`571-272-7822
`
`
`
`
`Paper No. 49
`Entered: February 7, 2019
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FUJIFILM CORPORATION,
`Petitioner,
`
`v.
`
`SONY CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2017-01356
`Patent 7,016,137 B2
`____________
`
`
`
`Before JEFFREY S. SMITH, BART A. GERSTENBLITH, and
`PATRICK M. BOUCHER, Administrative Patent Judges.
`
`SMITH, Administrative Patent Judge.
`
`
`ORDER
`37 C.F.R. § 42.56
`
`
`
`
`
`
`IPR2017-01356
`Patent 7,016,137 B2
`
`
`
`I. INTRODUCTION
`Patent Owner, in an email to the Board sent on February 1, 2019,
`requested that all sealed exhibits in this proceeding, namely, Exhibits 2018,
`2026, 2028, 2030, 2035, and 2046, remain under seal pending the outcome
`of any appeals. Petitioner does not oppose this request.
`
`
`
`
`II. DISCUSSION
`We determine that it is reasonable to maintain the record undisturbed
`pending the outcome of any appeal that is taken. At the conclusion of an
`appeal proceeding, or if no appeal is taken, the Parties, jointly or
`individually, may contact the Board for authorization to file a motion to
`expunge confidential information (see 37 C.F.R. § 42.56)—otherwise, the
`information filed under seal will be made public in due course. See Office
`Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,761 (Aug. 14, 2012)
`(“Confidential information that is subject to a protective order ordinarily
`would become public . . . 45 days after final judgment in a trial.”).
`
`
`III. ORDER
`
`Accordingly, it is
`ORDERED that within ten business days of the conclusion of any
`appeal proceeding, or if no appeal is taken within ten business days of the
`expiration of the period to file a notice of appeal, the Parties may contact the
`Board for authorization to file a motion to expunge confidential information;
`and
`
`FURTHER ORDERED that the record shall remain undisturbed as
`discussed herein until such time that a motion to expunge confidential
`
`2
`
`
`
`IPR2017-01356
`Patent 7,016,137 B2
`
`
`information is filed or, if the Parties fail to contact the Board as required
`herein, the information under seal shall be made public in due course.
`
`
`
`
`
`3
`
`
`
`
`
`
`
`IPR2017-01356
`Patent 7,016,137 B2
`
`FOR PETITIONER:
`
`Eliot Williams
`eliot.williams@bakerbotts.com
`
`Robert Scheinfeld
`robert.scheinfeld@bakerbotts.com
`
`Robert Maier
`robert.maier@bakerbotts.com
`
`Michael Knierim
`michael.knierim@bakerbotts.com
`
`
`
`FOR PATENT OWNER:
`
`Matthew Smith
`smith@smithbaluch.com
`
`Andrew Baluch
`baluch@smithbaluch.com
`
`Zhuanjia Gu
`gu@turnerboyd.com
`
`4
`
`
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