`Ted Cannon; IPR50095-0046IP1; IPR50095-0046IP2; PTAB Inbound
`AppleIPR127-1; AppleIPR127-2
`RE: Motions to Seal and Protective Order - IPR2022-01299/-01300
`Thursday, November 3, 2022 12:51:20 PM
`
`From:
`To:
`Cc:
`Subject:
`Date:
`
`Hi Ted,
`
`We appreciate your bringing your proposed motions to seal and protective order to our attention, but having received the request just last night
`we’re confused as to why Masimo didn’t reach out earlier, to allow adequate time in advance of Masimo’s preliminary response deadline for
`consideration of the questions that you’ve asked. We’ll need time to consider the issues raised by your request and to confer with ITC counsel and
`with our client before we can meet and confer.
`
`Allowing for that, we expect that we could meet and confer early next week. Can you please let us know your availability on Monday, Tuesday,
`and Wednesday?
`
`If you require an answer to your questions today or tomorrow, the answer must be that we oppose because we haven’t been provided adequate
`time for consideration. In that regard, if you reach out to the Board, please do not merely indicate our opposition, but instead provide them with a
`copy of this exchange to give them the context of our opposition.
`
`With best,
`-Dan
`________________________________________
`Dan Smith :: Principal :: Fish & Richardson P.C.
`
`From: Ted Cannon <Ted.Cannon@knobbe.com>
`Sent: Wednesday, November 2, 2022 6:50 PM
`To: IPR50095-0046IP1 <IPR50095-0046IP1@fr.com>; IPR50095-0046IP2 <IPR50095-0046IP2@fr.com>; PTAB Inbound <PTABInbound@fr.com>
`Cc: AppleIPR127-1 <AppleIPR127-1@knobbe.com>; AppleIPR127-2 <AppleIPR127-2@knobbe.com>
`Subject: Motions to Seal and Protective Order - IPR2022-01299/-01300
`
`[This email originated outside of F&R.]
`
`Counsel,
`
`Masimo plans to file, on Friday, November 4, 2022, motions to seal (1) portions of its preliminary responses in IPR2022-01299 and
`IPR2022-01300 and (2) exhibits containing Masimo highly confidential information relevant to secondary considerations of non-
`obviousness. The same and similar information was submitted as CONFIDENTIAL BUSINESS INFORMATION in the ITC Investigation, and it
`should have the same level of protection in the IPRs. Accordingly, Masimo proposes the attached proposed protective order for these
`IPRs. The proposed protective order is based on the PTAB’s Default Protective Order and has been modified to include protections for
`CONFIDENTIAL BUSINESS INFORMATION included in the ITC protective order. I have attached the proposed protective order and a
`redline version to show changes from the PTAB’s Default Protective Order.
`
`Please let us know whether Apple will oppose Masimo’s motions to seal and whether Apple agrees to entry of the proposed protective
`order. Please also let us know when you are available for a call tomorrow to meet and confer regarding the motions to seal and
`proposed protective order.
`
`Thanks,
`
`Ted
`
`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
`
`NOTICE: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review,
`use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original
`message.
`
`MASIMO 2085
`Apple v. Masimo
`IPR2022-01299
`
`
`
`****************************************************************************************************************************
`This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged
`information. Any unauthorized use or disclosure is prohibited. If you are not the intended recipient, please contact the
`sender by reply email and destroy all copies of the original message.
`****************************************************************************************************************************
`
`MASIMO 2085
`Apple v. Masimo
`IPR2022-01299
`
`