`571-272-7822
`
`
`
`
`
` Paper 101
` Entered: October 5, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`INNOPHARMA LICENSING, INC., INNOPHARMA LICENSING LLC,
`INNOPHARMA INC., INNOPHARMA LLC,
`MYLAN PHARMACEUTICALS INC., and MYLAN INC.,
`LUPIN LTD., and LUPIN PHARMACEUTICALS, INC.,
`Petitioners,
`
`v.
`
`SENJU PHARMACEUTICAL CO., LTD., BAUSCH & LOMB, INC., and
`BAUSCH & LOMB PHARMA HOLDINGS CORP.,
`Patent Owner.
`_______________
`Case IPR2015-00902 (Patent 8,669,290 B2)
`Case IPR2015-00903 (Patent 8,129,431 B2)1
`_______________
`
`Before FRANCISCO C. PRATS, ERICA A. FRANKLIN, and
`GRACE KARAFFA OBERMANN, Administrative Patent Judges.
`
`OBERMANN, Administrative Patent Judge.
`
`ORDER
`Granting Patent Owner’s Motions to Expunge
`37 C.F.R. §§ 42.5(a); 42.56
`
`
`1 IPR2015-01871 has been joined with IPR2015-00903. This Order
`addresses issues common to both cases identified in the caption.
`
`
`
`
`IPR2015-00902 (Patent 8,669,290 B2)
`IPR2015-00903 (Patent 8,129,431 B2)
`
`
`A Final Written Decision was entered in each proceeding on July 28,
`2016. Papers 90, 82.2 On September 21, 2016, in each proceeding, Patent
`Owner filed a Motion to Expunge. Papers 106, 97. This Order addresses
`those Motions.
`Patent Owner seeks to expunge documents that reflect confidential
`information and were filed under seal in IPR2015-00902: Papers 33, 34, and
`91; and Exhibits 1082, 1081, 1079, 1150, 2082, 2096, 2102, 2103, 2110,
`2116, 2130, 2249-54, 2258-2263, and 2273. Paper 106, 2.
`Patent Owner also seeks to expunge documents that reflect
`confidential information and were filed under seal in IPR2015-00903:
`Papers 33 and 34; and Exhibits 1079, 1081, 1082, 1150, 2096, 2102, 2103,
`2110, 2116, 2130 and 2273. Paper 97, 2.
`Patent Owner indicates that Petitioners do not oppose the Motions to
`Expunge. Paper 106, 6; Paper 97, 6. Patent Owner establishes that the
`Motions to Expunge will not remove from the public record any information
`cited by the Board in the Final Written Decisions. Paper 106, 4–6; Paper 97,
`4–6 (seeking to expunge only those documents that were “not referred to in
`the Board’s Final Written Decision[s]” or confidential versions of
`documents having corresponding public versions that remain of record and
`leave unredacted all information cited in a Final Written Decision).
`Under the circumstances, we are persuaded that granting Patent
`Owner’s unopposed Motions to Expunge strikes a reasonable balance
`between the need to maintain the confidential nature of sealed information
`and the public interest in maintaining a complete and understandable public
`
`
`2 We sequentially refer to papers filed in IPR2015-00902 and IPR2015-
`00903.
`
`
`
`2
`
`
`
`IPR2015-00902 (Patent 8,669,290 B2)
`IPR2015-00903 (Patent 8,129,431 B2)
`
`file history of the patents at issue. Paper 106, 6; Paper 97, 6. The redacted,
`public versions of documents will remain in the record.
`
`It is
`ORDERED that Patent Owner’s Motions to Expunge (Papers 106, 97)
`are granted;
`FURTHER ORDERED that the confidential versions of the following
`documents filed under seal in IPR2015-00902 shall be expunged: Papers 33,
`34, and 91; and Exhibits 1082, 1081, 1079, 1150, 2082, 2096, 2102, 2103,
`2110, 2116, 2130, 2249-54, 2258-2263, and 2273; and
`FURTHER ORDERED that the confidential versions of the following
`documents filed under seal in IPR2015-00903 shall be expunged: Papers 33
`and 34; and Exhibits 1079, 1081, 1082, 1150, 2096, 2102, 2103, 2110, 2116,
`2130 and 2273.
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`IPR2015-00902 (Patent 8,669,290 B2)
`IPR2015-00903 (Patent 8,129,431 B2)
`
`PETITIONERS:
`
`Jitendra Malik, Ph.D.
`Lance Soderstrom
`James Abe
`Joseph Janusz
`ALSTON & BIRD LLP
`jitty.malik@alston.com
`lance.soderstrom@alston.com
`james.abe@alston.com
`joe.janusz@alston.com
`
`Deborah Yellin
`Jonathan Lindsay
`Shannon Lentz
`CROWELL & MORING LLP
`dyellin@crowell.com
`jLindsay@Crowell.com
`SLentz@Crowell.com
`
`PATENT OWNER:
`
`Bryan C. Diner
`Justin J. Hasford
`Joshua Goldberg
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`Bryan.Diner@finnegan.com
`Justin.Hasford@finnegan.com
`joshua.goldberg@finnegan.com
`
`
`
`
`4
`
`
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