`571-272-7822
`
`
`
`
`
`
`
`
`Paper 78 (IPR2014-00041)
`Paper 72 (IPR2014-00043)
`Paper 71 (IPR2014-00051)
`Paper 76 (IPR2014-00054)
`Paper 64 (IPR2014-00055)
`Entered: September 3, 2014
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GEA PROCESS ENGINEERING, INC.,
`Petitioner,
`
`v.
`
`STEUBEN FOODS, INC.,
`Patent Owner.
`____________
`
`Cases1
`IPR2014-00041 (Patent 6,945,013 B2)
`IPR2014-00043 (Patent 6,475,435 B1)
`IPR2014-00051 (Patent 6,209,591 B1)
`IPR2014-00054 (Patent 6,481,468 B1)
`IPR2014-00055 (Patent 6,536,188 B1)
`
`
`Before RAMA G. ELLURU, BEVERLY M. BUNTING, and
`CARL M. DEFRANCO, Administrative Patent Judges.
`
`ELLURU, Administrative Patent Judge.
`
`
`
`ORDER
`
`
`1 This order addresses issues raised in all five cases. We exercise our
`discretion to issue one order to be filed in each case. The parties, however,
`are not authorized to use this style heading in subsequent papers.
`
`
`
`IPR2014-00041 (Patent 6,945,013 B2)
`IPR2014-00043 (Patent 6,475,435 B1)
`IPR2014-00051 (Patent 6,209,591 B1)
`IPR2014-00054 (Patent 6,481,468 B1)
`IPR2014-00055 (Patent 6,536,188 B1)
`
`
`
`Petitioner and Patent Owner each have multiple outstanding motions
`
`in the five cases noted in the caption, including multiple motions to seal and
`
`a motion to expunge. The Board orders the parties to meet and confer on
`
`these motions and provide to the Board a list identifying every outstanding
`
`motion for each of the five cases that needs the Board’s attention. The
`
`parties should consider the Board’s strong public policy for making all
`
`information filed in inter partes review proceedings open to the public.
`
`Garmin International v. Cuozzo Speed Technologies, LLC, IPR2012-00001
`
`(Paper 34, March 14, 2013). In addition, the party whose alleged
`
`confidential information is sought to be sealed has the burden to show good
`
`cause to seal the paper. See 35 U.S.C. §§ 316(a)(1), 316(a)(7); 37 C.F.R. §§
`
`42.14, 42.54(a).
`
`For each outstanding motion to seal, the parties should determine, and
`
`also indicate on the list, whether: (1) a motion to seal may be withdrawn
`
`because materials currently subject to a motion may not actually require a
`
`confidentiality designation or whether a party’s reliance upon confidential
`
`materials could be avoided by entry of a stipulation (i.e., “Petitioner agrees
`
`that revenues for fiscal years 20XX-20XX for product X were more than
`
`$X”); and (2) a motion requesting that an entire paper be sealed can be
`
`modified such that a redacted version and a sealed version of the paper are
`
`filed.
`
`The parties are instructed to file the list of outstanding motions by
`
`September 19, 2014. Once we review the list, we may request a conference
`
`call with the parties.
`
`
`
`
`
`2
`
`
`
`
`
`IPR2014-00041 (Patent 6,945,013 B2)
`IPR2014-00043 (Patent 6,475,435 B1)
`IPR2014-00051 (Patent 6,209,591 B1)
`IPR2014-00054 (Patent 6,481,468 B1)
`IPR2014-00055 (Patent 6,536,188 B1)
`
`
`In consideration of the foregoing, it is hereby:
`
`ORDERED that the parties are ordered to meet and confer and
`
`provide us with a list of every outstanding motion that needs the Board’s
`
`attention, as discussed above, by Friday, September 19, 2014.
`
`
`
`
`
`3
`
`
`
`
`
`IPR2014-00041 (Patent 6,945,013 B2)
`IPR2014-00043 (Patent 6,475,435 B1)
`IPR2014-00051 (Patent 6,209,591 B1)
`IPR2014-00054 (Patent 6,481,468 B1)
`IPR2014-00055 (Patent 6,536,188 B1)
`
`PETITIONER:
`
`William P. Atkins
`Benjamin Kiersz
`PILLSBURY WINTHROP SHAW PITTMAN LLP
`1650 Tysons Boulevard,
`McLean, VA 22102
`william.atkins@pillsburylaw.com
`benjamin.kiersz@pillsburylaw.com
`
`
`
`PATENT OWNER:
`
`Greg H. Gardella
`Kevin B. Laurence
`OBLON, SPIVAK, MCCLELLAND MAIER & NEUSTADT, L.L.P.
`1940 Duke Street
`Alexandria, VA 22314
`CPDocketGardella@oblon.com
`CPDocketLaurence@oblon.com
`CPdocketKiklis@oblon.com
`CPDocketrjn@oblon.com
`
`
`
`
`
`
`
`
`
`4
`
`
`
`
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