`Tel: 571-272-7822
`
`
`
`
`
`Paper 19
`Entered: August 26, 2014
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________
`
`GREENE’S ENERGY GROUP, LLC, INC.
`Petitioner
`
`v.
`
`OIL STATES ENERGY SERVICES, LLC,
`Patent Owner
`_______________
`
`Case IPR2014-00216
`Patent 6,179,053 B1
`
`_______________
`
`
`
`SCOTT E. KAMHOLZ, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`Case IPR2014-00216
`Patent 6,179,053 B1
`
`
`A conference call with the parties was held on August 25, 2014 to
`
`discuss Patent Owner’s request for authorization to seek entry of a protective
`
`order other than the default protective order. In particular, Patent Owner
`
`seeks to categorize certain documents containing Patent Owner’s
`
`confidential financial information as “outside attorney’s eyes only” to
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`prevent their disclosure to in-house personnel at Petitioner. Patent Owner
`
`cites Athena Automation Ltd. v. Husky Injection Molding Systems Ltd.,
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`IPR2013-00167, Paper 32, 3-4 (PTAB Jan. 8, 2014) in support of its
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`position.
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`Petitioner objects to this restriction on the basis that at least some of
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`its employees need access to the information in order to avoid being placed
`
`at a disadvantage in this proceeding. Petitioner cites Amneal Pharm., LLC v.
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`Supernus Pharm., Inc., IPR2013-00368, Paper 34, 2-3 (PTAB Mar. 7, 2014)
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`in support of its position.
`
`Patent Owner requires no special authorization to seek entry of a
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`protective order other than the default protective order. See 37 C.F.R.
`
`§ 42.54(a). Patent Owner should include arguments concerning its proposed
`
`protective order in its motion to seal. The motion to seal must be filed at the
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`same time as the evidence sought to be sealed. 37 C.F.R. § 42.14. The
`
`motion should include the proposed protective order as an exhibit to the
`
`motion, as well as a marked-up version of the proposed protective order
`
`relative to the default protective order, so that the differences can be
`
`appreciated readily.
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`Patent Owner indicated its intention to file a motion to seal with its
`
`motion to amend on Due Date 1, currently set for August 27, 2014.
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`Petitioner is authorized to file an opposition to the motion to seal within
`
` 2
`
`
`
`
`
`
`
`Case IPR2014-00216
`Patent 6,179,053 B1
`
`
`three business days after Patent Owner files the motion to seal. Patent
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`Owner is not authorized, at present, to file a reply in support of the motion to
`
`seal. If Patent Owner feels the need to file a reply, it should request a call
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`with the Board within one business day after Petitioner’s opposition is filed.
`
`Petitioner agreed to respect any restrictions on access to information
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`by its in-house personnel on a provisional basis, until the Board issues a
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`decision on the motion to seal.
`
`Patent Owner is reminded that it must show good cause why any
`
`protective order should be entered. See 37 C.F.R. § 42.54(a). Patent Owner
`
`must also demonstrate that it is entitled to the relief requested. See
`
`37 C.F.R. § 42.20(c). Patent Owner is also reminded that information
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`subject to a protective order, regardless of heightened access restrictions,
`
`will become public if identified in a final written decision in this proceeding,
`
`and that a motion to expunge the information will not necessarily prevail
`
`over the public interest in maintaining a complete and understandable file
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`history. See Office Patent Trial Practice Guide, 77 Fed. Reg. at 48,761.
`
`Accordingly, it is hereby
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`ORDERED that, should Patent Owner file a motion to seal by
`
`Due Date 1 that proposes a protective order other than the default protective
`
`order, Petitioner is authorized to file an opposition thereto within three
`
`business days;
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`FURTHER ORDERED that Petitioner shall comply provisionally
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`with any restrictions on access to information by its in-house personnel until
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`the Board rules on the motion to seal; and
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`FURTHER ORDERED that no reply to the opposition is authorized.
`
` 3
`
`
`
`
`
`
`
`
`
`Case IPR2014-00216
`Patent 6,179,053 B1
`
`
`
`For PETITIONERS:
`
`John Feldhaus
`Andrew Cheslock
`FOLEY & LARDNER LLP
`
`For PATENT OWNER:
`
`C. Erik Hawes
`Archis V. Ozarkar
`MORGAN, LEWIS & BOCKIUS LLP
`
` 4
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`
`
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