`Trials@uspto.gov
`571-272-7822
`
`
`
`Paper: 53
`Date: May 24, 2021
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`INTUITIVE SURGICAL, INC.,
`Petitioner,
`v.
`ETHICON LLC,
`Patent Owner.
`
`IPR2019-00991
`Patent 8,602,287 B2
`
`
`Before JOSIAH C. COCKS, ZHENYU YANG, and
`JOHN E. SCHNEIDER, Administrative Patent Judges.
`
`YANG, Administrative Patent Judge.
`
`ORDER
`Granting Patent Owner’s
`Motion to Unseal
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`
`IPR2019-00991
`Patent 8,602,287 B2
`Patent Owner filed a Motion to Unseal Portions of the Confidential
`Final Written Decision (Paper 43) and Confidential Exhibits 2003, 2004,
`and 2014. Paper 52 (“Mot.”). Patent Owner’s Motion is granted.
`Previously, we granted the parties’ motions to seal certain papers and
`exhibits, including Exhibits. 2003, 2004, and 2014. Paper 48, 43–45;
`Paper 49. We also issued a confidential version and a redacted public
`version of the Final Written Decision. Papers 43, 48.
`Patent Owner filed a Notice of Appeal, seeking appellate review of
`the Final Written Decision. Paper 50. Thus, jurisdiction over this proceeding
`has been transferred to the appellate court. Loshbough v. Allen,
`359 F.2d 910, 912 (CCPA 1966). Nonetheless, we may “exercise a purely
`ministerial function in [our] administrative capacity.” Id. Unsealing certain
`confidential information is such a purely ministerial function.
`In its Motion, Patent Owner states that upon further review, it has
`determined that certain materials that it previously designated as confidential
`are no longer confidential. Mot. 1. Patent Owner attaches as Exhibits A, B,
`C, and D to the Motion, respectively, proposed new public versions of the
`Final Written Decision and Confidential Exhibits 2003, 2004, and 2014.
`Our rules “aim to strike a balance between the public’s interest in
`maintaining a complete and understandable file history and the parties’
`interest in protecting truly sensitive information.” Consolidated Patent Trial
`Practice Guide 19. Because, as Patent Owner correctly argues, “the public
`has an interest in less confidentiality designations” (Mot. 1), we grant Patent
`Owner’s Motion to Unseal.
`
`
`
`2
`
`
`
`IPR2019-00991
`Patent 8,602,287 B2
`
`ORDER
`
`Accordingly, it is
`ORDERED that Patent Owner’s Motion to Unseal Portions of the
`Confidential Final Written Decision (Paper 43) and Confidential
`Exhibits 2003, 2004, and 2014 is granted; and
`FURTHER ORDERED that Patent Owner shall file separately the
`new public version of the Final Written Decision as a paper and the new
`public version of Confidential Exhibits 2003, 2004, and 2014 as exhibits.
`
`3
`
`
`
`IPR2019-00991
`Patent 8,602,287 B2
`FOR PETITIONER:
`Steven Katz
`John Phillips
`Ryan O’Connor
`FISH & RICHARDSON P.C.
`katz@fr.com
`phillips@fr.com
`oconnor@fr.com
`
`FOR PATENT OWNER:
`Anish Desai
`Elizabeth Weiswasser
`Adrian Percer
`Christopher Marando
`Christopher Pepe
`Brian Ferguson
`WEIL, GOTSHAL, & MANGES LLP
`anish.desai@weil.com
`Elizabeth.weiswasser@weil.com
`Adrian.percer@weil.com
`Christopher.marando@weil.com
`Christopher.pepe@weil.com
`brian.ferguson@weil.com
`
`
`4
`
`
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