Taking a hard line on protective-order issues, the PTAB recently dismissed Petitioner CRS’s motion to file information regarding Frontline’s license agreement under seal, criticizing the parties’ agreement that the Board adopt a protective order from a co-pending litigation. CRS Advanced Tech., Inc., v. Frontline Tech., Inc., CBM2012-00005 (SCM), Paper 43 (May 28, 2013) . Before the Board, a party may file a motion to seal accompanied by a proposed protective order, such as the default order in the Patent Trial Practice Guide. CRS shows that the Board may find protective orders from co-pending litigation lacking, even if agreed to by the parties.
