`Tel: 571-272-7822
`
`
`
`
` Paper 55
`Entered: August 22, 2023
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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
`
`APPLE, INC,
`Petitioner,
`
`v.
`
`MEMORYWEB, LLC,
`Patent Owner.
`
`
`IPR2022-00031
`Patent 10,621,228 B2
`
`
`
`
`Before LYNNE H. BROWNE, NORMAN H. BEAMER, and
`KEVIN C. TROCK, Administrative Patent Judges.
`
`TROCK, Administrative Patent Judge.
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`
`
`ORDER
`Granting Patent Owner’s Unopposed
`Motion for Protective Order
`37 C.F.R. § 42.54
`
`
`
`
`
`
`
`
`
`IPR2022-00031
`Patent 10,621,228 B2
`
`
`
`On August 18, 2023, Patent Owner, MemoryWeb, LLC, filed an
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`Unopposed Motion for Entry of Protective Order. Paper 52 (“Motion”). In
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`its Motion, Patent Owner indicates that it “has conferred with Petitioner via
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`email,” and that “Petitioner does not oppose entry of the proposed Protective
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`Order.” Id. at 1.
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`Patent Owner submits a proposed Protective Order that differs from
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`the Board’s Default Protective Order. Id. at App. A. Patent Owner indicates
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`that “[t]he proposed Protective Order differs from the Board’s Default
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`Protective Order . . . in that the proposed Protective Order includes a
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`‘HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY’ designation,”
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`and that “the proposed Protective Order identifies the persons to which
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`access to confidential information is limited and clarifies the treatment of
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`confidential materials unless the Board determines that information does not
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`qualify for confidential treatment.” Id. at 2. Patent Owner indicates that
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`“these changes are designed to limit access to certain materials by each
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`party’s representatives and in-house counsel,” and that the changes “do not
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`limit [the] Board’s authority in this proceeding.” Id.
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`
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`Upon reviewing the proposed Protective Order, we conclude that the
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`differences from the Board’s Default Protective Order address the parties’
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`obligations and do not limit the Board’s authority in this proceeding.
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`Accordingly, it is
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`ORDERED that Patent Owner’s Unopposed Motion for Entry of
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`Protective Order is granted, and the proposed Protective Order (Paper 52,
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`App. A) is entered.
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`
`
`
`
`
`
`IPR2022-00031
`Patent 10,621,228 B2
`
`
`For PETITIONER:
`
`Jeffrey P. Kushan
`SIDLEY AUSTIN LLP
`jkushan@sidley.com
`
`
`For PATENT OWNER:
`
`Jennifer Hayes
`George Dandalides
`NIXON PEABODY LLP
`jenhayes@nixonpeabody.com
`gdandalides@nixonpeabody.com
`
`
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