Take Care When Modifying The PTAB's Default Protective Order

After an initial denial, the PTAB recently granted Unified Patents' motions for entry of protective order and for seal in Unified Patents, LLC v. Electronics and Telecommunications Research Institute, IPR2020-01048, Paper 33 (PTAB May 29, 2021) because the motions adequately persuaded the PTAB about the nature of the alleged confidential information to be sealed, and the measures did not impose restrictions on employees and representatives of the PTO.

Generally, a party "may file a motion to seal where the motion to seal contains a proposed protective order, such as the default protective order set forth in the Office Patent Trial Practice Guide." 37 C.F.R. § 42.54(a). The PTAB may enter a protective order to protect a party or person from disclosing confidential information upon a showing of "good cause." Id.; see also Garmin Int'l, Inc. v. Cuozzo Speed Techs. LLC, IPR2012-00001, Paper 34 (PTAB Mar. 14, 2013). A protective order entered by the Board may