Trials
`Ted Cannon
`IPR50095-0046IP1@fr.com; IPR50095-0046IP2@fr.com; AppleIPR127-1; AppleIPR127-2; Trials
`RE: IPR2022-01299 & IPR2022-01300 - Clarification re November 15, 2022 Order
`Thursday, November 17, 2022 9:19:27 AM
`
`From:
`To:
`Cc:
`Subject:
`Date:
`
`Counsel:
`
`Patent Owner is authorized to file its renewed motion to seal. The motion need not be submitted
`jointly but shall otherwise be filed as set forth in our Order of November 15. Petitioner is urged to
`file any opposition–or inform the Board that the motion is no longer opposed–at its earliest
`convenience. With respect to the substance of the motion and any opposition, we direct the parties
`to IPR2016-00258, Paper 37.
`
`Regards,
`
`Esther Goldschlager
`Supervisory Paralegal Specialist
`Patent Trial and Appeal Board
`
`From: Ted Cannon <Ted.Cannon@knobbe.com>
`Sent: Wednesday, November 16, 2022 4:34 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: IPR50095-0046IP1@fr.com; IPR50095-0046IP2@fr.com; AppleIPR127-1 <AppleIPR127-
`1@knobbe.com>; AppleIPR127-2 <AppleIPR127-2@knobbe.com>
`Subject: IPR2022-01299 & IPR2022-01300 - Clarification re November 15, 2022 Order
`
`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 seek clarification regarding one aspect of the Board’s November 15, 2022 Order
`Denying Without Prejudice Patent Owner’s Motion to Seal and for Entry of a Modified
`Protective Order. The November 15, 2022 Order states that a party filing a motion to seal
`shall file “a jointly proposed protective order” and that Masimo has not “jointly submitted the
`proposed protective order.” IPR2022-01299 Paper 13 at 2 (emphases added). However, the
`parties have met and conferred about the protective order Masimo proposes and have not
`reached agreement on a jointly proposed protective order. Specifically, Apple opposes at
`least Masimo’s proposed prosecution bar provisions. In view of the parties’ lack of agreement,
`the parties cannot jointly submit a proposed protective order. Thus, Masimo seeks
`clarification from the Board whether Masimo may file its proposed protective order, which
`Apple opposes.
`
`If a conference call with the Board is necessary, the parties are available for a conference call
`
`Exhibit 3001
`
`

`

`with the Board at the following times (Eastern Time):
`
`
`Thursday, November 17, 2022, 2:00 – 2:30 pm or 4:00 pm or later
`Friday, November 18, 2022, 3:00 – 5:00 pm
`
`
`Respectfully,
`
`Ted Cannon
`Counsel for Patent Owner
`
`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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`
`