`
`Paper 57
`Entered: December 10, 2018
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`WESTINGHOUSE AIR BRAKE TECHNOLOGIES CORPORATION,
`Petitioner,
`
`v.
`
`SIEMENS MOBILITY, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-01263
`Patent 6,996,461 B2
`____________
`
`
`
`Before MEREDITH C. PETRAVICK and TIMOTHY J. GOODSON,
`Administrative Patent Judges.
`
`GOODSON, Administrative Patent Judge.
`
`
`
`ORDER
`Authorizing Petitioner to File a Motion to Expunge
`37 C.F.R. § 42.56
`
`
`
`
`
`IPR2017-01263
`Patent 6,996,461 B2
`
`
`On December 7, 2018, Petitioner sent an email to the Board
`requesting authorization to file a motion to expunge Exhibit 1039 from the
`record in this proceeding. We previously granted a motion to seal Exhibit
`1039, which is an excerpt of an expert report concerning infringement from
`a district court proceeding. See Paper 55. Sealed information ordinarily
`becomes publicly available after final judgment. See Office Patent Trial
`Practice Guide, 77 Fed. Reg. 48756, 48761 (Aug. 14, 2012). However, our
`rules provide that “after final judgment in a trial, a party may file a motion to
`expunge confidential information from the record.” 37 C.F.R. § 42.56.
`In our view, expungement requests are best addressed after any appeal
`is concluded so that the record remains complete for appellate review. See,
`e.g., Electronic Arts, Inc. v. Terminal Reality, Inc., Case IPR2016-00928,
`slip op. at 3 (PTAB Nov. 6, 2017) (Paper 15) (determining that the record
`should remain undisturbed pending resolution of any appeal); Tradestation
`Group, Inc. v. Trading Techs. Int’l, Inc., Case CBM2015-00161, slip op. at 2
`(PTAB Aug. 10, 2017) (Paper 137) (same). Neither party has filed a Notice
`of Appeal in this case as of yet, but the deadline to do so has not passed. See
`37 C.F.R. § 90.3(a)(1).
`In consideration of the foregoing, it is hereby:
`ORDERED that Petitioner is authorized to file a motion to expunge
`Exhibit 1039 no later than ten business days after (a) the conclusion of any
`appeal concerning this proceeding, or (b) the deadline for appeal has passed;
`FURTHER ORDERED that if no motion to expunge is filed by the
`specified deadline, Exhibit 1039 will be made public in due course.
`
`
`
`2
`
`
`
`IPR2017-01263
`Patent 6,996,461 B2
`
`PETITIONER:
`Jason A. Engel
`Alan L. Barry
`Benjamin E. Weed
`Erik J. Halverson
`K&L GATES LLP
`jason.engel.ptab@klgates.com
`al.barry@klgates.com
`benjamin.weed.ptab@klgates.com
`erik.halverson@klgates.com
`
`PATENT OWNER:
`Jeffrey D. Sanok
`Mark M. Supko
`Vincent J. Galluzzo
`CROWELL & MORING LLP
`jsanok@crowell.com
`msupko@crowell.com
`vgalluzzo@crowell.com
`
`
`3
`
`
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