throbber
Trials@uspto.gov
`571-272-7822
`
` Paper No. 11
`Date: July 13, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`JUNIPER NETWORKS, INC. & PALO ALTO NETWORKS, INC.,
`Petitioner,
`v.
`PACKET INTELLIGENCE LLC,
`Patent Owner.
`
`
`
`
`
`
`
`IPR2020-00335 (Patent 6,651,099 B1) IPR2020-00336 (Patent 6,665,725 B1)
`IPR2020-00337 (Patent 6,771,646 B1) IPR2020-00338 (Patent 6,839,751 B1)
`IPR2020-00339 (Patent 6,954,789 B2) IPR2020-00485 (Patent 6,651,099 B1)
`IPR2020-00486 (Patent 6,954,789 B2)1
`
`Before STACEY G. WHITE, CHARLES J. BOUDREAU, JOHN D.
`HAMANN, and KRISTI L. R. SAWERT, Administrative Patent Judges.
`SAWERT, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Petitioner’s Request for Authorization to File Motion to Disqualify
`and Motion to Seal
`37 C.F.R. § 42.5
`
`
`1 We exercise our discretion to enter a single order to be entered in each
`case. For convenience, we refer to the exhibit numbers entered in IPR2020-
`00335. The parties are not permitted to use this caption. This is not an
`expanded panel. The panel for IPR2020-00335, -00336, -00337, and -00485
`includes Judges White, Boudreau, and Hamann. The panel for IPR2020-
`00338, -00339, and -00485 includes Judges Boudreau, Hamann, and Sawert.
`
`
`
`
`

`

`IPR2020-00335 (Patent 6,651,099 B1) IPR2020-00336 (Patent 6,665,725 B1)
`IPR2020-00337 (Patent 6,771,646 B1) IPR2020-00338 (Patent 6,839,751 B1)
`IPR2020-00339 (Patent 6,954,789 B2) IPR2020-00485 (Patent 6,651,099 B1)
`IPR2020-00486 (Patent 6,954,789 B2)
`
`
`On July 6, 2020, counsel for Petitioner Juniper Networks, Inc.
`(“Juniper”2) contacted the Board via email to request a conference call
`seeking authorization to file a motion to disqualify Patent Owner’s declarant,
`Kevin C. Almeroth, Ph.D., in the above-identified proceedings. See
`Ex. 3003. Juniper states that it “previously retained Dr. Almeroth and
`supplied him with confidential and privileged information relevant to these
`[inter partes reviews].” Id. Juniper states that it has also filed a motion to
`disqualify Dr. Almeroth in a related district-court proceeding between the
`parties captioned Packet Intelligence LLC v. Juniper Networks, Inc., Case
`No. 3:19-cv-04741-WHO (N.D. Cal.). According to Juniper, that motion is
`pending.
`Juniper also states that it “anticipates that it will need to file
`confidential information along with its motion and seeks authorization to file
`a Protective Order allowing confidential information to be designated as
`Attorneys’ Eyes Only.” Id. Juniper states that it conferred with Patent
`Owner, and that Patent Owner opposes both its request to file a motion to
`disqualify and its request to file a protective order.
`The panels have conferred and determined that a conference call is not
`necessary. Juniper is authorized to file a motion to disqualify Dr. Almeroth
`in these proceedings. Juniper is also authorized to file a motion to seal in
`accordance with 37 C.F.R. § 42.55 with a proposed protective order
`concurrently with its motion to disqualify. See also PTAB Consolidated
`
`
`2 Palo Alto Networks, Inc. is also a Petitioner in these proceedings but does
`not appear to be a party to Juniper’s request. See Ex. 3003.
`
`2
`
`

`

`IPR2020-00335 (Patent 6,651,099 B1) IPR2020-00336 (Patent 6,665,725 B1)
`IPR2020-00337 (Patent 6,771,646 B1) IPR2020-00338 (Patent 6,839,751 B1)
`IPR2020-00339 (Patent 6,954,789 B2) IPR2020-00485 (Patent 6,651,099 B1)
`IPR2020-00486 (Patent 6,954,789 B2)
`
`Trial Practice Guide (Nov. 2019), 19–20. Patent Owner is authorized to file
`an opposition to each such motion.
`ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that Juniper’s request for authorization to file a Motion to
`Disqualify Dr. Almeroth in each of these proceedings is granted;
`FURTHER ORDERED that each Motion to Disqualify may be no
`more than ten (10) pages in length;
`FURTHER ORDERED that Juniper shall file any such Motion to
`Disqualify by 5:00 PM Eastern Time, within one week from the date of this
`Order;
`FURTHER ORDERED that such Motion to Disqualify may be
`accompanied by a Motion to Seal in accordance with 37 C.F.R. § 42.55, as
`well as a proposed protective order;
`FURTHER ORDERED that, if Juniper files a Motion to Disqualify,
`Patent Owner is authorized to file an Opposition of no more than ten (10)
`pages in length in each of these proceedings, addressing Juniper’s arguments
`in the Motion to Disqualify;
`FURTHER ORDERED that Patent Owner shall file any such
`Opposition by 5:00 PM Eastern Time, within one week from the date of the
`Motion to Disqualify;
`FURTHER ORDERED that, if Juniper files a Motion to Seal, Patent
`Owner is authorized to file, along with its Opposition to the Motion to
`Disqualify, an Opposition addressing Juniper’s arguments in the Motion to
`Seal; and
`
`3
`
`

`

`IPR2020-00335 (Patent 6,651,099 B1) IPR2020-00336 (Patent 6,665,725 B1)
`IPR2020-00337 (Patent 6,771,646 B1) IPR2020-00338 (Patent 6,839,751 B1)
`IPR2020-00339 (Patent 6,954,789 B2) IPR2020-00485 (Patent 6,651,099 B1)
`IPR2020-00486 (Patent 6,954,789 B2)
`
`
`FURTHER ORDERED that no reply is authorized at this time.
`
`4
`
`

`

`IPR2020-00335 (Patent 6,651,099 B1) IPR2020-00336 (Patent 6,665,725 B1)
`IPR2020-00337 (Patent 6,771,646 B1) IPR2020-00338 (Patent 6,839,751 B1)
`IPR2020-00339 (Patent 6,954,789 B2) IPR2020-00485 (Patent 6,651,099 B1)
`IPR2020-00486 (Patent 6,954,789 B2)
`
`For PETITIONER:
`
`Joseph Edell
`Adam Allgood
`FISCH SIGLER LLP
`joe.edell.ipr@fischllp.com
`adam.allgood@fischllp.com
`
`Scott McKeown
`James Batchelder
`Mark Rowland
`ROPES & GRAY LLP
`scott.mckeown@ropesgray.com
`james.batchelder@ropesgray.com
`mark.rowland@ropesgray.com
`
`For PATENT OWNER:
`
`R. Allan Bullwinkel
`Michael Heim
`HEIM PAYNE & CHORUSH, PLLC
`abullwinkel@hpcllp.com
`mheim@hpcllp.com
`
`
`5
`
`

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