Trials
`Ted Cannon; Trials; AXF-PTAB
`IPR50095-0046IP1; AppleIPR127-1; nstephens@fr.com; patrick@fr.com; dsmith@fr.com; pking@fr.com;
`2ial@knobbe.com; 2jzk@knobbe.com; 2jup@knobbe.com; 2jgh@knobbe.com
`RE: IPR2022-01299 - Request for conference call, if necessary, regarding sealing of documents
`Thursday, February 15, 2024 9:14:55 AM
`
`From:
`To:
`Cc:
`
`Subject:
`Date:
`
`Counsel,
`
`From the Board –
`
`Public and Board and Parties Only versions of the oral hearing transcript have been entered as
`Papers 67 and 63, respectively. No formal motion to seal Paper 63 and Exhibit 1063 is required.
` According to our Consolidated Trial Practice Guide (“CPTG”), “[c]onfidential information that is
`subject to a protective order ordinarily would become public 45 days after denial of a petition to
`institute a trial or 45 days after final judgment in a trial.” CPTG, 21–22. As such, confidential
`information will remain undisturbed pending any appeal, after which time, a party may file a motion
`to expunge the information from the record prior to the information becoming public. Id. at 22.
`
`Regards,
`
`Esther Goldschlager
`Supervisory Paralegal Specialist
`Patent Trial & Appeal Board
`U.S. Patent & Trademark Office
`
`From: Ted Cannon <Ted.Cannon@knobbe.com>
`Sent: Thursday, February 8, 2024 1:40 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: IPR50095-0046IP1 <IPR50095-0046IP1@fr.com>; AppleIPR127-1 <AppleIPR127-1@knobbe.com>
`Subject: IPR2022-01299 - Request for conference call, if necessary, regarding sealing of documents
`
`CAUTION: This email has originated from a source outside of USPTO. PLEASE CONSIDER THE SOURCE before
`responding, clicking on links, or opening attachments.
`
`Dear Board:
`
`I write to request a conference call, if necessary, to request the following: (1) that the portion
`of the oral hearing transcript for the closed session of the oral hearing (Paper 63 at 44-61) be
`sealed and immediately re-designated in P-TACTS as accessible to the Board and parties only
`and (2) that the confidential version of Apple’s demonstrative exhibits (Exhibit 1063) remain
`sealed and accessible to the Board and parties only. Further information about each request
`is provided below.
`
`Oral Hearing Transcript. The oral hearing was divided into a non-confidential portion (see
`
`Exhibit 3007
`
`

`

`Paper 63 at 1-44) and a confidential portion (see id. at 44-61). The confidential portion refers
`to confidential exhibits that have been sealed. However, it appears the oral hearing transcript
`(Paper 63) was inadvertently issued as a single document accessible to the public. Masimo
`requests sealing of the confidential portion. If a formal motion to seal is required, Masimo
`requests immediate re-designation of the confidential portion as accessible to the Board and
`parties only pending resolution of the motion.
`
`Apple’s Demonstrative Exhibits. Apple filed confidential and non-confidential versions of
`Exhibit 1063, Apple’s demonstrative exhibits. The confidential version is currently accessible
`to the Board and parties only but was not expressly addressed in the granted motions to seal.
`Because the confidential version includes information contained in confidential exhibits that
`have been sealed, Masimo requests that the confidential version remain sealed.
`
`Counsel for the parties have conferred and Apple does not oppose these requests. Should the
`Board desire a conference call, counsel for the parties are available between 1:00 pm and 5:00
`pm ET on February 9, 12, or 13. If necessary, Masimo is willing to file a formal motion to seal.
`
`Respectfully,
`
`Ted Cannon
`Counsel for Masimo
`
`Ted M. Cannon
`Partner
`Ted.Cannon@knobbe.com
`949-721-2897 Direct
`Knobbe Martens
`2040 Main St., 14th Fl.
`Irvine, CA 92614
`www.knobbe.com/ted-cannon
`
`
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`