`Trials@uspto.gov
`571-272-7822
`
`
`Paper 7
`Date: March 30, 2023
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`UNIFIED PATENTS, LLC,
`Petitioner,
`
`v.
`
`DYNAPASS IP HOLDINGS LLC,
`Patent Owner.
`____________
`
`IPR2023-00425
`Patent 6,993,658 B1
`____________
`
`
`
`Before KEVIN F. TURNER, KRISTEN L. DROESCH, and
`LYNNE H. BROWNE, Administrative Patent Judges.
`
`BROWNE, Administrative Patent Judge.
`
`
`ORDER
`
`Granting Petitioner’s Request
`For Entry of Modified Protective Order
`37 C.F.R. §§ 42.14, 42.54
`
`
`
`
`
`
`
`IPR2023-00425
`Patent 6,993,658 B1
`
`
`I.
`INTRODUCTION
`On January 6, 2023, Petitioner filed a request for inter partes review
`of U.S. Patent No. 6,993,658. Paper 1 (“Petition” or “Pet.). With our prior
`authorization, Petitioner filed the instant Motion for Entry of a Modified
`Protective Order. Paper 6 (“Motion” or “Mot.”); see also Ex. 3001.
`Petitioner indicates that Patent Owner does not oppose this motion. Mot. 1.
`
`II. ANALYSIS
`Our rules provide for entry of a protective order when necessary to
`protect confidential information filed in a proceeding. See 37 C.F.R.
`§§ 42.14, 42.54.
`The Board may, for good cause, issue an order to protect a party or
`person from disclosing confidential information. 37 C.F.R. § 42.54(a). A
`protective order is not entered by default but must be proposed by one or
`more parties and must be approved and entered by the Board. Patent Trial
`and Appeal Board Consolidated Trial Practice Guide 19–20, 107 (Nov.
`2019), available at http://www.uspto.gov/ TrialPracticeGuideConsolidated
`(“Trial Practice Guide”). The Trial Practice Guide sets forth specific
`guidelines on proposing a protective order and provides a Default Protective
`Order. See Trial Practice Guide 19–20, 107– 22. The parties may propose
`modifications to the Default Protective Order, and the Board will generally
`accept such proposed changes if they are consistent with the integrity and
`efficient administration of the proceedings. Id. at 115. For example, the
`parties may agree to provide additional tiers or categories of confidential
`information, such as “Attorneys’ Eyes Only”; the Board will presumptively
`accept agreed-to changes that provide such additional categories of
`confidentiality as long as they are reasonable and adequately define what
`
`2
`
`
`
`IPR2023-00425
`Patent 6,993,658 B1
`
`types of materials are to be included in the additional categories. Id.
`at 115–16.
`We have reviewed Petitioner’s proposed modified protective order
`and determine that the proposed changes are consistent with the integrity and
`efficient administration of this proceeding in that it proposes an additional
`tier of confidential information. For the foregoing reasons, we grant the
`Motion.
`
`III. ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that the Motion granted.
`
`3
`
`
`
`IPR2023-00425
`Patent 6,993,658 B1
`
`PETITIONER:
`
`Jordan M. Rossen
`Ashraf Fawzy
`UNIFIED PATENTS, LLC
`jordan@unifiedpatents.com
`afawzy@unifiedpatents.com
`
`
`
`For PATENT OWNER:
`
`John Wittenzellner
`Todd E. Landis
`Michael J. Fagan, Jr.
`Mark McCarthy
`WILLIAMS SIMONS & LANDIS PLLC
`johnw@wsltrial.com
`tlandis@wsltrial.com
`mfagan@wsltrial.com
`mmccarthy@wsltrial.com
`
`4
`
`