`Trials@uspto.gov
`571-272-7822
`
`
`
`Paper 68
`Date: November 16, 2023
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`MASIMO CORPORATION,
`Patent Owner.
`____________
`
`IPR2022-01291 (Patent 10,687,745 B1)
`IPR2022-01465 (Patent 10,687,745 B1)1
`
`____________
`
`
`
`Before JOSIAH C. COCKS, GEORGE R. HOSKINS, and
`ROBERT A. POLLOCK, Administrative Patent Judges.
`
`HOSKINS, Administrative Patent Judge.
`
`
`ORDER
`Granting Patent Owner’s Motions to Seal
`37 C.F.R. §§ 42.14 and 42.54
`
`
`
`
`1 This Order is being filed in each proceeding listed in the caption, due to
`the common issues addressed. The parties are not authorized to use a
`combined caption in these proceedings.
`
`
`
`
`IPR2022-01291 (Patent 10,687,745 B1)
`IPR2022-01465 (Patent 10,687,745 B1)
`
`
`DISCUSSION
`I.
`In each of these two proceedings, Patent Owner has filed a Motion to
`Seal (IPR2022-01291, Paper 59, “Mot.”; IPR2022-01465, Paper 59) Patent
`Owner’ Opposition (IPR2022-01291, Paper 58; IPR2022-01465, Paper 57)
`to Petitioner’s Motion to Exclude Evidence.
`The Motions are both granted, for the following reasons. First, they
`are unopposed. See Mot. 1. Second, the Oppositions at issue discuss
`confidential information reflected in Exhibits that we have already sealed via
`a previous Order. See id. Third, Patent Owner filed redacted versions of the
`Oppositions, which are sufficient to notify the public of the general thrust of
`Patent Owner’s arguments as to the admissibility of the evidence challenged
`by Petitioner. See IPR2022-01291, Paper 60; IPR2022-01465, Paper 58.
`Thus, we conclude the Motions are supported by good cause. See 37 C.F.R.
`§ 42.54(a).
`A Protective Order has already been entered in both of these
`proceedings. See, e.g., IPR2022-01291, Paper 24, Ex. 1035. That Protective
`Order governs the confidentiality of the Oppositions sealed by this Order.
`
`II. ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that Patent Owner’s Motions to Seal (IPR2022-01291,
`Paper 59; IPR2022-01465, Paper 59) are both granted; and
`FURTHER ORDERED that Patent Owner’ Oppositions
`(IPR2022-01291, Paper 58; IPR2022-01465, Paper 57) to Petitioner’s
`Motions to Exclude Evidence shall remain sealed and designated as “Board
`and Parties Only” in P-TACTS until further notice; and
`
`2
`
`
`
`IPR2022-01291 (Patent 10,687,745 B1)
`IPR2022-01465 (Patent 10,687,745 B1)
`
`
`FURTHER ORDERED that the Protective Order set forth in
`Exhibit 1035 continues to govern these proceedings.
`
`FOR PETITIONER:
`
`W. Karl Renner
`Nicholas Stephens
`Andrew B. Patrick
`Kim Leung
`Patrick J. Bisenius
`Patrick J. King
`FISH & RICHARDSON P.C.
`axf-ptab@fr.com
`nstephens@fr.com
`patrick@fr.com
`leung@fr.com
`bisenius@fr.com
`pking@fr.com
`
`FOR PATENT OWNER:
`
`Brian C. Claassen
`Carol Pitzel Cruz
`Daniel C. Kiang
`KNOBBE, MARTENS, OLSON, & BEAR, LLP
`2bcc@knobbe.com
`2cmp@knobbe.com
`2dck@knobbe.com
`
`3
`
`
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