`Tel: 571-272-7822
`
`
`
`
`
`Paper 73
`Entered: April 15, 2016
`
`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 IPR2014-00938
`Patent 7,429,827 B2
`_______________
`
`
`Before WILLIAM V. SAINDON, JUSTIN T. ARBES, and
`BARRY L. GROSSMAN, Administrative Patent Judges.
`
`SAINDON, Administrative Patent Judge.
`
`DECISION
`Granting Petitioner’s Renewed Motion to Expunge
`37 C.F.R. § 42.56
`
`
`
`A Final Written Decision in this proceeding was issued on December
`15, 2015. Paper 69. Petitioner filed a Motion to Expunge certain materials
`
`
`
`
`
`IPR2014-00938
`Patent 7,429,827 B2
`
`filed under seal on January 29, 2016. Paper 70. We denied that motion as
`untimely because the time for appeal had yet to expire. Paper 71. We
`instructed Petitioner to request to file a Renewed Motion to Expunge upon
`expiration of the time frame for appeal. Id. The time for appeal expired on
`February 16, 2016. On April 12, 2016, Petitioner requested authorization to
`file its renewed motion via email, which we granted via email. Petitioner
`filed its Renewed Motion to Expunge on April 13, 2016 (Paper 72, “Mot.”).
`Petitioner indicated by email that Patent Owner does not oppose Petitioner’s
`request. We now grant the Motion.
`Petitioner moves to expunge Exhibits 1016, 1019, 1029, 1040–42, and
`1044 (the “Subject Exhibits”). Mot. 1. Petitioner identifies the sensitive
`nature of the contents of the Subject Exhibits, which we addressed
`previously in our Final Written Decision. Id. at 3–4. In our Final Written
`Decision, we granted Petitioner’s Motion to Seal the Subject Exhibits. Paper
`69, 5–6. As we stated then:
`The [Subject] Exhibits generally relate to an
`internal corporate resolution, listings of financial
`account numbers, and invoices for attorney fees.
`See [Paper 43] 3–4. The redacted versions of these
`documents, upon which we relied in our denial of
`Patent Owner’s Motion to Terminate (Paper 57),
`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 1016 and 1029, and portions of Exhibits
`1019, 1040–42, and 1044.
`Id. Our consideration of the Subject Exhibits was not necessary for our
`determination of whether the challenged claims of the ’827 patent were
`patentable, but rather only to our determination of whether Petitioner had
`
` 2
`
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`
`
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`
`
`IPR2014-00938
`Patent 7,429,827 B2
`
`properly identified all real parties in interest. Further, as we state in our
`Final Written Decision, our analysis of the real party in interest issue was
`resolvable based on the non-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 documents, Petitioner has
`established good cause for expunging the Subject Exhibits. Any public
`version of the Subject Exhibits will remain in the record.
`ORDER
`
`
`
`It is hereby:
`ORDERED that Petitioner’s Renewed Motion to Expunge
`Confidential Information is granted; and
`FURTHER ORDERED that all non-public versions of Exhibits 1016,
`1019, 1029, 1040, 1041, 1042, and 1044 are to be expunged from the record.
`
` 3
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`
`
`
`
`
`
`IPR2014-00938
`Patent 7,429,827 B2
`
`
`PETITIONER:
`
`Mark Nelson
`Daniel Valenzuela
`Lissi Mojica
`Kevin Greenleaf
`Dentons US LLP
`
`Mark.nelson@dentons.com
`Daniel.valenzuela@dentons.com
`Lissi.mojica@dentons.com
`Kevin.greenleaf@dentons.com
`iptdocketchi@dentons.com
`
`PATENT OWNER:
`
`Theodore Shiells
`Marcus Benavides
`SHIELLS LAW FIRM, P.C.
`
`tfshiells@shiellslaw.com
`marcusb@tlpmb.com
`admin@shiellslaw.com
`
` 4
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