Filed: November 28, 2017
`
`Filed on behalf of:
`
`Patent Owner LiquidPower Specialty Products Inc.
`
`By: Douglas W. McClellan, Reg. No. 41,183
`Weil, Gotshal & Manges LLP
`700 Louisiana, Suite 1700
`Houston, Texas 77002
`Tel: (713) 546-5000, Fax: (713) 224-9511
`doug.mcclellan@weil.com
`
`Elizabeth S. Weiswasser, Reg. No. 55,721
`Weil, Gotshal & Manges LLP
`767 Fifth Avenue
`New York, NY 10153
`Tel: (212) 310-8000, Fax: (212) 310-8007
`elizabeth.weiswasser@weil.com
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
`
`BAKER HUGHES INCORPORATED, a GE Company LLC
`Petitioner,
`
`v.
`
`LIQUIDPOWER SPECIALTY PRODUCTS INC.,
`Patent Owner.
`______________________
`
`Case IPR2016-01901
`U.S. Patent No. 8,450,249
`______________________
`
`PATENT OWNER’S MOTION TO EXPUNGE AND REFILE
`
`
`
`
`
`
`Filed on behalf of:
`
`Patent Owner LiquidPower Specialty Products Inc.
`
`By: Douglas W. McClellan, Reg. No. 41,183
`Weil, Gotshal & Manges LLP
`700 Louisiana, Suite 1700
`Houston, Texas 77002
`Tel: (713) 546-5000, Fax: (713) 224-9511
`doug.mcclellan@weil.com
`
`Elizabeth S. Weiswasser, Reg. No. 55,721
`Weil, Gotshal & Manges LLP
`767 Fifth Avenue
`New York, NY 10153
`Tel: (212) 310-8000, Fax: (212) 310-8007
`elizabeth.weiswasser@weil.com
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
`
`BAKER HUGHES INCORPORATED, a GE Company LLC
`Petitioner,
`
`v.
`
`LIQUIDPOWER SPECIALTY PRODUCTS INC.,
`Patent Owner.
`______________________
`
`Case IPR2016-01901
`U.S. Patent No. 8,450,249
`______________________
`
`PATENT OWNER’S MOTION TO EXPUNGE AND REFILE
`
`
`
`
`
`
`Case IPR2016-01901
`U.S. Patent No. 8,450,249
`
`I.
`
`Relief Requested
`Patent Owner respectfully requests that Paper 46 (the redacted, public version
`
`of Patent Owner’s Motion to Exclude) and Paper 49 (the redacted, public version of
`
`Patent Owner’s Motions for Observations) be expunged from the record and not be
`
`made public, and that Patent Owner be permitted to refile the further redacted, public
`
`versions of these two papers (submitted concurrently).
`
`Counsel for Petitioner emailed counsel for Patent Owner on November 14,
`
`2017 to request that the additional redactions referenced below be applied to these
`
`two papers. Counsel for Petitioner indicated that the portions of the papers that
`
`Petitioner seeks to have redacted contain Petitioner’s confidential information
`
`because they refer to information regarding the composition of Petitioner’s products.
`
`As Petitioner has requested that Patent Owner file the instant motion, Petitioner does
`
`not oppose the motion.
`
`Counsel for Patent Owner emailed the Board to seek authorization to file the
`
`instant motion on November 17, 2017. By email to the parties on November 21,
`
`2017, the Board authorized Patent Owner to file the instant motion.
`
`II.
`
`Factual Background
`On October 30, 2017, Patent Owner filed confidential versions of its Motion
`
`to Exclude (Paper 45) and Motions for Observations (Paper 47), which are accessible
`
`only by the Board and parties. Patent Owner moved to seal both papers. Papers 44
`
`
`
`1
`
`
`
`Case IPR2016-01901
`U.S. Patent No. 8,450,249
`and 48. In conjunction with its filing of the confidential versions of these motions,
`
`Patent Owner filed redacted versions of the two papers (Paper 46 and Paper 49,
`
`respectively), which are accessible publicly.
