`571-272-7822
`
`
`
`Paper 79
` Entered: October 26, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`LUPIN LTD. and LUPIN PHARMACEUTICALS INC.,
`
`Petitioner,
`v.
`SENJU PHARMACEUTICAL CO., LTD.,
`Patent Owner.
`____________
`
`Case IPR2015-01099
`Patent 8,669,290 B2
`____________
`Before FRANCISCO C. PRATS, ERICA A. FRANKLIN, and
`GRACE KARAFFA OBERMANN, Administrative Patent Judge.
`
`FRANKLIN, Administrative Patent Judge.
`
`DECISION
`Granting Petitioner’s Motion to Expunge
`37 C.F.R. § 42.56
`
`
`
`
`IPR2015-01099
`Patent 8,669,290 B2
`
`
`On October 17, 2016, Petitioner filed a motion to expunge the sealed
`versions of Exhibit 2109 (an Abbreviated New Drug Application by Lupin)
`and Exhibit 2082 (declaration of Robert O. Williams, III., Ph.D.). Paper 75.
`Petitioner states that “Patent Owner does not oppose this motion.” Id. at 1.
`The Rules of Practice for Trial before the Patent Trial and Appeal
`Board provide that:
`Confidential information that is subject to a protective order
`ordinarily will become public 45 days after denial of a petition to
`institute a trial or 45 days after final judgment in a trial. There is
`an expectation that information will be made public 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. A party seeking to maintain the
`confidentiality of information, however, may file a motion to
`expunge the information from the record prior to the information
`becoming public.
`
`77 Fed. Reg. No. 157, Part V at Section I.E.6. (Aug. 14, 2012); see also
`37 C.F.R. § 42.56 (“After denial of a petition to institute a trial or after final
`judgment in a trial, a party may file a motion to expunge confidential
`information from the record.”).
`The Board’s Default Protective Order has been entered in this
`proceeding. Paper 70. Additionally, we granted Petitioner’s Motion to Seal
`Exhibits 2109 and 2082. Id. On September 12, 2016, a Final Written
`Decision was entered by the Board. Paper 69. Accordingly, in this
`proceeding, all documents filed subject to a protective order would normally
`be made public 45 days from that date.
`Petitioner affirms that Exhibit 2109 is not cited or discussed in the
`Board’s Final Decision. Id. at 4–5. Regarding Exhibit 2082, Petitioner
`affirms that the Final Decision does not cite or rely on the portions of the
`
`
`
`2
`
`
`
`IPR2015-01099
`Patent 8,669,290 B2
`
`exhibit containing Petitioner’s confidential information, i.e., paragraphs 201
`and 234. Id. at 5. On October 17, 2016, Petitioner filed a redacted copy of
`Exhibit 2082 that will remain in the record if the sealed version of the
`exhibit is expunged. Id. Thus, Petitioner asserts that expunging the sealed
`exhibits will not impede public understanding of the underlying arguments
`and evidence relied upon by the Board in the Final Decision. Id.
`Based upon our consideration of those facts, and the arguments
`presented in Petitioner’s unopposed motion, Petitioner’s request to expunge
`the sealed confidential information is granted.
`Accordingly, it is
`ORDERED that Petitioner’s Motion to Expunge is granted;
`FURTHER ORDERED that Exhibit 2109 shall be expunged from the
`record; and
`FURTHER ORDERED that all versions of Exhibit 2082, except for
`the redacted Exhibit 2082 filed on October 17, 2016, shall be expunged from
`the record. 1
`
`
`
`
`
` 1
`
` There are currently multiple versions of Exhibit 2082 on file, including
`multiple revised versions.
`
`
`
`3
`
`
`
`IPR2015-01099
`Patent 8,669,290 B2
`
`PETITIONER:
`Deborah H. Yellin
`Jonathan Lindsay
`Teresa Rea
`Shannon Lentz
`CROWELL & MORING LLP
`DYellin@crowell.com
`JLindsay@crowell.com
`trea@crowell.com
`slentz@crowell.com
`
`PATENT OWNER:
`Bryan C. Diner
`Joshua L. Goldberg
`Justin J. Hasford
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`bryan.diner@finnegan.com
`joshua.goldberg@finnegan.com
`justin.hasford@finnegan.com
`
`
`
`
`4
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