`571-272-7822
`
` Paper 83
` Entered: December 19, 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 IPR2015-01097 (Patent 8,754,131 B2)1
`Case IPR2015-01100 (Patent 8,927,606 B1)2
` Case IPR2015-01105 (Patent 8,871,813 B2)3
`____________
`
`Before FRANCISCO C. PRATS, ERICA A. FRANKLIN, and
`GRACE KARAFFA OBERMANN, Administrative Patent Judge.
`
`FRANKLIN, Administrative Patent Judge.
`
`DECISION4
`Granting Patent Owner’s Renewed Motion to Expunge Exhibit 1181
`37 C.F.R. § 42.56
`
`1 Case IPR2016-00089 has been joined with this proceeding.
`2 Case IPR2016-00091 has been joined with this proceeding.
`3 Case IPR2016-00090 has been joined with this proceeding.
`4 This Decision relates to and shall be filed in each referenced case.
`
`
`
`IPR2015-01097 (Patent 8,754,131 B2)
`IPR2015-01100 (Patent 8,927,606 B1)
`IPR2015-01105 (Patent 8,871,813 B2)
`
`
`
`Previously, we denied Patent Owner’s Motion to Expunge, Paper 77,
`
`with respect to sealed Exhibit 1181, in consideration of Petitioner Lupin’s
`
`opposition to that motion. Paper 81. 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 71. In denying Patent Owner’s Motion
`
`to Expunge Exhibit 1181, we ordered the sealed status of the exhibit to be
`
`preserved pending appeal.5 Paper 81. 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 Lupin does not
`
`oppose the Renewed Motion and explaining that no appeal will be taken, as
`
`the parties have settled the cases. Paper 82, 2–3. Further, Patent Owner
`
`confirms that Exhibit 1181 was not referred to in the Board’s Final Decision
`
`for any of the captioned proceedings. 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 each proceeding.
`
`Based upon our consideration of those facts, we are satisfied that good
`
`cause exists to expunge sealed Exhibit 1181.
`
`
`
` 5
`
` A Final Written Decision was entered by the Board in each of the
`captioned proceedings on September 12, 2016. Paper 70. 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
`
`
`
`IPR2015-01097 (Patent 8,754,131 B2)
`IPR2015-01100 (Patent 8,927,606 B1)
`IPR2015-01105 (Patent 8,871,813 B2)
`
`
`Accordingly, it is
`
`ORDERED that Patent Owner’s Renewed Motion to Expunge
`
`3
`
`Exhibit 1181 is granted.
`
`
`
`PETITIONERS:
`
`Deborah Yellin
`dyellin@crowell.com
`
`Jonathan Lindsay
`jlindsay@crowell.com
`
`Teresa Rea
`trea@corwell.com
`
`Jitendra Malik
`Jitty.malik@alston.com
`
`Bryan Skelton
`Bryan.skelton@alston.com
`
`Lance Soderstrom
`Lance.soderstrom@alston.com
`
`Hidetada James Abe
`James.abe@alston.com
`
`Joseph Janusz
`Joe.janusz@alston.com
`
`Shannon Lentz
`slentz@crowell.com
`
`
`
`
`
`
`
`IPR2015-01097 (Patent 8,754,131 B2)
`IPR2015-01100 (Patent 8,927,606 B1)
`IPR2015-01105 (Patent 8,871,813 B2)
`
`PATENT OWNER:
`
`Bryan Diner
`Bryan.diner@finnegan.com
`
`Justin Hasford
`Justin.hasford@finnegan.com
`
`Joshua Goldberg
`Joshua.goldberg@finnegan.com
`
`4
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