`
`III. Reasons Why Relief Should Be Granted
`Patent Owner respectfully requests that the Board expunge the redacted,
`
`public versions of its Motion to Exclude (Paper 46) and Motions for Observation
`
`(Paper 49), and to permit the refiling of the further-redacted versions of those papers,
`
`submitted concurrently herewith, to be substituted in their place. The further-
`
`redacted versions contain additional redactions to the portions of those two papers
`
`that Petitioner has identified as containing Petitioner’s confidential information.
`
`Specifically, in Paper 46, Petitioner has informed Patent Owner that Petitioner
`
`requests the redaction of an additional sentence on page 10, which Petitioner asserts
`
`relates to the composition of Petitioner’s product. Paper 46 at 10. Petitioner
`
`contends that the sentence contains confidential information, because it discloses
`
`information concerning the composition of Petitioner’s DRA products, which
`
`Petitioner contends is its confidential information.
`
`In Paper 49, Petitioner has informed Patent Owner that Petitioner requests the
`
`redaction of additional statements in Request for Observation No. 8. Petitioner
`
`contends that those statements disclose information relating to the composition of
`
`Petitioner’s product, which Petitioner contends is its confidential information.
`
`
`
`2
`
`
`
`IV. Conclusion
`For the foregoing reasons, Patent Owner respectfully requests that the motion
`
`Case IPR2016-01901
`U.S. Patent No. 8,450,249
`
`be granted.
`
`
`
`Dated: November 28, 2017
`
`
`
`
`
`Respectfully submitted,
`
`
`/s/ Douglas W. McClellan /
`Douglas W. McClellan, Reg. No. 41,183
`Melissa L. Hotze, Reg. No. 55,279
`Weil, Gotshal & Manges LLP
`700 Louisiana, Suite 1700
`Houston, TX 77002
`Tel: (713) 546-5000
`Fax: (713) 224-9511
`doug.mcclellan@weil.com
`melissa.hotze@weil.com
`
`Elizabeth S. Weiswasser, Reg. No. 55,721
`Weil, Gotshal & Manges LLP
`767 Fifth Avenue
`New York, NY 10153
`Tel: (212) 310-8000
`Fax: (212) 310-8007
`elizabeth.weiswasser@weil.com
`
`Attorneys for Patent Owner LiquidPower
`Specialty Products Inc.
`
`3
`
`
`
`CERTIFICATE OF SERVICE
`I hereby certify that on November 28, 2017, a copy of PATENT
`
`OWNER’S MOTION TO EXPUNGE AND REFILE was served by filing this
`
`document through the PTAB’s E2E Document Processing System as well as
`
`delivering a copy via electronic mail upon the following:
`
`Herbert D. Hart III
`Registration No. 30,063
`McAndrews, Held & Malloy, Ltd.
`500 West Madison Street
`Chicago, Illinois 60661
`Tel.: (312) 775-8000
`Email: hhart@mcandrews-ip.com
`
`George F. Wheeler
`Registration No. 28,766
`McAndrews, Held & Malloy, Ltd.
`500 West Madison Street
`Chicago, Illinois 60661
`Tel.: (312) 775-8000
`Email: gwheeler@mcandrews-ip.com
`
`Aaron F. Barkoff
`Registration No. 52,591
`McAndrews, Held & Malloy, Ltd.
`500 West Madison Street
`Chicago, Illinois 60661
`Tel.: (312) 775-8000
`Email: abarkoff@mcandrews-ip.com
`
`
`
`
`
`
`
`
`Case IPR2016-01901
`U.S. Patent No. 8,450,249
`
`Peter J. Lish
`Registration No. 59,383
`McAndrews, Held & Malloy, Ltd.
`500 West Madison Street
`Chicago, Illinois 60661
`Tel.: (312) 775-8000
`Email: plish@mcandrews-ip.com
`
`
`
`Dated: November 28, 2017
`
`/s/ Douglas W. McClellan
`Douglas W. McClellan
`
`
`
`
`
`
`
`
`
`
`
`5
`
`
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