In its Order, the Board authorized Patent Owner, PPC, to file a motion to seal along with a proposed protective order before the filing of its patent owner response. As the Board noted, a protective order is a requirement when filing a motion to seal, and that any deviations from the default standing protective order must be indicated by red-line. 37 C.F.R. § 42.54.
The Board also reminded the parties that information in the proceeding subject to a protective order will become public if identified in a final written decision. To protect the confidentiality of information at the conclusion of the proceeding, a motion to expunge will be necessary but “will not prevail necessarily over the public interest in maintaining a complete and understandable file history.”
Corning Gilbert Inc. v. PPC Broadband, Inc., IPR2013-00347
Paper 27: Order Conduct of the Proceeding
Dated: March 25, 2014
Patent 8,287,320
Before: Jameson Lee, Josiah C. Cocks, and Michael R. Zecher
Written by: Cocks