`Tel: 571-272-7822
`
`
`Paper 78
`Entered: September 23, 2016
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`SNAP-ON INC.,
`Petitioner,
`
`v.
`
`MILWAUKEE ELECTRIC TOOL CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2015-01242 (Patent 7,554,290 B2)
`Case IPR2015-01243 (Patent 7,944,173 B2)
` Case IPR2015-01244 (Patent 7,999,510 B2)1
`____________
`
`
`Before GRACE KARAFFA OBERMANN, PATRICK R. SCANLON, and
`CARL M. DEFRANCO, Administrative Patent Judges.
`
`OBERMANN, Administrative Patent Judge.
`
`
`ORDER
`Granting Patent Owner’s Unopposed Motion for
`Entry of a Stipulated Modified Protective Order (Exhibit 2149)
`37 C.F.R. § 42.54
`
`
`1 This order addresses issues common to all proceedings; therefore, we issue a
`single order that is entered in each case.
`
`
`
`
`IPR2015-01242(Patent 7,554,290 B2)
`IPR2015-01243 (Patent 7,944,173 B2)
`IPR2015-01244 (Patent 7,999,510 B2)
`
`On May 24, 2016, pursuant to our Order dated May 17, 2016, Patent Owner
`filed an Unopposed Motion for Entry of a Stipulated Modified Protective Order
`(Exhibit 2149). Paper 39, “Motion.”2 The Motion is accompanied by a clean copy
`of the Stipulated Protective Order. Ex. 2149. The Motion also is accompanied by
`a marked-up comparison to the Board’s default protective order. Ex. 2234. The
`Motion further is accompanied by a marked-up comparison to a protective order
`from corresponding district court litigation. Ex. 2235. Patent Owner avers that
`“Petitioner does not oppose this Motion. The parties have discussed and agreed to
`entry of the Stipulated Modified Protective Order.” Motion 2. Both parties
`previously filed confidential information in these proceedings, which has been
`maintained under seal provisionally according to the terms of the Board’s default
`protective order. See, e.g., Papers 23, 36.
`The Stipulated Modified Protective Order includes language absent from the
`Board’s default protective order requiring the parties to refrain from challenging a
`motion under 37 C.F.R. § 42.56 to expunge confidential information upon
`completion of these proceedings and, further, requiring the parties to return or
`destroy all confidential information upon completion of these proceedings. Mot. 4
`(citing Ex. 2234, 9). We advise both parties that the Board will not expunge
`papers identified in any final written decision entered in these proceedings—even
`if the papers are the subject of an unopposed motion to expunge. In that regard,
`there is a strong public policy in favor of making information filed in an inter
`partes review open to the public, especially because such proceedings determine
`
`2 A word-for-word identical motion was filed in each proceeding. For
`convenience, we refer to papers filed in IPR2015-01242.
`
` 2
`
`
`
`
`
`
`
`IPR2015-01242(Patent 7,554,290 B2)
`IPR2015-01243 (Patent 7,944,173 B2)
`IPR2015-01244 (Patent 7,999,510 B2)
`
`the patentability of claims in an issued patent, and, therefore, affect the rights of
`the public. See Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,760
`(Aug. 14, 2012).
`Confidential information subject to a protective order ordinarily becomes
`public 45 days after final judgment in a trial. Id. at 48,761 (Aug. 14, 2012). There
`is an expectation that information will be made public where the existence of the
`information is identified in a final written decision following a trial. Id. By placing
`confidential information before the Board in these proceedings, both parties accept
`the risk that information subject to the Stipulated Modified Protective Order shall
`become public if identified in a final written decision. In that regard, the need to
`preserve the confidentiality of information may not outweigh the public interest in
`maintaining a complete and understandable record, including the factual basis for
`the Board’s findings in support of a final written decision on patentability.
`Patent Owner establishes good cause for entry of the Stipulated Modified
`Protective Order. Motion, 2–4. Accordingly, we grant the Motion.
`
`
`It is
`
`ORDERED that Patent Owner’s Unopposed Motion for Entry of a
`Stipulated Modified Protective Order (Exhibit 2149) is granted; and
`
`FURTHER ORDERED that the Stipulated Modified Protective Order that is
`Exhibit 2149 is hereby entered in each proceeding, in lieu of the Board’s default
`protective order.
`
` 3
`
`
`
`
`
`
`
`
`
`
`
`IPR2015-01242(Patent 7,554,290 B2)
`IPR2015-01243 (Patent 7,944,173 B2)
`IPR2015-01244 (Patent 7,999,510 B2)
`
`PETITIONER:
`
`Paul Devinsky
`Joseph Paquin
`Amol Parikh
`McDERMOTT, WILL & EMERY LLP
`pdevinsky@mwe.com
`jpaquin@mwe.com
`amparikh@mwe.com
`
`
`
`PATENT OWNER:
`
`Dion Bregman
`Charles Huse
`Ahren Hsu-Hoffman
`Jason White
`MORGAN, LEWIS & BOCKIUS LLP
`dbregman@morganlewis.com
`Chuse@morganlewis.com
`Ahren.hsu-hoffman@morganlewis.com
`jason.white@morganlewis.com
`
`
` 4
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