By Ben Snitkoff
As discussed in Part 1, unlike in reexaminations, in an inter partes review, a protective order is available to parties seeking to keep their confidential information sealed from public view.
Despite the availability and relative ease of putting a protective order in place, relatively few parties have chosen to do so. In seventy-seven of the inter partes reviews instituted since the beginning of 2013 to date (based on petitions filed between September and December 2012) the parties have moved to seal documents in only six cases. Regardless, the parties to a proceeding should agree to a protective order early-on, so that an agreed-to protective order will be available if and when it is needed.