`571-272-7822
`
`Paper No. 16
`
` Entered: October 6, 2015
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TIFFANY AND COMPANY,
`Petitioner,
`
`v.
`
`LAZARE KAPLAN INTERNATIONAL, INC.,
`Patent Owner.
`____________
`
`Case IPR2015-00024
`Patent 6,476,351 B1
`____________
`
`
`
`Before MICHAEL P. TIERNEY, MICHELLE R. OSINSKI, and
`JEFFREY W. ABRAHAM, Administrative Patent Judges.
`
`ABRAHAM, Administrative Patent Judge.
`
`
`
`
`DECISION
`Conduct of the Proceeding and
`Motion for Entry of Protective Order
`37 C.F.R. §§ 42.5, 42.54
`
`
`
`
`
`
`
`
`
`IPR2015-00024
`Patent 6,476,351 B1
`
`
`A conference call in the above proceeding was held on October 5,
`
`2015, among respective counsel for Petitioner and Patent Owner, and Judges
`
`Tierney, Osinski, and Abraham. The purpose of the call was to discuss
`
`certain discovery issues as well as the pending Motion for Entry of
`
`Protective Order. Paper 13.
`
`Petitioner requested the call to address, inter alia, Patent Owner’s
`
`treatment of certain exhibits containing allegedly confidential information.
`
`This allegedly confidential information relates to a third party, the
`
`Gemological Institute of America (“G.I.A.”). Petitioner stated that Patent
`
`Owner did not provide copies of Exhibits 2008 and 2023 to Petitioner
`
`because these exhibits contain G.I.A. confidential information. Petitioner
`
`also sought clarification regarding whether Petitioner is prohibited from
`
`discussing G.I.A. confidential information with G.I.A.
`
`On August 5, 2015, Patent Owner filed a motion requesting, inter
`
`alia, entry of the Board’s default Protective Order as set forth in Appendix B
`
`of the Office Trial Practice Guide. Id. Patent Owner entered a copy of the
`
`proposed Protective Order as an exhibit to the motion, and does not seek any
`
`changes to the Board’s default Protective Order. Id. at Ex. A. Petitioner
`
`indicated during the conference call that it does not oppose entry of the
`
`default protective order in these proceedings, and agreed to be bound by the
`
`terms set forth therein.
`
`We grant Patent Owner’s request for entry of the Board’s default
`
`protective order. Accordingly, we order Patent Owner to provide Petitioner
`
`with copies of Exhibits 2008 and 2023, which, pending our decision on
`
`Patent Owner’s Motion to Seal (Paper 13, filed August 5, 2015), shall be
`
`treated as confidential under the terms of the Protective Order.
`
`
`
`2
`
`
`
`IPR2015-00024
`Patent 6,476,351 B1
`
`
`The Board’s default Protective Order does not prohibit Petitioner from
`
`discussing G.I.A.’s confidential information with persons at G.I.A. who
`
`previously had access to that information. During the conference call, Patent
`
`Owner agreed that the Protective Order contained no such prohibition.
`
`Petitioner is expected to use reasonable efforts to maintain the
`
`confidentiality of G.I.A.’s information.
`
`During the call, Petitioner also indicated that the parties were unable
`
`to agree on deposition dates for certain individuals, and, as a result of the
`
`alleged delay, Petitioner requested an extension to the due date for filing a
`
`reply to Patent Owner’s response. After some discussion, the parties agreed
`
`to work out a mutually-agreeable deposition schedule, and, if necessary, a
`
`reasonable extension of the due date for Petitioner’s reply to Patent Owner’s
`
`response. In furtherance of this agreement, the parties are required to submit
`
`to the Board a schedule for the depositions and, if necessary, a stipulation to
`
`amend the scheduling order containting the new due date for Petitioner’s
`
`reply. The parties shall file the documents no later than Friday October 9,
`
`2015.
`
`For the reasons given, it is hereby
`
`ORDER
`
`ORDERED that Patent Owner’s Motion for Entry of Protective Order
`
`is granted;
`
`FURTHER ORDERED that Patent Owner shall provide Petitioner
`
`with copies of Exhibits 2008 and 2023; and
`
`FURTHER ORDERED that the parties will submit a deposition
`
`schedule and, if necessary, a stipulation to amend the scheduling order as set
`
`forth above, no later than Friday October 9, 2015.
`
`
`
`3
`
`
`
`IPR2015-00024
`Patent 6,476,351 B1
`
`
`
`PETITIONER:
`
`P. Weston Musselman, Jr.
`Adam Shartzer
`Fish & Richardson P.C.
`musselman@fr.com
`shartzer@fr.com
`IPR29266-0014IP1@fr.com
`
`
`PATENT OWNER:
`
`Mehran Arjomand
`Fahd Hussein Patel
`Morrison & Foerster LLP
`marjomand@mofo.com
`fpatel@mofo.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
