`Tel: 571-272-7822
`
`Paper 26
`Entered: April 4, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`STINGRAY DIGITAL GROUP INC.,
`Petitioner,
`
`v.
`
`MUSIC CHOICE,
`Patent Owner.
`
`Case IPR2017-00888
`Patent 7,320,025 B1
`
`
`
`
`
`
`
`
`
`Before MITCHELL G. WEATHERLY, GREGG I. ANDERSON, and
`JOHN F. HORVATH, Administrative Patent Judges.
`
`WEATHERLY, Administrative Patent Judge.
`
`ORDER
`Granting Patent Owner’s Motion to Strike and Expunge
`37 C.F.R. § 42.5
`
`I. BACKGROUND
`
`With our prior authorization, Patent Owner filed Patent Owner’s
`
`Unopposed Motion to Strike and Expunge, Paper 25 (“Mot.” or “Motion”),
`
`in which it moves to strike the portion of the Patent Owner Response
`
`addressing objective indicia of non-obviousness and expunge evidence
`
`submitted in support of that argument. Mot. 1. Patent Owner indicates that
`
`
`
`IPR2017-00888
`Patent 7,320,025 B1
`
`Petitioner has reviewed the Motion and does not oppose it. Id. More
`
`specifically, Patent Owner seeks to strike Section VI(E) of its Patent Owner
`
`Response (both the confidential, Paper 18, and non-confidential, Paper 19,
`
`versions) at pages 42–58; the table of exhibits 2002–2004, 2007–2106, and
`
`2108 at pages vi–xii; and to expunge Exhibits 2002–2004, 2007–2106, and
`
`2108. Id. Patent Owner also seeks to expunge its Motion to Seal, Paper 17,
`
`on the condition that the Exhibits that are the subject of the motion remain
`
`unavailable to the public. Id.
`
`Because the Motion is unopposed and granting the relief requested
`
`will dramatically simplify the proceedings, and render the Motion to Seal
`
`moot, we grant the Motion in its entirety.
`
`II. ORDER
`
`For the reasons given, it is:
`
`ORDERED that Patent Owner’s Unopposed Motion to Strike and
`
`Expunge, Paper 25, is granted;
`
`FURTHER ORDERED that Exhibits 2002–2004, 2007–2106, and
`
`2108 shall be expunged from the record;
`
`FURTHER ORDERED that Patent Owner’s Motion to Seal, Paper 17,
`
`shall be expunged from the proceeding;
`
`FURTHER ORDERED that Paper 18, the confidential version of the
`
`Patent Owner Response, shall be expunged from the proceeding; and
`
`FURTHER ORDERED that the Board shall consider Paper 19, the
`
`non-confidential version of the original Patent Owner Response, to
`
`constitute the Patent Owner Response, except that the Board shall not
`
`consider any portion of Section VI(E) of Paper 19.
`
`2
`
`
`
`IPR2017-00888
`Patent 7,320,025 B1
`
`PETITIONER:
`
`Heath J. Briggs
`Joshua L. Raskin
`GREENBERG TRAURIG, LLP
`BriggsH@gtlaw.com
`RaskinJ@gtlaw.com
`
`PATENT OWNER:
`
`Brian S. Rosenbloom
`Martin M. Zoltick
`Michael V. Battaglia
`Jennifer B. Maisel
`ROTHWELL, FIGG, ERNST & MANBECK, P.C.
`brosenbloom@rfem.com
`mzoltick@rfem.com
`mbattaglia@rfem.com
`jmaisel@rfem.com
`
`3
`
`
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