ARTICLE · 08 APRIL 2016

PTAB Disinclined To Tailor Protective Orders Or Interfere With Protective Orders Issued In Parallel Proceedings

McDermott Will & Emery

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In ASML, the patent owner sought to revise the Board's default protective order to submit documents containing third-party confidential information that the patent owner obtained in a parallel proceeding.

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ASML Neth. B.V. v. Energetiq Tech., Inc.

In a pair of orders addressing confidential information acquired in parallel proceedings, the Patent Trial and Appeal Board (PTAB or Board) denied (1) a request to modify the Board's default protective order to protect third-party confidential information, and (2) a request for additional discovery to allow the patent owner to submit petitioner's confidential information subject to a district court protective order. ASML Neth. B.V. v. Energetiq Tech., Inc., IPR Nos. IPR2015-01277; -01279; -01300; -01303; -01377; -01362; -01368; -01375 (PTAB, Feb. 16, 2016) (Parvis, APJ); Meyer Prods., LLC v. Douglas Dynamics, LLC, IPR No. 2015-01247 (PTAB, Feb. 16, 2012) (Worth, APJ).

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