Nicholas Stephens
`
`From:
`Sent:
`To:
`Cc:
`Subject:
`
`Hi Ted,
`
`Dan Smith
`Thursday, November 03, 2022 2:51 PM
`Ted Cannon; IPR50095-0046IP1; IPR50095-0046IP2; PTAB Inbound
`AppleIPR127-1; AppleIPR127-2
`RE: Motions to Seal and Protective Order - IPR2022-01299/-01300
`
`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
`
`1
`
`APPLE 1016
`Apple v. Masimo
`IPR2022-01300
`
`

`

`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
`
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`
`2
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