`
`Filed on behalf of:
`Patent Owner Masimo Corporation
`By: Brian C. Claassen (Reg. No. 63,051)
`Carol Pitzel Cruz (Reg. No. 61,224)
`Daniel Kiang (Reg. No. 79,631)
`Jeremiah S. Helm, Ph.D. (admitted pro hac vice)
`
`
`
`
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, Fourteenth Floor
`Irvine, CA 92614
`Tel.: (949) 760-0404
`Fax: (949) 760-9502
`E-mail:
`AppleIPR745-1@knobbe.com
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`MASIMO CORPORATION,
`Patent Owner.
`
`
`
`
`
`
`
`Case IPR2022-01291
`U.S. Patent 10,687,745
`
`
`
`
`
`
`PATENT OWNER’S MOTION TO SEAL
`PATENT OWNER’S OPPOSITION TO PETITIONER’S
`MOTION TO EXCLUDE
`
`
`
`
`
`IPR2022-01291
`Apple Inc. v. Masimo Corporation
`
`Patent Owner Masimo Corporation (“Masimo” or “Patent Owner”) submits
`
`this Motion to Seal pursuant to the Protective Order (EX1035). Petitioner Apple’s
`
`Motion to Exclude seeks to exclude, among other things, EX2076-2086, and
`
`EX2089-2090, which were filed under seal in this IPR as containing Apple’s
`
`confidential information. The Board previously granted Masimo’s motion to file
`
`EX2076-2086, and EX2089-2090 under seal. See Paper 41. Masimo’s Opposition
`
`to Petitioner’s Motion to Exclude discusses information from those exhibits which
`
`remain confidential in this IPR. The Board has previously granted motions to seal
`
`the parties’ briefs in this IPR that quote from those confidential documents. See
`
`Paper 41. Accordingly, for the same reasons, Patent Owner’s Opposition to
`
`Petitioner’s Motion to Exclude should also be filed under seal as containing
`
`confidential information. Masimo is concurrently filing a nonconfidential version
`
`of the Opposition to Petitioner’s Motion to Exclude with confidential information
`
`redacted. Confidential information in the confidential version of the Opposition
`
`has been highlighted yellow for the Board’s convenience.
`
`
`
`Masimo has conferred with Apple via email. Apple does not oppose
`
`Masimo’s filing of its Opposition to Apple’s Motion to Exclude under seal.
`
`
`
`For the foregoing reasons, Masimo requests the Board seal Masimo’s
`
`Opposition to Apple’s Motion to Exclude.
`
`-1-
`
`
`
`IPR2022-01291
`Apple Inc. v. Masimo Corporation
`Respectfully submitted,
`
`Dated: November 6, 2023
`
`
`
`
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`
`
`
`/Daniel C. Kiang/
`Daniel C. Kiang (Reg. No. 79,631)
`Customer No. 64,735
`
`Attorney for Patent Owner
`Masimo Corporation
`
`
`-2-
`
`
`
`IPR2022-01291
`Apple Inc. v. Masimo Corporation
`CERTIFICATE OF SERVICE
`I hereby certify that, pursuant to 37 C.F.R. § 42.6(e) and with the agreement
`
`of counsel for Petitioner, a true and correct copy of PATENT OWNER’S
`
`MOTION TO
`
`SEAL PATENT OWNER’S OPPOSITION TO
`
`PETITIONER’S MOTION TO EXCLUDE is being served electronically on
`
`November 6, 2023, to the e-mail addresses shown below:
`
`W. Karl Renner
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`Tel: 612-335-5070
`Fax: 612-288-9696
`Email: IPR50095-0045IP1@fr.com
`
`Dated: November 6, 2023
`
`Nicholas Stephens
`Andrew B. Patrick
`Kim Leung
`Patrick J. Bisenius
`Patrick J. King
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`Tel: 202-783-5070
`Fax:877-769-7945Email:
`PTABInbound@fr.com
`
`
`
`/Daniel C. Kiang/
`Daniel C. Kiang (Reg. No. 79,631)
`
`Attorney for Patent Owner
`Masimo Corporation
`
`
`
`-3-
`
`
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