Podcast: Play in new window | Download
Subscribe: Apple Podcasts | RSS
Question:
Where a petitioner files a motion to seal with the petition that seeks entry of a protective order other than the default protective order, a patent owner may only access the sealed confidential information prior to the institution of the trial by which options?
Answer:
Where a petitioner files a motion to seal with the petition that seeks entry of a protective order other than the default protective order, a patent owner may only access the sealed confidential information prior to the institution of the trial by:
- Agreeing to the terms of the protective order requested by the petitioner;
- Agreeing to the terms of a protective order that the parties file jointly; or
- Obtaining entry of a protective order (e.g., the default protective order).
Chapter Details:
This question comes from the following supplement “Patent Trial and Appeal Board Consolidated Trial Practice Guide November 2019”. This is a special supplement that at the time of this recording is currently being tested on the Patent Bar exam. Depending on future changes to the supplement and the MPEP, the question and answer may not be applicable.
Section Summary:
This question comes from the following supplement: “Patent Trial and Appeal Board Consolidated Trial Practice Guide November 2019”. The following is a brief summary of the appropriate section in the supplement.
E. Public Availability and Confidentiality
This section discusses public availability and confidentiality. Legal proceedings strive to balance public transparency with the protection of sensitive information.
Parties can file a motion to seal specific documents, which are then provisionally sealed pending Board approval. If the motion is not approved, the information can be expunged, and redaction of sensitive information is preferred over sealing entire documents.