`571-272-7822
`
`Paper 79
`Date: December 13, 2021
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`YITA LLC,
`Petitioner,
`v.
`MACNEIL IP LLC,
`Patent Owner.
`
`IPR2020-01139 (Patent 8,382,186 B2)
`IPR2020-01142 (Patent 8,833,834 B2)1
`
`
`
`
`
`
`
`
`
`Before MITCHELL G. WEATHERLY, JAMES A. WORTH,
`MICHAEL L. WOODS, and ARTHUR M. PESLAK,
`Administrative Patent Judges.
`PESLAK, Administrative Patent Judge.
`
`
`ORDER
`Granting Patent Owner’s Unopposed Motion to Seal, Paper 55, and
`Petitioner’s Unopposed Motion to Seal, Paper 592
`37 C.F.R. §§ 42.14, 42.54
`
`
`
`
`
`1 This Order applies to both proceedings. The parties are not authorized to
`use this caption.
`2 The parties filed substantially the same motion papers with the same Paper
`Number in each case.
`
`
`
`
`
`IPR2020-01139 (Patent 8,382,186 B2)
`IPR2020-01142 (Patent 8,833,834 B2)
`I.
`INTRODUCTION
`
`On July 13, 2021, we entered the Board’s Default Protective Order to
`govern this proceeding. Paper 48, 6. On July 27, 2021, Patent Owner filed
`an unopposed Motion to Seal the Declaration of Ryan Granger, Ex. 2126.
`Paper 55, 1 (“PO Mot.”). Patent Owner also filed a redacted version of Mr.
`Granger’s declaration. Id. On August 24, 2021, Petitioner filed an
`unopposed Motion to Seal the deposition transcript of Mr. Granger, Ex.
`1048. Paper 59, 1 (“Pet. Mot.”). Petitioner also filed a redacted version of
`Mr. Granger’s deposition transcript. Because both motions concern the
`same general subject matter, we enter one Order for both.
`II. DISCUSSION
`
`The information Patent Owner seeks to seal is “Patent Owner’s
`confidential business information, including confidential sales and gross
`revenue information.” PO Mot. 1. The information includes “the number of
`floor trays sold and annual gross revenue.” Id. at 2 (citing Ex. 2140). Patent
`Owner submits that it is “a private company” and “compiled [the]
`information from Patent Owner’s internal sales, marketing, and financial
`documentation.” Id. Patent Owner further submits that it “does not publish
`this information, and it cannot be derived from public sources.” Id. Patent
`Owner’s counsel “certifies the confidential information sought to be sealed
`has not, to their knowledge, been published or otherwise made public.” Id.
` Patent Owner contends its competitive position in the automotive
`accessory market would be harmed by public disclosure of this information.
`PO Mot. 3. In particular, Patent Owner argues disclosure of the information
`would allow its competitors to gain “insight into Patent Owner’s pricing and
`marketing decisions,” its “market share and the relevant market size,” and its
`
`2
`
`
`
`IPR2020-01139 (Patent 8,382,186 B2)
`IPR2020-01142 (Patent 8,833,834 B2)
`“corporate valuation and financial resources.” Id. at 3–4. Patent Owner
`further contends it “relies on the redacted information to establish
`commercial success of products embodying the claimed invention.” Id. at 4.
`Patent Owner further contends that it limited its redactions to “only the
`actual numbers specifying the annual quantity of floor trays sold and
`corresponding gross revenue, not table headings that explain what those
`numbers mean.” Id. at 5. Patent Owner further contends that, given the
`limited redactions, the public record will be understandable because it is
`clear that Patent Owner relies on its annual floor tray sales from 2004 to
`2020 to establish commercial success. Id. at 5.
` Petitioner’s motion is based on Patent Owner’s representation that the
`redacted information in the deposition transcript of Mr. Granger “is
`confidential and thus has not been published or otherwise made public.”
`Pet. Mot. 2.
`
`We reviewed the information redacted from Exhibit 1048 and Exhibit
`2126. Given Patent Owner’s representation that it is a private company and
`the information it seeks to seal is not publically available, we find that the
`information is confidential. We find that the redactions concern the
`confidential information outlined in Patent Owner’s motion. We also find
`that the redactions are minimal and relate to the confidential information.
`We also find that the public record will be understandable given the limited
`nature of the redactions.
`
`For good cause shown, it is hereby
`ORDERED that Patent Owner’s Motion to Seal Exhibit 2126 is
`granted;
`FURTHER ORDERED that Petitioner’s Motion to Seal Exhibit 1048
`is granted.
`
`3
`
`
`
`IPR2020-01139 (Patent 8,382,186 B2)
`IPR2020-01142 (Patent 8,833,834 B2)
`For PETITIONER:
`
`Mark Walters
`LOWE GRAHAM JONES PLLC
`walters@lowegrahamjones.com
`
`Ralph Powers
`Jason Fitzsimmons
`Stephen Merrill
`STERNE KESSLER GOLDSTEIN & FOX PLLC
`tpowers-ptab@sternekessler.com
`jfitzsimmons-ptab@sternekessler.com
`smerrill-ptab@sternekessler.com
`
`
`For PATENT OWNER:
`
`
`David Wille
`Chad Walters
`Clarke Stavinhoa
`BAKER BOTTS LLP
`david.wille@bakerbotts.com
`chad.walters@bakerbotts.com
`clarke.stavinhoa@bakerbotts.com
`
`Jefferson Perkins
`PERKINS IP LAW GROUP LLC
`jperkins@perkinsip.com
`
`
`
`
`
`
`
`
`4
`
`
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