PTAB Grants Discovery of ITC Documents, PTAB Litigation Blog
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In Apple Inc. v. Masimo Corp., the PTAB granted Masimo, the owner of patent 10,687,745 (“the ’745 patent”), their request for production directed to “specific documents identified in regard to [a prior] ITC Investigation, including unredacted copies of three briefs, thirty-two exhibits, hearing testimony from five witnesses, and the ITC’s Final Initial Determination.” Apple Inc. v. Masimo Corp., IPR2022-01291, Paper 23 at 3 (PTAB Mar. 17, 2023). Additionally, the PTAB rejected Masimo’s request for production of exhibits or testimony “cited on certain pages redacted in the public versions of two briefs filed by Masimo in the ITC Investigation and in the ITC [Initial Determination].” Id. at 8.
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