`Trials@uspto.gov
`571-272-7822
`
`
`
`Paper 28
`Entered: November 23, 2022
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`MICRON TECHNOLOGY, INC.,
`Petitioner,
`
`v.
`
`VERVAIN, LLC,
`Patent Owner.
`____________
`
`IPR2021-01548
`Patent 9,196,385 B2
`____________
`
`
`
`Before STACEY G. WHITE, JON M. JURGOVAN, and
`STEVEN M. AMUNDSON, Administrative Patent Judges.
`
`JURGOVAN, Administrative Patent Judge.
`
`
`ORDER
`Granting Motion to Seal and Entering Protective Order
`37 C.F.R. §§ 42.14 and 42.54
`
`
`
`
`
`
`
`IPR2021-01548
`Patent 9,196,385 B2
`
`
`On September 30, 2022, Petitioner filed a Motion to Seal. See
`Paper 22 (“Mot.”). The Motion seeks entry of the Default Protective Order
`of Appendix B of the Trial Practice Guide and sealing of Exhibit 1063 in its
`entirety. Mot. 1. Petitioner indicates that Exhibit 1063 is Patent Owner’s
`Infringement Contentions from Vervain, LLC v. Micron Technology, Inc.,
`Case No. 6:21-cv-00487 (W.D. Tex. filed May 10, 2021) in which U.S.
`Patent 8,891,298 B2 and other patents were asserted against Petitioner’s
`eMMC products. Paper 1 (“Pet.”), 4. Patent Owner has not filed any
`opposition to the Motion, and the period for doing so has expired. See
`37 C.F.R. § 42.25(c). As discussed below, we grant Petitioner’s Motion.
`The Rules provide that the record of a proceeding, including
`documents and things, is made available to the public except that a party
`may seek to seal a document or thing by filing a motion, as Petitioner did
`here. 37 C.F.R. § 42.14. The proponent, who is generally the party seeking
`to protect its information, must show “good cause” to seal a document or
`thing to preserve its confidentiality. 37 C.F.R. § 42.54.
`
`Petitioner contends that “good cause” exists for sealing Exhibit 1063
`because “it contains highly detailed, sensitive, confidential, and non-public
`information concerning the design, development, functionality, and
`operation” of Petitioner’s eMMC product (such as the internal controllers of
`the eMMC products). Mot. 1–2. Particularly, Petitioner contends that
`Exhibit 1063 details the operation of Petitioner’s firmware with respect to
`wear leveling techniques. Petitioner states that it guards such information
`closely and has not made, and does not intend to make, this information
`publicly available. Petitioner certifies that the information sought to be
`sealed by its motion has not been published or otherwise made publicly
`available. Mot. 2. Petitioner further certifies it has conferred in good faith
`2
`
`
`
`IPR2021-01548
`Patent 9,196,385 B2
`
`with Patent Owner who does not oppose Petitioner’s Motion to Seal. Mot.
`3.
`
`After reviewing the record, we find that “good cause” exists to protect
`Petitioner’s confidential information, and we grant Petitioner’s Motion for
`entry of the Default Protective Order and Motion to Seal Exhibit 1063.
`We remind the parties that confidential information that is subject to a
`protective order ordinarily becomes public forty-five (45) days after final
`judgment in a trial. See Trial Practice Guide, 77 Fed. Reg. at 48,761. There
`is an expectation that information will be made public when the existence of
`the information is identified in a final written decision following a trial. Id.
`After final judgment in a trial, a party may file a motion to expunge
`confidential information from the record prior to the information becoming
`public in accordance with 37 C.F.R. § 42.56.
`In consideration of the foregoing, it is hereby:
`ORDERED that Petitioner’s Motion to Seal (Paper 22) is granted;
`FURTHER ORDERED that the confidential version of Exhibit 1063
`shall remain sealed and designated as “Board and Parties Only” until further
`notice; and
`FURTHER ORDERED that the Protective Order set forth in
`Exhibit 3002 is entered as the protective order governing this proceeding.
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`IPR2021-01548
`Patent 9,196,385 B2
`
`PETITIONER:
`Jeremy Jason Lang
`Christopher Childers
`Parth Sagdeo
`Jared Bobrow
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`PTABDOCKETJJL2@ORRICK.COM
`PTABDOCKETC4C8@ORRICK.COM
`PTABDocketP2S7@orrick.com
`PTABDocketJ3B3@orrick.com
`
`
`PATENT OWNER:
`
`Alan Whitehurst
`Kathy H. Li
`James E. Quigley
`Chrstopher P. McNett
`McKOOL SMITH, P.C.
`awhitehurst@mckoolsmith.com
`kli@mckoolsmith.com
`jquigley@mckoolsmith.com
`cmcnett@mckoolsmith.com
`
`4
`
`
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