`Trials@uspto.gov
`571-272-7822
`
`
`
`Paper 71
`Date: July 6, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`RTI SURGICAL, INC.,
`Petitioner,
`
`v.
`
`LIFENET HEALTH,
`Patent Owner.
`____________
`
`IPR2019-00569 (Patent 6,458,158 B1)
`IPR2019-00570 (Patent 8,182,532 B2)1
`____________
`
`
`
`Before GEORGE R. HOSKINS, TIMOTHY J. GOODSON, and
`CHRISTOPHER C. KENNEDY, Administrative Patent Judges.
`
`GOODSON, Administrative Patent Judge.
`
`
`ORDER
`Granting Petitioner’s Motion to Seal Exhibit 1046
`Granting Patent Owner’s Motion to Seal Exhibit 2094
`37 C.F.R. §§ 42.14 and 42.54
`
`
`
`
`1 This order is being filed in each proceeding listed in the caption. The
`parties may use this style caption only if the paper includes a statement
`certifying that the identical paper is being filed in each proceeding listed in
`the caption.
`
`
`
`
`
`IPR2019-00569 (Patent 6,458,158 B1)
`IPR2019-00570 (Patent 8,182,532 B2)
`
`
`In both of the above-captioned proceedings, Petitioner has filed a
`Motion to Seal Exhibit 1046. See ’569 IPR, Paper 63 (“Pet. Mot.”);
`’570 IPR, Paper 60. In addition, in both proceedings, Patent Owner has filed
`a Motion to Seal Exhibit 2094. See ’569 IPR, Paper 69 (“PO Mot.”);
`’570 IPR, Paper 67. Because the motions indicate that word-for-word
`identical papers were filed in the two subject proceedings, we cite only to
`the record of the ’569 IPR.
`Petitioner’s Motion to Seal Exhibit 1046
`A.
`Petitioner’s Motion requests that we seal Exhibit 1046, which is the
`transcript of a conference call between the Board and counsel for the parties
`discussing the parameters of the deposition of John Bianchi. Pet. Mot. 1.
`Petitioner asserts that “the transcript contains confidential, personal
`information pertaining to third party Mr. Bianchi.” Id. Petitioner has filed a
`redacted, non-confidential version of the transcript as Exhibit 1047. We are
`satisfied that the redactions are tailored to protect information that can
`reasonably be regarded as personal and confidential to Mr. Bianchi.
`Accordingly, we determine that good cause exists for granting Petitioner’s
`Motion.
`
`Patent Owner’s Motion to Seal Exhibit 2094
`B.
`Patent Owner’s Motion requests that we seal Exhibit 2094, which is
`the collection of demonstratives it prepared for the hearing in these
`proceedings. PO Mot. 1. Slide 151 of those demonstratives includes sales
`information that was sealed by a previous order in these proceedings. Id. In
`Exhibit 2095, Patent Owner has filed a redacted, non-confidential version of
`its demonstratives in which only slide 151 is redacted. We determine that
`good cause exists for granting Patent Owner’s Motion.
`
`2
`
`
`
`IPR2019-00569 (Patent 6,458,158 B1)
`IPR2019-00570 (Patent 8,182,532 B2)
`
`
`C. Order
`In consideration of the foregoing, it is hereby:
`ORDERED that Petitioner’s Motion to Seal Exhibit 1046 (’569 IPR,
`Paper 63; ’570 IPR, Paper 60) is granted;
`FURTHER ORDERED that Patent Owner’s Motion to Seal Exhibit
`2094 (’569 IPR, Paper 69; ’570 IPR, Paper 67) is granted;
`FURTHER ORDERED that Exhibits 1046 and 2094 shall remain
`sealed and designated as “Board and Parties Only” until further notice.
`
`
`
`
`
`3
`
`
`
`IPR2019-00569 (Patent 6,458,158 B1)
`IPR2019-00570 (Patent 8,182,532 B2)
`
`PETITIONER:
`
`Herbert D. Hart III
`David D. Headrick
`Gregory C. Schodde
`Scott P. McBride
`MCANDREWS, HELD & MALLOY, LTD.
`hhart@mcandrews-ip.com
`dheadrick@mcandrews-ip.com
`gschodde@mcandrews-ip.com
`smcbride@mcandrews-ip.com
`
`
`PATENT OWNER:
`
`Michael H. Jacobs
`Deborah H. Yellin
`CROWELL & MORING LLP
`mjacobs@crowell.com
`dyellin@crowell.com
`
`4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
