`571.272.7822
`
`
` Paper: 30
`
` Date: February 28, 2023
`
`
`
`
`
`
`
`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
`
`
`
`
`
`
`
`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
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
