`Tel: 571-272-7822
`
`Paper 27
`Entered: September 15, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`WALGREEN CO., AHOLD USA, INC., DELHAIZE AMERICA, LLC,
`AND PUBLIX SUPER MARKETS, INC.,
`Petitioner,
`
`v.
`
`ADVANCED MARKETING SYSTEMS, LLC,
`Patent Owner.
`
`Cases CBM2016-00012
`CBM2016-00013
`CBM2016-00014
`CBM2016-00015
`Patents 8,219,445 B2
`8,370,199 B2
`8,538,805 B2
`
`Before THOMAS L. GIANNETTI, TREVOR M. JEFFERSON, and
`MITCHELL G. WEATHERLY, Administrative Patent Judges.
`
`WEATHERLY, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R § 42.5
`
`On September 14, 2016, pursuant to Petitioner’s request, we
`conducted a telephone conference to determine whether to authorize
`
`
`
`
`
`
`
`
`
`
`
`CBM2016-00012, -00013, -00014, and -00015
`Patent 8,219,445 B2; 8,370,199 B2; and 8,538,805 B2
`
`Petitioner to file a motion for a protective order in these proceedings. In
`advance of the conference, counsel provided us with a copy of the protective
`order entered in the Eastern District of Texas in parallel district court
`litigation. Attorneys Palys, Modi, Citroën, Weeks, and Jagtiani and Judges
`Giannetti, Jefferson, and Weatherly attended the conference. A court
`reporter also attended the conference.
`The protective order proposed by Petitioner would bar certain
`attorneys who represent Patent Owner in the related litigation in the U.S.
`District Court for the Eastern District of Texas from directly or indirectly
`participating in these proceedings. Petitioner suggested that such
`participation has occurred, despite entry of a protective order barring such
`activities in the related litigation. All parties represented that no party
`currently contemplates relying upon confidential information to make its
`case in these proceedings. Thus, no party urges us to enter a protective order
`to protect confidential information in these proceedings.
`Seeing no reason to enter a protective order in these proceedings to
`address matters that are already the subject of an order in the related
`litigation, we denied Petitioner’s request for authorization to move for entry
`of a protective order in these proceedings. Accordingly, it is:
`ORDERED that Petitioner’s request for authorization to move for
`entry of a protective order is denied; and
`FURTHER ORDERED that the party that requested the court reporter
`is directed to file a copy of the transcript as an exhibit as soon as practicable.
`
`2
`
`
`
`CBM2016-00012, -00013, -00014, and -00015
`Patent 8,219,445 B2; 8,370,199 B2; and 8,538,805 B2
`
`PETITIONER:
`
`Joseph E. Palys
`Naveen Modi
`Phillip Citroën
`PAUL HASTINGS LLP
`AMS-Walgreens-PH@paulhastings.com
`
`Holly Hawkins Saporito
`Joshua Weeks
`ALSTON & BIRD LLP
`holly.saporito@alston.com
`joshua.weeks@alston.com
`
`PATENT OWNER:
`
`Michael A. Messina
`Ajay A. Jagtiani
`Mae Hong
`MILES & STOCKBRIDGE P.C.
`mamessina@milesstockbridge.com
`ajagtiani@milesstockbridge.com
`mhong@milesstockbridge.com
`
`3
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