throbber
Trials@uspto.gov
`571-272-7822
`
`
` Paper 90
`Entered: July 30, 2019
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MYLAN PHARMACEUTICALS INC., ACTAVIS LABORATORIES FL,
`INC., AMNEAL PHARMACEUTICALS LLC, AMNEAL
`PHARMACEUTICALS OF NEW YORK, LLC, DR. REDDY’S
`LABORATORIES, INC., DR. REDDY’S LABORATORIES, LTD.,
`SUN PHARMACEUTICALS INDUSTRIES, LTD.,
`SUN PHARMACEUTICALS INDUSTRIES, INC.,
`TEVA PHARMACEUTICALS USA, INC., WEST-WARD
`PHARMACEUTICAL CORP., and HIKMA PHARMACEUTICALS, LLC,
`Petitioner,
`
`v.
`
`JANSSEN ONCOLOGY, INC.,
`Patent Owner.
`____________
`
`Case IPR2016-013321
`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 IPR2017-00853 has been joined with this proceeding.
`
`
`
`
`

`

`IPR2016-01332
`Patent 8,822,438 B2
`
`
`Pursuant to 37 C.F.R. § 42.56, Janssen Oncology, Inc. (“Patent
`Owner”) moves to expunge Exhibits 1134, 1143, 2044, 2092, 2093,
`and 2118. Paper 89, 1 (“Motion”). Patent Owner attests Petitioner does not
`oppose the Motion. Id. 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 1134,
`1143, 2044, 2092, 2093, and 2118 because they contain confidential
`information. Paper 84, 47. We stated, “[i]n rendering this Final Written
`Decision, it was not necessary to identify, nor discuss in detail, any
`confidential information.” Id. 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.
`Accordingly, we grant Patent Owner’s request to expunge
`Exhibits 1134, 1143, 2044, 2092, 2093, and 2118.
`
`
`
`
`2
`
`

`

`IPR2016-01332
`Patent 8,822,438 B2
`
`
`It is:
`ORDERED that Patent Owner’s Motion to Expunge is granted, and
`Exhibits 1134, 1143, 2044, 2092, 2093, and 2118 are expunged.
`
`
`
`
`
`3
`
`

`

`IPR2016-01332
`Patent 8,822,438 B2
`
`
`FOR PETITIONER:
`
`Brandon White
`Crystal Canterbury
`PERKINS COIE LLP
`BMWhite@perkinscoie.com
`CCanterbury@perkinscoie.com
`
`FOR PATENT OWNER:
`
`Dianne Elderkin
`Barbara Mullin
`Ruben Munoz
`AKIN GUMP STRUSS HAUER & FELD LLP
`delderkin@akingump.com
`bmullin@akingump.com
`rmunoz@akingmp.cm
`
`
`
`
`
`
`
`
`
`4
`
`

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