`571-272-7822
`
`
`
`
`
` Paper 147
`Date: May 4, 2021
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`RPX CORPORATION,
`Petitioner,
`v.
`APPLICATIONS IN INTERNET TIME, LLC,
`Patent Owner.
`____________
`IPR2015-01750 (Patent 8,484,111 B2)
`IPR2015-01751 (Patent 7,356,482 B2)
`IPR2015-01752 (Patent 7,356,482 B2)
`____________
`
`
`
`
`Before SCOTT R. BOALICK, Chief Administrative Patent Judge,
`JACQUELINE WRIGHT BONILLA, Deputy Chief Administrative Patent Judge,
`and SCOTT C. WEIDENFELLER, Vice Chief Administrative Patent Judge.
`
`WEIDENFELLER, Vice Chief Administrative Patent Judge
`
`
`
`ORDER
`Regarding Confidential Information Subject to Protective Order
`37 C.F.R. § 42.541
`
`INTRODUCTION
`
`I.
`
`
`1 This decision pertains to Cases IPR2015-01750, IPR2015-01751, and IPR2015-
`01752. Citations are to the paper numbers in Case IPR2015-01750.
`
`
`
`IPR2015-01750 (Patent 8,484,111 B2)
`IPR2015-01751, IPR2015-01752 (Patent 7,356,482 B2)
`
`
`On May 3, 2021, the panel held a conference call with the parties to discuss
`Petitioner’s request regarding the destruction of confidential information produced
`under the Protective Order in these proceedings, Ex. 3001. Petitioner argues that
`such information should be destroyed, consistent with paragraph (i) of the Board’s
`Protective Order Guidelines set forth in the Consolidated Trial Practice Guide:
`Disposal of Confidential Information. Within 60 days after final
`termination of a proceeding, including any appeals, or within 60 days
`after the time for appeal has expired, each party shall assemble all
`copies of all confidential information it has received, including
`confidential information provided to its representatives and experts,
`and shall return or destroy the confidential information and provide a
`certification of destruction to the party who produced the confidential
`information.
`Consolidated Trial Practice Guide 115 (Nov. 2019) (“TPG”), available at
`https://www.uspto.gov/TrialPracticeGuideConsolidated.
`The parties agreed to abide by this guideline, but they could not reach
`agreement concerning the timing for action to be taken with respect to the
`confidential information at issue in these IPRs. Petitioner argues that the deadline
`for disposing of confidential information was March 30, 2021, 60 days after the
`time for appeal of the rehearing decision expired. Patent Owner argues that there
`is no such deadline, as the Protective Order in these proceedings (unlike the
`Default Protective Order in the TPG) does not include a provision requiring such
`disposal. See Ex. 3001. Patent Owner is correct that there is no deadline expressly
`designated in the Protective Order in these proceedings, but we do not think delay
`is warranted in disposing of the confidential information, especially in light of the
`guidance presented in the TPG, as noted above. Accordingly, we order the parties
`
`
`
`2
`
`
`
`IPR2015-01750 (Patent 8,484,111 B2)
`IPR2015-01751, IPR2015-01752 (Patent 7,356,482 B2)
`
`to destroy the confidential information of the other party on or before May 7,
`2021.2
`Petitioner also notes that the parties have access to such confidential
`information maintained in Board systems. Petitioner therefore also asks us to order
`the parties not to access such information. We agree, and we therefore order the
`parties not to access confidential information maintained in Board systems after
`May 7, 2021.
`
`II. ORDER
`
`It is hereby
`ORDERED that on or before May 7, 2021, each party shall assemble all
`copies of all confidential information it has received, including confidential
`information provided to its representatives and experts, and shall destroy the
`confidential information and provide a certification of destruction to the party who
`produced the confidential information; and
`FURTHER ORDERED that neither party shall access confidential
`information of the other party maintained in the Board’s systems.
`
`
`
`
`
`
`
`2 Petitioner has represented that it will retain copies of its own confidential
`information that may be subject to a subpoena in a related matter.
`3
`
`
`
`
`
`IPR2015-01750 (Patent 8,484,111 B2)
`IPR2015-01751, IPR2015-01752 (Patent 7,356,482 B2)
`
`
`
`
`For PETITIONER:
`
`Richard Giunta
`Randy Pritzker
`Elisabeth Hunt
`Michael Rader
`WOLF, GREENFIELD & SACKS, P.C.
`rgiunta-ptab@wolfgreenfield.com
`rpritzker-ptab@wolfgreenfield.com
`ehunt-ptab@wolfgreenfield.com
`mrader-ptab@wolfgreenfield.com
`
`For PATENT OWNER:
`
`Steve Sereboff
`Jonathan Pearce
`SOCAL IP LAW GROUP LLP
`ssereboff@socalip.com
`jpearce@socalip.com
`
`Andrea Pacelli
`Robert Whitman
`KING & WOOD MALLESONS
`andrea.pacelli@us.kwm.com
`robert.whitman@us.kwm.com
`
`
`
`
`4
`
`
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