`571.272.7822
`
` Paper No. 81
` Entered: September 25, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SKECHERS U.S.A., INC.,
`Petitioner,
`
`v.
`
`NIKE, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-00620 (Patent D723,783 S)
`Case IPR2017-00621 (Patent D723,781 S)1
`____________
`
`Before KEN B. BARRETT, GRACE KARAFFA OBERMANN, and
`SCOTT A. DANIELS, Administrative Patent Judges.
`
`OBERMANN, Administrative Patent Judge.
`
`ORDER
`Granting Petitioner’s Unopposed Motions to
`Expunge Confidential Materials from the Record
`37 C.F.R. § 42.56
`
`1 This order addresses issues common to both cases, therefore, we issue a
`single order to be entered in each case.
`
`
`
`IPR2017-00620 (Patent D723,783 S)
`IPR2017-00621 (Patent D723,781 S)
`
`
`
`
`On August 10, 2018, in each proceeding, Petitioner filed a Motion to
`Expunge Confidential Materials from the Record. Paper 80, 79
`(“Motions”).2 Patent Owner does not oppose the Motions. Paper 80, 2;
`Paper 79, 2. Petitioner seeks to expunge from the record the un-redacted
`versions of: 1) Exhibits 2002–2008 and Paper 22, which were sealed
`pursuant to Paper 40; 2) Exhibit 2039 and Paper 41, which were sealed
`pursuant to Paper 46; and 3) Paper 33, which were sealed pursuant to Paper
`59 (marked as Paper 60). Paper 80, 2; Paper 79, 2. Collectively, those un-
`redacted materials are referred to in the Motions as the “Sealed Documents.”
`Paper 80, 2; Paper 79, 2.3
`As Petitioner points out, ordinarily, the Sealed Documents would
`become public 45 days after final judgment; however, as Petitioner further
`observes, our rules permit a party to file a motion to expunge from the
`record confidential information prior to that information becoming public.
`Paper 80, 2–3; Paper 79, 2–3; see Office Patent Trial Practice Guide, 77
`Fed. Reg. 48,623 (Aug. 14, 2012) (establishing expectation that confidential
`information will become public “45 days after final judgement in a trial”);
`37 C.F.R. § 42.56 (rule contemplating motions to expunge confidential
`information after final judgment in a trial).
`Petitioner previously established good cause for sealing the Sealed
`Documents and, further, attests that “the Board did not cite to the sealed
`portions of the Sealed Documents” in the Final Written Decisions entered in
`
`
`2 We refer sequentially to the paper numbers that correspond to the Motions
`filed in IPR2017-00620 and IPR2017-00621.
`3 The Sealed Documents bear the same paper and exhibit numbers in each
`proceeding.
`
`2
`
`
`
`IPR2017-00620 (Patent D723,783 S)
`IPR2017-00621 (Patent D723,781 S)
`
`
`
`these proceedings. Paper 80, 4–5; Paper 79, 4–5. Under these
`circumstances, the public interest in maintaining a full and accurate history
`of the patents-at-issue is minimally impacted by granting the Motions. We
`determine that Petitioner establishes an interest in expunging the Sealed
`Documents that, under the particular facts and circumstances presented,
`outweighs any public interest in their disclosure. Paper 80, 2–5; Paper 79,
`2–5.
`
`
`ORDER
`
`Accordingly, it is
`ORDERED that Petitioner’s Unopposed Motion to Expunge
`Confidential Materials from the Record is granted in each proceeding; and
`FURTHER ORDERED that the un-redacted versions (that is, the
`versions filed under seal) of Exhibits 2002–2008, Exhibit 2039, and
`Papers 22, 33, and 41 shall be expunged from the record in each proceeding.
`
`
`3
`
`
`
`
`
`IPR2017-00620 (Patent D723,783 S)
`IPR2017-00621 (Patent D723,781 S)
`
`
`For PETITIONER:
`Samuel K. Lu
`Michael R. Fleming
`Talin Gordnia
`Morgan Chu
`IRELL & MANELLA LLP
`slu@irell.com
`mfleming@irell.com
`tgordnia@irell.com
`mchu@irell.com
`
`For PATENT OWNER:
`
`Christopher J. Renk
`Erik S. Maurer
`Audra Eidem Heinze
`Kurt Reister
`Michael J. Harris
`BANNER & WITCOFF, LTD
`crenk@bannerwitcoff.com
`emaurer@bannerwitcoff.com
`aheinze@bannerwitcoff.com
`kriester@bannerwitcoff.com
`mharris@bannerwitcoff.com
`
`4
`
`
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