`Trials@uspto.gov
`571-272-7822 Entered: July 26, 2019
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AMERIGEN PHARMACEUTICALS LIMITED and
`ARGENTUM PHARMACEUTICALS LLC,
`Petitioner,
`
`v.
`JANSSEN ONCOLOGY, INC.,
`Patent Owner.
`____________
`
`Case IPR2016-002861
`Patent 8,822,438 B2
`____________
`
`
`Before JEFFREY N. FREDMAN, KRISTINA M. KALAN and
`JACQUELINE T. HARLOW, Administrative Patent Judges.
`
`KALAN, Administrative Patent Judge.
`
`
`DECISION
`Granting Patent Owner’s Motion to Expunge
`37 C.F.R. §§ 42.14, 42.56
`
`
`1 Case IPR2016-01317 has been joined with this proceeding.
`
`
`
`
`
`
`IPR2016-00286
`Patent 8,822,438 B2
`
`
`Pursuant to 37 C.F.R. § 42.56, Janssen Oncology, Inc. (“Patent
`Owner”) moves to expunge Exhibits 2038, 2044, 2092, 2093, 2094, and
`2118. Paper 94, 1 (“Motion”). Patent Owner attests Petitioner does not
`oppose the Motion. Id. at 1. For the reasons set forth below, we grant
`Patent Owner’s Motion.
`A strong public policy exists for making information filed in an inter
`partes review publicly available. 37 C.F.R. § 42.14; see also Office Patent
`Trial Practice Guide, 77 Fed. Reg. 48756, 48760–61 (Aug. 14, 2012). The
`public’s interest in maintaining a complete and understandable file history is
`balanced with the party’s interest in protecting its truly sensitive,
`confidential information. 77 Fed. Reg. at 48760–61. Because sealed
`information ordinarily becomes publicly available after final judgment, a
`party wishing to preserve its confidentiality may file a motion to expunge
`the information from the record. Id.; 37 C.F.R. § 42.56.
`We previously determined good cause existed to seal Exhibits 2038,
`2044, 2092, 2093, 2094, and 2118, because they contain non-public research
`summaries, non-public research and development information, and
`testimony that relies on those documents. Paper 89, 2. As we stated in our
`Order granting Patent Owner’s Motion to Seal, it was not necessary to
`identify, nor discuss in detail, any confidential information in rendering our
`Final Decision. Id. at 3. As such, expunging these exhibits would not
`hinder the public’s ability to understand the Final Decision or the trial at
`large. We therefore agree with Patent Owner that the public’s interest in
`being able to access this information does not outweigh Patent Owner’s need
`to protect its confidential information.
`
`
`
`2
`
`
`
`IPR2016-00286
`Patent 8,822,438 B2
`
`
`Accordingly, we grant Patent Owner’s request to expunge Exhibits
`2038, 2044, 2092, 2093, 2094, and 2118.
`
`It is:
`ORDERED that Patent Owner’s Motion to Expunge is granted, and
`Exhibits 2038, 2044, 2092, 2093, 2094, and 2118 are expunged.
`
`
`
`
`
`
`
`
`3
`
`
`
`IPR2016-00286
`Patent 8,822,438 B2
`
`
`FOR PETITIONER:
`
`William Hare
`bill@miplaw.com
`
`Gabriela Materassi
`materassi@miplaw.com
`
`Teresa Rea
`trea@crowell.com
`
`Shannon Lentz
`slentz@crowell.com
`
`FOR PATENT OWNER:
`
`Dianne Elderkin
`delderkin@akingump.com
`
`Barbara Mullin
`bmullin@akingump.com
`
`Ruben Munoz
`rmunoz@akingump.com
`
`
`
`
`4
`
`
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