`571-272-7822
`
`
`
`
`
`
`Paper 94
`Entered: March 1, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`NESTLÉ USA, INC.,
`Petitioner,
`
`v.
`
`STEUBEN FOODS, INC.,
`Patent Owner.
`____________
`
`Case IPR2015-00195 (Patent 6,475,435)
`Case IPR2015-00249 (Patent 6,481,468)1
`____________
`
`
`
`Before MICHAEL P. TIERNEY, PHILLIP J. KAUFFMAN,
`RAMA G. ELLURU, BEVERLY M. BUNTING, and
`CHRISTOPHER G. PAULRAJ, Administrative Patent Judges.
`
`PAULRAJ, Administrative Patent Judge.
`
`ORDER
`
`37 C.F.R. § 42.14
`
`
`
`
`
`
`
`
`1 This order addresses issues that are the same in both 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.
`
`
`
`Case IPR2015-00195 (Patent 6,475,435)
`Case IPR2015-00249 (Patent 6,481,468)
`
`
`During the joint oral hearing for these proceedings, counsel indicated
`that they would discuss certain confidential information as part of their
`presentation. See Paper 92, 76–77. We accordingly designated the oral
`hearing transcript as “For Board and Parties Only.” Id. The parties are
`hereby ordered to file jointly a proposed redacted version of the transcript by
`March 28, 2016.
`We refer the parties to the guidance previously provided in the
`Board’s orders on motions to seal. See, e.g., GEA Process Eng., Inc. v.
`Steuben Foods, Inc., IPR2014-00041, Decision on Motion to Seal (PTAB
`Nov. 24, 2014) (Paper 134). There is a strong public policy for making all
`information filed in a quasi-judicial administrative proceeding open to the
`public. See Garmin International, Inc. v. Cuozzo Speed Technologies, LLC,
`Case IPR2012-00001, slip op. at 1-2 (PTAB March 14, 2013) (Paper 34); 37
`C.F.R. § 42.14. Furthermore, in light of the public’s interest in maintaining
`a complete and understandable file history, there is an expectation that
`confidential information relied upon in a subsequent decision will be made
`public. See Office Trial Practice Guide, 77 Fed. Reg. 48756, 48760–61
`(Aug. 14, 2012). The parties’ proposed redactions to the oral hearing
`transcript shall be informed by this guidance. We will not be bound by the
`parties’ proposed redactions. The parties may request a conference call with
`the panel if further guidance is necessary.
`In consideration of the foregoing, it is:
`ORDERED that the parties are ordered to jointly file a proposed
`redacted version of the oral hearing transcript by March 28, 2016.
`
`2
`
`
`
`
`
`
`PETITIONER:
`
`Thomas H. Jenkins
`tom.jenkins@finnegan.com
`
`Virginia L. Carron
`virginia.carron@finnegan.com
`
`Tyler M. Akagi
`tyler.akagi@finnegan.com
`
`PATENT OWNER:
`
`Greg H. Gardella
`cpdocketgardella@oblon.com
`
`Scott A. McKewon
`cpdocketmckeown@oblon.com
`
`Ruby J. Natnithithadha
`cpdocketrjn@oblon.com
`
`Case IPR2015-00195 (Patent 6,475,435)
`Case IPR2015-00249 (Patent 6,481,468)
`
`
`
`
`3
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