`571-272-7822
`
` Paper No. 41
`
`Entered: August 18, 2015
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`UNIVERSAL REMOTE CONTROL, INC.,
`Petitioner,
`
`v.
`
`UNIVERSAL ELECTRONICS, INC.,
`Patent Owner.
`____________
`
`Cases IPR2014-01102 (Patent 5,228,077)
`IPR2014-01103 (Patent 5,552,917)
`IPR2014-01104 (Patent 5,414,761)
`IPR2014-01106 (Patent 5,255,313)1
`____________
`
`
`Before HOWARD B. BLANKENSHIP, SALLY C. MEDLEY, and
`LYNNE E. PETTIGREW, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`DECISION
`Denying Patent Owner’s Motion to Seal Demonstratives and
`Expunging Demonstrative Exhibit
` 37 C.F.R. §§ 42.54 and 42.7(a)
`
`
`
`
`1 This order addresses issues that are the same in the identified cases. We
`exercise our discretion to issue one order to be filed in each case. The
`parties are not authorized to use this style heading.
`
`
`
`IPR2014-01102 (Patent 5,228,077)
`IPR2014-01103 (Patent 5,552,917)
`IPR2014-01104 (Patent 5,414,761)
`IPR2014-01106 (Patent 5,255,313)
`
`
`
`
`
`
`
`
`
`
`On August 17, 2015, two business days prior to the scheduled August 19,
`2015 hearing, Patent Owner filed a Motion to Seal Demonstratives (Paper 412) and
`a demonstrative exhibit under seal (Exhibit 2070). In essence, Patent Owner seeks
`for us to hold the hearing in private, unavailable to the public. For the reasons
`provided below, we deny Patent Owner’s Motions to Seal Demonstratives and
`expunge the confidential version of its demonstrative exhibits.
`There is a strong public policy in favor of making information filed in an
`inter partes review open to the public, especially because the proceeding
`determines the patentability of claims in an issued patent, and, therefore, affects the
`rights of the public. See Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756,
`48,760 (Aug. 14, 2012). The default rule is that oral hearing and all papers filed in
`an inter partes review are open and available for access by the public; only
`confidential information may be protected from disclosure upon a showing of good
`cause. See 35 U.S.C. §§ 316(a)(1), 316(a)(7); 37 C.F.R. §§ 42.14, 42.54(a).
`Patent Owner filed requests for oral hearing in each proceeding, but did not
`request that the hearing be held privately, unavailable to the public. Nor did Patent
`Owner seek authorization to present confidential information during the hearing.
`Paper 33. Based on representations made by the parties in their respective requests
`for hearing, on July 28, 2015, we granted the requests for hearing, and indicated
`that the hearing “will be open to the public for in-person attendance.” Paper 34.
`Patent Owner did not notify us of its intent to present confidential information at
`
`
`2 Citations are to IPR2014-01102.
`
`2
`
`
`
`
`
`
`
`
`
`
`IPR2014-01102 (Patent 5,228,077)
`IPR2014-01103 (Patent 5,552,917)
`IPR2014-01104 (Patent 5,414,761)
`IPR2014-01106 (Patent 5,255,313)
`
`
`the hearing within a reasonable timeframe. Indeed, the hearing for these
`proceedings is scheduled for tomorrow, August 19, 2015 and is scheduled to be
`open to the public. Requesting us to notify the public that they cannot now attend,
`less than a day prior to the hearing, is unreasonable and late. Accordingly, Patent
`Owner’s Motion to Seal Demonstratives, requesting the August 19, 2015 to be held
`in private is denied, and the confidential version of Patent Owner’s demonstratives
`will be expunged.
`Consistent with our Order (Paper 34), the hearing will be open to the public,
`and, therefore, the parties must maintain the confidentiality of those materials
`covered under the agreed upon protective order (Exhibit 2065). Under 37 C.F.R. §
`42.12, the Board may impose sanctions against a party who violates a protective
`order. See 35 U.S.C. § 316(a)(6).
`
`Upon consideration, it is
`ORDERED that Patent Owner’s Motions to Seal Demonstratives are denied;
`FURTHER ORDERED that the confidential version of Patent Owner’s
`demonstrative exhibit be expunged from the record in each proceeding.
`
`
`3
`
`
`
`
`
`
`
`
`4
`
`
`
`
`
`
`
`IPR2014-01102 (Patent 5,228,077)
`IPR2014-01103 (Patent 5,552,917)
`IPR2014-01104 (Patent 5,414,761)
`IPR2014-01106 (Patent 5,255,313)
`
`FOR PETITIONER:
`Douglas Miro
`dmiro@ostrolenk.com
`
`
`Peter Kang
`pkang@sidley.com
`
`Theodore Chandler
`tchandler@sidley.com
`
`
`Ferenc Pazmandi
`fpazmandi@sidley.com
`
`
`Keith Barkaus
`kbarkaus@ostrolenk.com
`
`FOR PATENT OWNER:
`
`Eric Maiers
`maierse@gtlaw.com
`
`
`Michael Nicodema
`nicodemam@gtlaw.com
`
`James Lukas
`lukasj@gtlaw.com
`
`
`Robbie Harmer
`harmer@gtlaw.com
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