`571-272-7822
`
`
`
`Paper 82
` Entered: December 19, 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 Patent Owner’s Renewed Motion to Expunge Exhibit 1181
`37 C.F.R. § 42.56
`
`
`
`
`
`
`IPR2015-01099
`Patent 8,669,290 B2
`
`
`Previously, we denied Patent Owner’s Motion to Expunge, Paper 78,
`
`with respect to sealed Exhibit 1181, in consideration of Petitioner’s
`
`opposition to that motion. Paper 82. Exhibit 1181 is a transcript of the
`
`cross-examination of expert witness Mr. Ivan T. Hofmann that was filed
`
`subject to a protective order. Paper 72. In denying Patent Owner’s Motion
`
`to Expunge Exhibit 1181, we ordered the sealed status of the exhibit to be
`
`preserved pending appeal.1 Paper 82. Additionally, we authorized Patent
`
`Owner to renew its request to expunge Exhibit 1181 if no appeal is taken, or
`
`if an appeal is taken, after the final disposition of such appeal. Id.
`
`Accordingly, Patent Owner files its Renewed Motion to Expunge
`
`Exhibit 1181 (“Renewed Motion”) affirming that Petitioner does not oppose
`
`the Renewed Motion and explaining that no appeal will be taken, as the
`
`parties have settled the cases. Paper 83, 2–3. Further, Patent Owner
`
`confirms that Exhibit 1181 was not referred to in the Board’s Final Decision.
`
`Id. Thus, expunging Exhibit 1181 to preserve the sensitive and confidential
`
`material contained therein will not deny the public from having access to all
`
`the materials relevant to the merits of this proceeding.
`
`Based upon our consideration of those facts, we are satisfied that good
`
`cause exists to expunge sealed Exhibit 1181.
`
`
`
` 1
`
` A Final Written Decision was entered by the Board in each of the
`captioned proceedings on September 12, 2016. Paper 71. Documents filed
`subject to a protective order would normally be made public 45 days from
`that date. 77 Fed. Reg. No. 157, Part V at Section I.E.6. (Aug. 14, 2012)
`
`
`
`2
`
`
`
`IPR2015-01099
`Patent 8,669,290 B2
`
`
`Accordingly, it is
`
`ORDERED that Patent Owner’s Renewed Motion to Expunge
`
`Exhibit 1181 is granted.
`
`
`
`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
`
`
`
`
`3
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