Protective Orders During PTAB Trial Proceedings Other Than Those Filed With a Petition¹

By Robert Mihail of Neifeld IP Law, PC²

The Board’s public policy is to make available the record of a proceeding, except as otherwise ordered. ³ Nevertheless, the statute⁴ provides and the rules⁵ have implemented a mechanism to seal information in PTAB proceedings. The protection of confidential information during a PTAB trial proceeding is governed in part by 37 CFR 42.54 which closely follows Federal Rule of Civil Procedure 26(c)(1). The rule is broad, allowing the Board control over the scope, method and terms of the exchange of confidential information. When a party seeks to limit or preclude public disclosure of confidential information, the party may submit a motion to seal along with a protective order.⁶ A document filed with a motion to seal is treated as sealed until the motion is decided.⁷ The standard for granting a motion to seal is good cau...