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Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
`
`ASKELADDEN LLC,
`Petitioner,
`
`v.
`
`SEAN I. MCGHIE and BRIAN BUCHHEIT,
`Patent Owner.
`____________
`
`Cases IPR2015-00122 (Patent 8,523,063)
`IPR2015-00123 (Patent 8,523,063)
`IPR2015-00124 (Patent 8,540,152)
`IPR2015-00125 (Patent 8,540,152)
`IPR2015-00133 (Patent 8,297,502)
`IPR2015-00137 (Patent 8,297,502)1
`____________
`
`Before SALLY C. MEDLEY, JONI Y. CHANG, and
`GEORGIANNA W. BRADEN, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`DECISION
`Petitioner Motions to Seal
`37 C.F.R. §§ 42.14 and 42.71(b)
`
`
`1 This order addresses issues that are the same in the identified cases. We
`exercise our discretion to issue one order to be filed in each case. The
`parties are not authorized to use this style heading.
`
` Paper 52
`
`
` Entered: February 29, 2016
`
`
`
`
`
`
`

`
`IPR2015-00122 (Patent 8,523,063)
`IPR2015-00123 (Patent 8,523,063)
`IPR2015-00124 (Patent 8,540,152)
`
`
`IPR2015-00125 (Patent 8,540,152)
`IPR2015-00133 (Patent 8,297,502)
`IPR2015-00137 (Patent 8,297,502)
`
`Petitioner and Patent Owner filed several papers (e.g., Papers 18, 45,
`48, and 51) 2 and exhibits (e.g., Exhibit 1531 and 1533) under seal, along
`with Petitioner’s Motions to Seal (Papers 19, 22, and 50) and a protective
`order (Paper 20) in the above identified proceedings. The motions are
`unopposed and are granted.
`There is an expectation that information will be made public where
`the information is identified in a Final Written Decision, and that
`confidential information that is subject to a protective order ordinarily would
`become public 45 days after final judgment in a trial, unless a motion to
`expunge is granted. 37 C.F.R. § 42.56; Office Patent Trial Practice Guide,
`77 Fed. Reg. 48,756, 48,761 (Aug. 14, 2012). The information sealed in
`these proceedings relate to real party-in-interest issues that have been
`resolved. We will not rely on any of the sealed documents in connection
`with a Final Written Decision.
`In view of the foregoing, the motions to seal in the above identified
`proceedings are granted and all confidential documents filed in the instant
`proceedings will remain under seal. The record for the instant proceedings
`will be preserved in their entirety, and the confidential documents will not be
`expunged or made public. Notwithstanding 37 C.F.R. § 42.56 and the
`Office Patent Trial Practice Guide, neither a motion to expunge confidential
`documents nor a motion to maintain these documents under seal is necessary
`or authorized. See 37 C.F.R. § 42.5(b).
`
`
`
`
`2 Citations are to IPR2015-00122.
`
`2
`
`

`
`IPR2015-00122 (Patent 8,523,063)
`IPR2015-00123 (Patent 8,523,063)
`IPR2015-00124 (Patent 8,540,152)
`
`
`IPR2015-00125 (Patent 8,540,152)
`IPR2015-00133 (Patent 8,297,502)
`IPR2015-00137 (Patent 8,297,502)
`
`Order
`
`It is
`ORDERED that Petitioner’s Motions to Seal in the above identified
`proceedings are granted.
`
`PETITIONER:
`
`Robert H. Fischer
`Frank A. DeLucia
`Stephen Yam
`AskeladdenIPR@fchs.com
`
`Justin Oliver
`joliver@fchs.com
`
`PATENT OWNER:
`
`Brian K. Buchheit
`bbuchheit@gmail.com
`
`
`
`
`
`3

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