
`natalie.gonzales@bakerbotts.com
`
`
`5
`
`
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