`Tel: 571-272-7822
`
`Paper 76
`Entered: January 26, 2017
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`CAPTIONCALL, L.L.C.,
`Petitioner,
`
`v.
`
`ULTRATEC, INC.,
`Patent Owner.
`____________
`
`Cases
`IPR2015-01355 (Patent 5,974,116)
`IPR2015-01357 (Patent 6,934,366)
`IPR2015-01358 (Patent 7,006,604)
`IPR2015-01359 (Patent 6,493,337)
`
`
`
`Before WILLIAM V. SAINDON, BARBARA A. BENOIT, and
`LYNNE E. PETTIGREW, Administrative Patent Judges.
`
`SAINDON, Administrative Patent Judge.
`
`
`
`ORDER
`Preserving Record for Appeal
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`IPR2015-01355 (Patent 5,974,116)
`IPR2015-01357 (Patent 6,934,366)
`IPR2015-01358 (Patent 7,006,604)
`IPR2015-01359 (Patent 6,493,337)
`
`
`Sealed information will ordinary become public 45 days after final
`judgment in a trial unless a motion to expunge is filed. 37 C.F.R. § 42.56;
`77 Fed. Reg. 48,756, 48,761 (Aug. 14, 2012) (Office Patent Trial Practice
`Guide). The time for filing a notice of appeal with the Director of the
`United States Patent and Trademark Office is no later than 63 days after the
`date of the final Board decision. 37 C.F.R. § 90.3. A Final Written Decision
`in IPR2015-01358 was issued on December 9, 2016. Final Written
`Decisions in IPR2015-01355, -01357, and -01359 were issued on December
`14, 2016. In an email dated January 19, 2017, Patent Owner requested
`authorization to file a Motion to Preserve the Record in the above-identified
`cases. Patent Owner indicated that Petitioner would not oppose Patent
`Owner’s Motions. On January 20, 2017, Patent Owner filed an authorized
`Motion to Preserve the Record Pending Appeal in IPR2015-01358 (Paper
`76).
`
`ORDER
`In view of the foregoing, it is hereby:
`
`ORDERED that the records in IPR2015-01355, -01357, -01358, and -
`
`01359 will be preserved for appeal, and that sealed documents will remain
`under seal at least until at least 45 days after the expiration of any period for
`appeal or, if an appeal is taken, 45 days after the appeal process has
`concluded;
`
`FURTHER ORDERED that the parties are each authorized to file a
`Motion to Expunge Confidential Information after the expiration of any
`
` 2
`
`
`
`
`
`
`
`IPR2015-01355 (Patent 5,974,116)
`IPR2015-01357 (Patent 6,934,366)
`IPR2015-01358 (Patent 7,006,604)
`IPR2015-01359 (Patent 6,493,337)
`period for appeal or, if an appeal is taken, after the appeal process has
`concluded; and
`FURTHER ORDERED that Patent Owner’s Motion to Preserve the
`Record Pending Appeal in IPR2015-01358 is dismissed as moot.
`
`
`
`FOR PETITIONER:
`
`Ruben H. Munoz
`Daniel L. Moffett
`Michael P. Kahn
`AKIN GUMP STRAUSS HAUER & FELD LLP
`rmunoz@akingump.com
`dmoffett@akingump.com
`mkahn@akingump.com
`
`FOR PATENT OWNER:
`
`
`Michael Jaskolski
`Michael J. Curley
`Nikia L. Gray
`Stephen J. Gardner
`QUARLES & BRADY LLP
`michael.jaskolski@quarles.com
`michael.curley@quarles.com
`nikia.gray@quarles.com
`stephen.gardner@quarles.com
`
`
`
` 3
`
`
`
`
`
`
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