`Trials@uspto.gov
`571-272-7822
`
`
`
`Paper: 73
`Date: December 14, 2023
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`MASIMO CORPORATION,
`Patent Owner.
`____________
`
`IPR2022-01291 (Patent 10,687,745 B1)
`IPR2022-01465 (Patent 10,687,745 B1)1
`
`____________
`
`
`
`Before JOSIAH C. COCKS, GEORGE R. HOSKINS, and
`ROBERT A. POLLOCK, Administrative Patent Judges.
`
`HOSKINS, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. §§ 42.5, 42.15, and 42.54
`
`
`
`
`1 This Order is being filed in each proceeding listed in the caption, due to
`the common issues addressed. The parties are not authorized to use a
`combined caption in these proceedings.
`
`
`
`
`IPR2022-01291 (Patent 10,687,745 B1)
`IPR2022-01465 (Patent 10,687,745 B1)
`
`
`Oral argument in each of these two proceedings occurred, in a
`consolidated fashion, on November 17, 2023. A corresponding Transcript
`has been entered in each proceeding, which is viewable only by the parties
`and the Board (not the public), due to the potential of confidential
`information subject to a Protective Order previously entered in these two
`cases being discussed. See IPR2022-01291, Paper 71; IPR2022-01465,
`Paper 69 (“Transcript” or “Tr.”); see also IPR2022-01291, Paper 48, 4–5
`(Trial Hearing Order, setting forth procedures for handling the discussion of
`confidential information during the oral argument).
`In order to maximize public availability of the record presented in
`these cases, the parties shall each review the Transcript to identify whether
`any confidential information subject to the Protective Order was discussed.
`If such confidential information was discussed, the parties shall jointly
`prepare and file in each proceeding a publicly available version of the
`Transcript, in which the header (“BOARD AND PARTIES ONLY”) is
`removed, and in which the confidential information has been redacted out.
`Any such redactions must be limited to the portion of the Transcript
`corresponding to the session that was closed to the public, which begins on
`page 54 (line 1) of the Transcript. If such confidential information was not
`discussed, the parties shall jointly file in each proceeding a publicly
`available version of the entire Transcript with the header removed, and
`without redactions.
`In consideration of the foregoing, it is hereby:
`ORDERED that the parties shall each review the Transcript to identify
`whether any confidential information subject to the Protective Order was
`discussed; and
`
`2
`
`
`
`IPR2022-01291 (Patent 10,687,745 B1)
`IPR2022-01465 (Patent 10,687,745 B1)
`
`
`FURTHER ORDERED that the parties shall complete the filing of
`a publicly available version of the Transcript, as set forth above, on or before
`December 29, 2023.
`
`FOR PETITIONER:
`
`W. Karl Renner
`Nicholas Stephens
`Andrew B. Patrick
`Kim Leung
`Patrick J. Bisenius
`Patrick J. King
`FISH & RICHARDSON P.C.
`axf-ptab@fr.com
`nstephens@fr.com
`patrick@fr.com
`leung@fr.com
`bisenius@fr.com
`pking@fr.com
`
`FOR PATENT OWNER:
`
`Brian Claassen
`Carol Pitzel Cruz
`Daniel Kiang
`Jeremiah Helm
`KNOBBE, MARTENS, OLSON, & BEAR, LLP
`2bcc@knobbe.com
`2cmp@knobbe.com
`2dck@knobbe.com
`2jgh@knobbe.com
`
`3
`
`
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