`571-272-7822
`
`
`
`
`
` Paper 102
` 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 Petitioner InnoPharma’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,
`
`Petitioner InnoPharma filed a Motion to Expunge. Papers 104, 96. This
`
`Order addresses those Motions.
`
`Petitioner InnoPharma seeks to expunge Exhibit 2109 and the
`
`confidential version of Exhibit 2082 filed under seal in each proceeding.
`
`Paper 104, 1; Paper 96, 1. We previously sealed Exhibit 2109 in its entirety
`
`without requiring a public, redacted version of the document. Paper 100, 2–
`
`3; Paper 92, 2–3. The record includes a redacted, public version of
`
`Exhibit 2082.
`
`Petitioner InnoPharma states that Patent Owner does not oppose the
`
`Motions to Expunge. Paper 104, 1; Paper 96, 1. Petitioner InnoPharma also
`
`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 104, 4; Paper 96, 4.
`
`Under the circumstances, we are persuaded that granting Petitioner
`
`InnoPharma’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
`
`file history of the patents at issue. Paper 104, 3–4; Paper 96, 3–4.
`
`Accordingly, we grant Petitioner InnoPharma’s Motions to Expunge. As
`
`previously explained, the redacted, public version of Exhibit 2082 will
`
`remain in the record. Paper 104, 4; Paper 96, 4 (indicating that neither
`
`
`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)
`
`exhibit sought to be expunged will result in removal from the record of any
`
`information cited or relied upon in a Final Written Decision).
`
`
`
`It is
`
`ORDERED that Petitioner InnoPharma’s Motions to Expunge (Papers
`
`104, 96) are granted;
`
`FURTHER ORDERED that Exhibit 2109 and the confidential version
`
`of Exhibit 2082 shall be expunged in each proceeding.
`
`.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`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
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
