`Date: February 10, 2014
`
`
`
`
`
`
`Trials@uspto.gov
`571-272-7822
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_____________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`NUVASIVE, INC.
`Petitioner
`
`v.
`
`WARSAW ORTHOPEDIC, INC.
`Patent Owner
`____________
`
`Case IPR2013-00206 (SCM)
`Patent 8,251,997 B2
`____________
`
`
`
`Before Andrew Kellogg, Trial Paralegal
`
`
`
`Order Making Exhibits Public
`37 C.F.R. § 42.14
`
`
`
`
`
`
`
`IPR2013-00206 (SCM)
`Patent 8,251,997 B2
`
`
`
`
`Along with their Response, Paper 32, Patent Owner submitted exhibits,
`
`
`
`some of which were labeled ‘private’ and thus viewable only to the Parties and the
`
`Board.1 “A party intending a document or thing to be sealed shall file a motion to
`
`seal concurrent with the filing of the document or thing to be sealed. The
`
`document or thing shall be provisionally sealed on receipt of the motion and
`
`remain so pending the outcome of the decision on the motion.” 37 C.F.R. § 42.14.
`
`No accompanying motion to seal was filed. On February 3, 2014, the Board issued
`
`an order, in part, giving Patent Owner until February 7, 2014 to file a motion to
`
`seal. See Paper 36. In response, Patent Owner filed a Motion to Make Exhibits
`
`2048, 2050, 2051, and 2052 Viewable to the Public stating, “after further review of
`
`Exhibits 2048, 2050, 2051, and 2052, Patent Owner submits that these exhibits
`
`were incorrectly uploaded to be viewable by ‘Parties and Board Only.’ Thus, to the
`
`extent that Exhibits 2048, 2050, 205, and 2052 contained any confidential
`
`information, Patent Owner hereby waives any claim to confidentiality and requests
`
`that Exhibits 2048, 2050, 2051, and 2052 henceforth be made viewable to the
`
`public.” Paper 38.
`
`
`
`Accordingly, because there is no motion to seal, and because Patent Owner
`
`now requests that the certain exhibits be made public, Patent Owner’s Motion to
`
`Make Exhibits 2048, 2050, 2051, and 2052 Viewable to the Public is granted.
`
`2
`
`
`
`
`
`1 Exhibits 2048, 2050, 2051, and 2052
`
`
`
`
`
`
`
`IPR2013-00206 (SCM)
`Patent 8,251,997 B2
`
`PETITIONER:
`
`Stephen Schaefer
`Michael Hawkins
`Fish and Richardson PC
`schaefer@fr.com
`hawkins@fr.com
`
`PATENT OWNER:
`
`Thomas Martin
`Wesley Meinerding
`Martin and Ferraro LLP
`tmartin@martinferraro.com
`wmeinerding@martinferraro.com
`
`
`
`3
`
`
`
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