`571-272-7822
`
`
`
` Paper 80
` Entered: October 26, 2016
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`LUPIN LTD., LUPIN PHARMACEUTICALS INC., INNOPHARMA
`LICENSING, INC., INNOPHARMA LICENSING LLC, INNOPHARMA
`INC., INNOPHARMA LLC, MYLAN PHARMACEUTICALS INC., and
`MYLAN INC.,
`
`Petitioners,
`
`v.
`
`SENJU PHARMACEUTICAL CO., LTD.,
`
`Patent Owner.
`________________
`
`Case IPR2015-011001
`Patent 8,927,606 B1
`________________
`
`
`Before FRANCISCO C. PRATS, ERICA A. FRANKLIN, and
`GRACE KARAFFA OBERMANN, Administrative Patent Judges.
`
`FRANKLIN, Administrative Patent Judge.
`
`DECISION
`Granting Petitioners’ Motion to Expunge
`37 C.F.R. § 42.56
`
`
`
`1 IPR2016-00091 has been joined with this proceeding.
`
`
`
`IPR2015-01100
`Patent 8,927,606 B1
`
`
`On October 17, 2016, Petitioners 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 76.
`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 71. Additionally, we granted Petitioners’ Motion to Seal
`Exhibits 2109 and 2082. Paper 72. On September 12, 2016, a Final Written
`Decision was entered by the Board. Paper 70. Accordingly, in this
`proceeding, all documents filed subject to a protective order would normally
`be made public 45 days from that date.
`Petitioners affirm that Exhibit 2109 is not cited or discussed in the
`Board’s Final Decision. Id. at 4. Regarding Exhibit 2082, Petitioners
`
`2
`
`
`
`
`
`IPR2015-01100
`Patent 8,927,606 B1
`
`affirms that the Final Decision does not cite or rely on the portions of the
`exhibit containing Petitioners’ confidential information, i.e., paragraphs 204
`and 238. Id. at 5. On October 17, 2016, Petitioners filed a redacted copy of
`Exhibit 2082 that will remain in the record if the sealed version of the
`exhibit is expunged. Id. Thus, Petitioners assert 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, Petitioners’ request to expunge
`the sealed confidential information is granted.
`Accordingly, it is
`ORDERED that Petitioners’ 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. 2
`
`
`
`
`
`
`
`2 There currently are multiple versions of Exhibit 2082 on file, including
`multiple revised versions.
`
`3
`
`
`
`
`
`IPR2015-01100
`Patent 8,927,606 B1
`
`PETITIONER:
`Deborah Yellin
`Jonathan Lindsay
`Teresa Rea
`Shannon Lentz
`CROWELL & MORING LLP
`DYellin@crowell.com
`JLindsay@crowell.com
`trea@crowell.com
`slentz@crowell.com
`
`Jitendra Malik
`Bryan Skelton
`Lance Soderstrom
`Hidetada James Abe
`Joseph Janusz
`ALSTON & BIRD LLP
`jitty.malik@alston.com
`bryan.skelton@alston.com
`lance.soderstrom@alston.com
`james.abe@alston.com
`joe.janusz@alston.com
`
`
`
`PATENT OWNER:
`Bryan Diner
`Justin 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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