In the Order, the Board requested additional briefing on what information should be protected under seal. Petitioner and Patent Owner continued to dispute over what could be redacted in certain confidential documents when submitting them into the record. The Parties agreed to submit two “non-public” versions, i.e. a redacted version and a non-redacted version. In the redacted documents, the non-redacted portion would constitute information that the Patent Owner “needs” to make its case. Petitioner wanted both versions to remain under seal and intended to file a motion to expunge both versions at the end of the trial, except any version that the Board relied upon in a final written decision.
Confidential information subject to a protective order ordinarily will become public 45 days after the Board issues a final written decision in a trial. See Rules of Practice for Trials, 77 Fed. Reg. 48,612, 48,623 (Aug. 14, 2012). Under 37 C.F.R. § 42.56, a party may file a motion to expunge confidential information within 45 days of the Board issuing a final written decision. Documents expunged will not be available for appeal. Thus, the Board will take into consideration when deciding a motion to expunge confidential information, or at any time during a trial, what information, in addition to what was explicitly relied upon in the final written decision, should be made public for reasons of public interest in maintaining a complete and understandable record. Accordingly, anything submitted under seal may be made public by the Board.
Corning Gilbert Inc. v. PPC Broadband, Inc., IPR2013-00340
Paper 40: Order on Conduct of the Proceeding
Dated: April 15, 2014
Before: Jameson Lee, Josiah C. Cocks, and Michael R. Zecher
Written by: Zecher