`Trials@uspto.gov Paper: 71
`Tel: 571-272-7822 Entered: July 23, 2018
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`JIAWEI TECHNOLOGY (HK) LTD., JIAWEI TECHNOLOGY (USA) LTD.,
`SHENZHEN JIAWEI PHOTOVOLTAIC LIGHTING CO., LTD., ATICO
`INTERNATIONAL (ASIA) LTD., ATICO INTERNATIONAL USA, INC.,
`CHIEN LUEN INDUSTRIES CO., LTD., INC. (CHIEN LUEN FLORIDA),
`CHIEN LUEN INDUSTRIES CO., LTD., INC. (CHIEN LUEN CHINA),
`COLEMAN CABLE, LLC, NATURE’S MARK, RITE AID CORP., SMART
`SOLAR, INC., AND TEST RITE PRODUCTS CORP.,
`Petitioner,
`v.
`SIMON NICHOLAS RICHMOND,
`Patent Owner.
`_______________
`
`Case IPR2014-00935
`Patent 8,089,370 B2
`_______________
`
`
`Before WILLIAM V. SAINDON Administrative Patent Judge.
`
`
`
`
`
`DECISION
`Granting Petitioner’s Renewed Motion to Expunge
`37 C.F.R. § 42.56
`
`
`
`
`
`
`
`
`IPR2014-00935
`Patent 8,089,370 B2
`
`
`A Final Written Decision in this proceeding was issued on December
`21, 2015. Paper 65. On January 29, 2016, Petitioner filed a Motion to
`Expunge certain materials filed under seal. Paper 66. The panel denied that
`Motion as untimely because the time for appeal had yet to expire. Paper 67.
`The panel instructed Petitioner to request to file a Renewed Motion to
`Expunge upon expiration of the time frame for appeal. Id. Petitioner attests
`that the time frame for appeal has expired,1 and filed a Renewed Motion to
`Expunge Confidential Exhibits on July 18, 2018. Paper 70. Upon review,
`Petitioner’s Motion is now granted.
`Petitioner moves to expunge Exhibits 1027, 1030, 1040, 1051, 1052,
`1053, and 1055 (“Subject Exhibits”). Paper 70, 2. Petitioner identifies the
`sensitive and financial nature of the contents of the Subject Exhibits, which
`we addressed previously in our Final Written Decision (Paper 65). Id. at 4–
`5. In our Final Written Decision, the panel granted Petitioner’s Motion to
`Seal the Subject Exhibits. Paper 65, 7–10. As we stated then:
`The redacted versions of these documents,
`upon which we relied in our denial of Patent
`Owner’s Motion
`to Terminate
`(Paper 52),
`sufficiently disclose the basis for our decision, so
`there is little public interest in making the non-
`redacted versions publicly available. Accordingly,
`Petitioner has shown good cause for sealing
`Exhibits 1027 and 1040, and portions of Exhibits
`
`1 Petitioner attests that Patent Owner appealed to the Federal Circuit, and the
`Federal Circuit affirmed the PTAB’s ruling entering a mandate and a final
`order denying Patent Owner’s motion to recall the mandate. Petitioner
`further attests that, on January 25, 2018, Patent Owner filed a petition for
`writ of certiorari to the Supreme Court, the petition was denied on June 18,
`2018, and the time period (25 days) to file a rehearing regarding the denial
`has elapsed. Paper 70, 2–3.
`
` 2
`
`
`
`
`
`
`
`IPR2014-00935
`Patent 8,089,370 B2
`
`
`1030, 1051–1053, and 1055.
`
`Id.
`
`Our consideration of the Subject Exhibits was not necessary for the
`panel’s determination of whether the challenged claims of the challenged
`patent were shown to be unpatentable, but rather only to our determination
`of whether Petitioner had properly identified all real parties in interest.
`Further, as we stated in our Final Written Decision (Paper 65), the panel’s
`analysis of the real party in interest issue was resolvable based on the
`redacted versions of the Subject Exhibits. Accordingly, the public interest in
`having a complete record is satisfied sufficiently without disclosure of the
`Subject Exhibits. In view of this and the sensitive and financial nature of the
`Subject Exhibits, Petitioner has established good cause for expunging the
`Subject Exhibits.
`
`
`ORDER
`
`
`
`It is hereby:
`ORDERED that Petitioner’s Renewed Motion to Expunge
`Confidential Information (Paper 70) is granted;
`FURTHER ORDERED that all non-public versions of Exhibits 1027,
`1030, 1040, 1051, 1052, 1053, and 1055 are to be expunged from the record;
`and
`
`FURTHER ORDERED that any public version of the Subject
`Exhibits will remain in the record.
`
` 3
`
`
`
`
`
`
`
`IPR2014-00935
`Patent 8,089,370 B2
`
`
`PETITIONER:
`
`Mark Nelson
`Mark.nelson@dentons.com
`
`Daniel Valenzuela
`Daniel.valenzuela@dentons.com
`
`Lissi Mojica
`Lissi.mojica@dentons.com
`
`Kevin Greenleaf
`Kevin.greenleaf@dentons.com
`
`PATENT OWNER:
`
`Theodore Shiells
`tfshiells@shiellslaw.com
`
`Marcus Benavides
`marcusb@tlpmb.com
`
` 4
`
`
`
`
`
`
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