`571-272-7822
`
`
` Paper No. 28
`
`Date Entered: December 29, 2016
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ELEKTA INC.
`Petitioner,
`
`v.
`
`VARIAN MEDICAL SYSTEMS, INC.
`Patent Owner.
`____________
`
`Case No. IPR2016-00476
`Patent 8,116,430
`____________
`
`
`ORDER
`Conduct of Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`Before BRIAN J. MCNAMARA, PATRICK M. BOUCHER, and
`GARTH D. BAER, Administrative Patent Judges.
`
`BAER, Administrative Patent Judge.
`
`
`
`
`Case IPR2016-00476
`Patent 8,116,430
`
`
`
`
`Petitioner Elekta Inc. and Patent Owner Varian Medical Systems, Inc.
`filed a Joint Motion for Entry of Protective Order, including the parties’
`proposed Standing Protective Order, attached as Exhibit 1, identifying
`deviations from the Board’s Default Protective Order. Paper 24. The Joint
`Motion notes Petitioner anticipates filing deposition testimony containing
`confidential information and the parties have agreed to treat designated
`portions of the deposition transcript in accordance with the terms of the
`Protective Order set forth at Exhibit 1. Id. The Motion is GRANTED.
`The parties are reminded that the record of proceedings before the
`Board are available to the public, except as ordered otherwise. 37 C.F.R.
`§ 42.14. Documents containing confidential information should be filed
`with a motion to seal. The Board’s standards for granting motions to seal
`are discussed in Garmin International v. Cuozzo Speed Technologies, LLC,
`IPR2012-00001 (Paper 34, March 14, 2013). In summary, there is a strong
`public policy for making all information filed in inter partes review
`proceedings open to the public. The standard for granting a motion to seal is
`“good cause.” 37 C.F.R. § 42.54. The moving party bears the burden of
`showing that the relief requested should be granted. 37 C.F.R. § 42.20(c).
`This includes showing that the information is truly confidential, and that
`such confidentiality outweighs the strong public interest in having an open
`record. Entry of a protective order does not guarantee that papers filed with
`a motion to seal will not eventually be made public, particularly if the Board
`relies on the information in a decision. A motion to seal is required to
`include a certification that the moving party has in good faith conferred, or
`attempted to confer, with the opposing party in an effort to come to an
`agreement on the scope of the protection sought. Garmin at 3.
`
`
`
`2
`
`
`
`Case IPR2016-00476
`Patent 8,116,430
`
`
`
`
`ORDER
`It is ORDERED that the Joint Motion for Entry of Protective Order
`(Paper 24) is GRANTED;
`FURTHER ORDERED that the parties proposed Standing Protective
`Order (Exhibit 1 attached to Paper 24) is hereby entered; and
`FURTHER ORDERED that this protective order shall govern the
`conduct of the proceeding unless otherwise modified.
`
`
`
`PETITIONER:
`
`Theresa M. Gillis
`Amanda K. Streff
`Erick J. Palmer
`tgillis@mayerbrown.com
`astreff@mayerbrown.com
`ejpalmer@mayerbrown.com
`ElektaIPR@mayerbrown.com
`
`PATENT OWNER:
`
`Heidi L. Keefe
`Daniel J. Knauss
`Scott A. Cole
`Reuben Chen
`hkeefe@cooley.com
`dknauss@cooley.com
`scole@cooley.com
`rchen@cooley.com
`Varian_PTAB_IPR@cooley.com
`
`
`
`
`3
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