`Tel: 571-272-7822
`
`Paper 70
`Entered: August 15, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`UNDER ARMOUR, INC.,
`Petitioner,
`
`v.
`
`ADIDAS AG,
`Patent Owner.
`
`
`Case IPR2015-00698
`Patent 8,092,345 B2
`
`
`
`
`
`
`
`Before JENNIFER S. BISK, MICHAEL J. FITZPATRICK, and
`JUSTIN BUSCH, Administrative Patent Judges.
`
`BUSCH, Administrative Patent Judge.
`
`
`
`DECISION
`Granting Petitioner’s Motion to Expunge
` 37 C.F.R. § 42.5
`
`
`
`Case IPR2015-00698
`Patent 8,092,345 B2
`
`On June 22, 2016, Petitioner, Under Armour, Inc., filed a Motion to
`Expunge Confidential Information from the Record. Paper 69. Specifically,
`Petitioner requests expungement of the documents provisionally filed under
`seal (i.e., Exhibits 2025, 2026, 2027, 2028, 2029, and 2040; the non-public
`versions of Exhibits 1011, 1014, and 2039; and Papers 27, 42, 44, 45, 51, 54,
`56, 57, and 62) and Paper 581 (collectively, the “Confidential Documents”).
`Patent Owner did not file an opposition.
`Sealed information ordinarily becomes publicly available after final
`judgment. See Office Patent Trial Practice Guide, 77 Fed. Reg. 48756,
`48761 (Aug. 14, 2012). The expectation of sealed information becoming
`public generally applies, however, “where the existence of the information is
`referred to in a decision to grant or deny a request to institute a review or is
`identified in a final written decision following a trial.” Id. A party may file
`a motion to expunge confidential information from the record, however, if
`wishing to preserve its confidentiality. 37 C.F.R. § 42.56.
`On May 5, 2016, the parties filed a Joint Motion to Terminate
`Proceedings, which included a settlement agreement as an exhibit. Paper 66;
`Ex. 2046. In light of the parties’ settlement, we entered an order terminating
`the proceeding on May 9, 2016. Paper 67. We did not enter a Final Written
`Decision nor did we rely on any information in the Confidential Documents
`to dispose of any issues in this proceeding. Based on the record before us,
`the need to protect the Confidential Documents outweighs the public interest
`
`
`1 Paper 58, identified as a corrected version of Paper 45, was filed by Patent
`Owner as a publicly accessible document. See Paper 58. In the instant
`motion, Petitioner asserts the only change in Paper 58 was to provide
`observation numbers missing in Paper 45. Mot. 4–5.
`
`2
`
`
`
`Case IPR2015-00698
`Patent 8,092,345 B2
`
`in unsealing the Confidential Documents. Accordingly, it is appropriate to
`expunge the Confidential Documents from the record. 37 C.F.R. § 42.5.
`
`
`In consideration of the foregoing, it is:
`ORDERED that the non-public versions of Exhibits 1011, 1014, and
`2039 be expunged from the record;
`FURTHER ORDERED that Exhibits 2025, 2026, 2027, 2028, 2029,
`and 2040 be expunged from the record; and
`FURTHER ORDERED that Papers 27, 42, 44, 45, 51, 54, 56, 57, 58,
`and 62 be expunged from the record.
`
`For PETITIONER:
`
`Brian Ferguson
`Anish Desai
`WEIL GOTSHAL & MANGES LLP
`
`brian.ferguson@weil.com
`anish.desai@weil.com
`
`For PATENT OWNER:
`
`Mitchell Stockwell
`Wab Kadaba
`Jonathan Olinger
`KILPATRICK TOWNSEND & STOCKTON LLP
`
`mstockwell@kilpatricktownsend.com
`wkadaba@kilpatricktownsend.com
`jolinger@kilpatricktownsend.com
`
`3
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