`571.272.7822
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` Paper: 30
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` Date: February 28, 2023
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`v.
`MASIMO CORPORATION,
`Patent Owner.
`
`IPR2022-01299 (US 7,761,127 B2)
`
`
`
`
`
`Before JOSIAH C. COCKS, JAMES A. TARTAL, and
`ROBERT A. POLLOCK, Administrative Patent Judges.
`POLLOCK, Administrative Patent Judge.
`
`
`
`
`ORDER
`Granting Patent Owner’s Renewed Motion for Entry of a Modified
`Protective Order and Motion to Withdraw and Expunge
`Confidential Information
`
`37 C.F.R. §§ 42.5, 42.14, 42.54
`
`
`
`
`
`
`IPR2022-01299 (US 7,761,127 B2)
`
`By Order dated February 17, 2023, we provisionally granted Patent
`Owner’s renewed motion for entry of a modified protective order subject to
`the elimination of the prosecution bar provision of paragraph 4.B. Paper 27,
`10. Subject to entry of a modified protective order, we further provisionally
`granted Patent Owner’s renewed motion to seal the unredacted version of its
`Patent Owner Preliminary Response (“POPR,” Paper 9), Exhibits 2002,
`2051, and 2082, and the entirety of Exhibits 2003, 2004, 2006, 2007, 2009,
`2010, 2012–2016, 2018–2021, 2027, 2028, 2031, 2032, 2033, 2057, 2058,
`and 2081. Id.
`By email dated February 24, 2023, Patent Owner informs us that it
`“filed a revised protective order removing the prosecution bar provision of
`paragraph 4.B.” as required under our February 17 Order. See Exhibit 3003.
`This proposed modified protective order (Exhibit 2094) is consistent with
`our February 17 Order, and is hereby entered.
`Patent Owner also requests, by email, that it be permitted to withdraw,
`and that we expunge, “the confidential version of the POPR (Paper 9), the
`confidential versions of Exhibits 2002, 2051, and 2081, and Exhibits 2003,
`2004, 2006, 2007, 2009, 2010, 2012–2021, 2027, 2028, 2031–2033, 2057,
`2058, and 2082.” Id. Patent Owner avers that Petitioner does not oppose the
`request. Id. Considering the circumstances, we consider Patent Owner’s
`request as a motion to withdraw its prior motion to seal, and to withdraw and
`expunge an expanded list of cited documents.
`
`Because the motion is unopposed, and the referenced documents are
`not necessary to understanding the reasons underlying our Decision to
`Institute (Paper 21), Patent Owner’s motion is granted.
`SO ORDERED
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`IPR2022-01299 (US 7,761,127 B2)
`
`
`For PETITIONER:
`
`Walter Renner
`Nicholas Stephens
`Andrew Patrick
`Dan Smith
`FISH & RICHARDSON P.C.
`axf-ptab@fr.com
`nstephens@fr.com
`patrick@fr.com
`dsmith@fr.com
`
`
`For PATENT OWNER:
`
`Irfan A. Lateef
`Ted M. Cannon
`Jarom D. Kesler
`Jacob Peterson
`KNOBBE, MARTENS, OLSON, & BEAR, LLP
`2ial@knobbe.com
`2tmc@knobbe.com
`2jzk@knobbe.com
`2jup@knobbe.com
`
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