`571-272-7822
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`Paper No. 36
`Entered: July 12, 2018
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`HALLIBURTON ENERGY SERVICES, INC.,
`Petitioner,
`
`v.
`
`SCHLUMBERGER TECHNOLOGY CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2017-01564
`Patent 7,775,278 B2
`____________
`
`
`Before HYUN J. JUNG, JEREMY M. PLENZLER, and
`JAMES J. MAYBERRY, Administrative Patent Judges.
`
`MAYBERRY, Administrative Patent Judge.
`
`
`
`DECISION
`Granting Joint Motion to Expunge
`37 C.F.R. § 42.56
`Dismissing Motion to Seal
`37 C.F.R. §§ 42.14 and 42.54
`
`
`
`IPR2017-01564
`Patent 7,775,278 B2
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`I. MOTION TO EXPUNGE
`On June 13, 2018, we granted a joint motion to terminate this
`proceeding. Paper 34. With our prior authorization, the parties
`subsequently filed a Joint Motion to Expunge the Documents under Seal.
`Paper 35 (“Mot.”). Specifically, the parties move to expunge Papers 11, 12,
`21, 22, 27, and 28, as well as Exhibits 2005, 2008, 2009, 2011, 2012, and
`2013, pursuant to 37 C.F.R. § 42.56. Mot. 2. For the reasons set forth
`below, we grant the Joint Motion to Expunge.
`Because sealed information ordinarily becomes publicly available
`after denial of a petition to institute a trial or after final judgment in a trial, a
`party wishing to preserve its confidentiality may file a motion to expunge
`the information from the record. Office Patent Trial Practice Guide, 77 Fed.
`Reg. 48756, 48761 (Aug. 14, 2012); 37 C.F.R. § 42.56. However, a strong
`public policy exists for making information filed in an inter partes review
`publicly available. 37 C.F.R. § 42.14; see also 77 Fed. Reg. at 48760–61.
`The public’s interest in maintaining a complete and understandable file
`history is balanced with the parties’ interest in protecting truly sensitive
`information. 77 Fed. Reg. at 48760.
`We did not rely on Papers 11, 12, 21, 22, 27, and 28, or Exhibits 2005,
`2008, 2009, 2011, 2012, and 2013 in rendering the Decision instituting trial
`in this proceeding or granting the Joint Motion to Terminate. See Papers 17,
`34. The redacted public versions of the Patent Owner Preliminary Response
`(Paper 14) and Joint Motion to Terminate (Paper 32) provide sufficient
`information for the public to understand the procedural posture and record of
`this proceeding. In addition, we agree with the parties’ reasons for asserting
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`IPR2017-01564
`Patent 7,775,278 B2
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`that expunging these papers and exhibits is appropriate. See Mot. 3–7.
`Thus, we find the public’s interest in being able to access this information
`does not outweigh the parties’ need to protect their confidential information.
`Accordingly, we grant the parties’ request to expunge Papers 11, 12,
`21, 22, 27, and 28, and Exhibits 2005, 2008, 2009, 2011, 2012, and 2013.
`
`II. MOTIONS TO SEAL
`Patent Owner filed Motions to Seal, requesting to seal Papers 11, 12,
`21, 22, 27, and 28, and Exhibits 2005, 2008, 2009, 2011, 2012, and 2013.
`Papers 15, 24, 31. In connection with these three Motions to Seal, Patent
`Owner filed both confidential and public versions of these motions, as the
`unredacted motions themselves included certain confidential information
`(Papers 11, 21, and 27 are the confidential Motions to Seal). Although the
`Motions to Seal did not expressly identify the confidential versions of these
`motions as papers to be under seal, we interpret Patent Owner’s Motions to
`Seal as covering these confidential versions of the motions.
`As noted above, we have granted the parties’ request to expunge
`Papers 11, 12, 21, 22, 27, and 28, and Exhibits 2005, 2008, 2009, 2011,
`2012, and 2013. Accordingly, Patent Owner’s Motions to Seal are dismissed
`as moot.
`
`III. ORDER
`
`It is:
`ORDERED that the Joint Motion to Expunge is granted;
`FURTHER ORDERED that Papers 11, 12, 21, 22, 27, and 28, and
`Exhibits 2005, 2008, 2009, 2011, 2012, and 2013 are expunged from the
`record; and
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`IPR2017-01564
`Patent 7,775,278 B2
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`FURTHER ORDERED that Patent Owner’s Motions to Seal are
`dismissed as moot.
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`IPR2017-01564
`Patent 7,775,278 B2
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`PETITIONER:
`
`Henry A. Petri
`James P. Murphy
`POLSINELLI PC
`hpetri@polsinelli.com
`jpmurphy@polsinelli.com
`
`
`For PATENT OWNER:
`
`Michael L. Kiklis
`Christopher Ricciuti
`Katherine Cappaert
`Marc K. Weinstein
`OBLON, MCCLELLAND, MAIER & NEUSTADT, LLP
`CPDocketKiklis@oblon.com
`CPDocketRicciuti@oblon.com
`CPDocketcappaert@oblon.com
`CPDocketWeinstein@oblon.com
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