`Tel: 571-272-7822
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`Paper 27
`Entered: April 4, 2018
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`STINGRAY DIGITAL GROUP INC.,
`Petitioner,
`
`v.
`
`MUSIC CHOICE,
`Patent Owner.
`
`Case IPR2017-01191
`Patent 9,351,045 B1
`
`
`
`
`
`
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`
`
`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
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`I. BACKGROUND
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`With our prior authorization, Patent Owner filed Patent Owner’s
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`Unopposed Motion to Strike and Expunge, Paper 26 (“Mot.” or “Motion”),
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`in which it moves to strike the portion of the Patent Owner Response
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`addressing objective indicia of non-obviousness and expunge evidence
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`submitted in support of that argument. Mot. 1. Patent Owner indicates that
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`
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`IPR2017-01191
`Patent 9,351,045 B1
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`Petitioner has reviewed the Motion and does not oppose it. Id. More
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`specifically, Patent Owner seeks to strike Section VI(E) of its Patent Owner
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`Response (both the confidential, Paper 19, and non-confidential, Paper 20,
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`versions) at pages 32–51; the table of exhibits 2007–2106, 2108, and 2110–
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`2112 at pages v–xiii; and to expunge Exhibits 2007–2106, 2108, and 2110–
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`2112. Id. Patent Owner also seeks to expunge its Motion to Seal, Paper 18,1
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`on the condition that the Exhibits that are the subject of the motion remain
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`unavailable to the public. Id.
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`Because the Motion is unopposed and granting the relief requested
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`will dramatically simplify the proceedings, and render the Motion to Seal
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`moot, we grant the Motion in its entirety.
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`II. ORDER
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`For the reasons given, it is:
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`ORDERED that Patent Owner’s Unopposed Motion to Strike and
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`Expunge, Paper 26, is granted;
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`FURTHER ORDERED that Exhibits 2007–2106, 2108, and 2110–
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`2112 shall be expunged from the record;
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`FURTHER ORDERED that Patent Owner’s Motion to Seal, Paper 18,
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`shall be expunged from the proceeding;
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`FURTHER ORDERED that Paper 19, the confidential version of the
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`Patent Owner Response, shall be expunged from the proceeding; and
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`FURTHER ORDERED that the Board shall consider Paper 20, the
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`non-confidential version of the original Patent Owner Response, to
`
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`1 The Motion inadvertenly refers to Patent Owner’s Motion to Seal as
`Paper 17.
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`2
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`
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`IPR2017-01191
`Patent 9,351,045 B1
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`constitute the Patent Owner Response, except that the Board shall not
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`consider any portion of Section VI(E) of Paper 20.
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`3
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`
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`IPR2017-01191
`Patent 9,351,045 B1
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`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
`
`4
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