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ARTICLE · 23 JULY 2013

Confidential Documents? PTAB Takes A Hard Line

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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The PTAB recently dismissed Petitioner CRS’s motion to file information regarding Frontline’s license agreement under seal, criticizing the parties’ agreement that the Board adopt a protective order from a co-pending litigation.

United StatesIntellectual Property
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Jeffrey Totten
Jeffrey Totten
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Taking a hard line on protective-order issues, the PTAB recently dismissed Petitioner CRS's motion to file information regarding Frontline's license agreement under seal, criticizing the parties' agreement that the Board adopt a protective order from a co-pending litigation. CRS Advanced Tech., Inc., v. Frontline Tech., Inc., CBM2012-00005 (SCM), Paper 43 (May 28, 2013) . Before the Board, a party may file a motion to seal accompanied by a proposed protective order, such as the default order in the Patent Trial Practice Guide. CRS shows that the Board may find protective orders from co-pending litigation lacking, even if agreed to by the parties.

Because the Board enforces protective orders it enters, it must understand and agree with their terms. But CRS's motion provided "no explanation of the contents of the proposed protective order, or how the proposed protective order complies with the Office Patent Trial Practice Guide." The Board found that on "cursory

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