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ARTICLE · 26 JUNE 2020

PTAB Sets Forth Procedure For Confidential Oral Hearings

The Patent Trial and Appeal Board (PTAB) designated as informative a decision explaining the procedure for holding oral arguments where confidential information will be discussed.

United StatesIntellectual Property

The Patent Trial and Appeal Board (PTAB) designated as informative a decision explaining the procedure for holding oral arguments where confidential information will be discussed. Curt G. Joa, Inc. v. Fameccanica.Data S.P.A., Case No. 2016IPR-00906 (PTAB June 20, 2017) (Chagnon, APJ).

Joa filed a petition for inter partes review against a patent owned by Fameccanica. Prior to oral argument, Fameccanica filed a motion indicating that it intended to discuss confidential information during the hearing and requesting that the PTAB close a portion of the hearing to the public.

The PTAB granted Fameccanica's motion subject to certain conditions. The PTAB stated that each side would be allocated no more than 15 minutes of argument relating to confidential information in a session closed to the public. The parties would proceed with their presentations during the closed session in the same order as their presentations in the open session. The PTAB noted that if a party

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