`571-272-7822
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`Paper: 32
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`Entered: July 13, 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 CORP.,
`Patent Owner.
`____________
`
`Case IPR2017-01567
`Patent 7,934,556 B2
`____________
`
`
`Before HYUN J. JUNG, JEREMY M. PLENZLER, and
`JAMES J. MAYBERRY, Administrative Patent Judges.
`
`JUNG, Administrative Patent Judge.
`
`
`
`
`DECISION
`Granting Joint Motion to Expunge
`37 C.F.R. § 42.56
`Dismissing Motions to Seal
`37 C.F.R. §§ 42.14 and 42.54
`
`
`
`IPR2017-01567
`Patent 7,934,556 B2
`
`
`
`I. MOTION TO EXPUNGE
`On June 13, 2018, we granted a Joint Motion to Terminate. Paper 30.
`With our prior authorization, the parties subsequently filed a Joint Motion to
`Expunge the Documents under Seal. Paper 31 (“Mot.”). Specifically, the
`parties move to expunge Papers 9, 11, 19, 20, 24, and 25,1 as well as
`Exhibits 2005, 2008, 2009, and 2011–2013, 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 Paper 11 or Exhibits 2005, 2008, 2009, and 2011–
`2013 in rendering the Institution Decision. Paper 16. We did not need to
`consider Paper 20 and did not rely on Paper 25 in granting the Joint Motion
`
`
`1 Paper 11 is the unredacted, confidential version of the Patent Owner’s
`Preliminary Response, and Paper 20 is the unredacted, confidential version
`of the Patent Owner’s Response. Papers 9, 19, and 24 are the unredacted,
`confidential versions of Patent Owner’s Motions to Seal. Paper 25 is the
`unredacted, confidential version of the Joint Motion to Terminate.
`
`2
`
`
`
`
`IPR2017-01567
`Patent 7,934,556 B2
`
`
`to Terminate. Paper 30. The redacted public versions of the Patent Owner’s
`Preliminary Response (Paper 13), Patent Owner’s Response (Paper 23), and
`Joint Motion to Terminate (Paper 28) provide sufficient information for the
`public to understand the procedural posture and record of this proceeding.
`For the reasons discussed below, we dismiss the motions to seal (Papers 9,
`19, 24) as moot. In addition, we agree with the parties’ reasons for asserting
`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 9, 11,
`19, 20, 24, and 25, and Exhibits 2005, 2008, 2009, and 2011–2013.
`
`
`II. MOTIONS TO SEAL
`Patent Owner filed Motions to Seal, requesting to seal the unredacted,
`confidential version of Patent Owner’s Preliminary Response, Paper 11;
`Exhibits 2005, 2008, 2009, and 2011–2013; the unredacted, confidential
`version of Patent Owner’s Response, Paper 20; and the unredacted,
`confidential version of the Joint Motion to Terminate, Paper 25. Papers 9,
`19, 24.2 Although Patent Owner’s Motions to Seal did not expressly identify
`the confidential versions of these motions as papers to be under seal, we
`interpret the Motions to Seal as covering the confidential versions.
`
`
`2 Papers 14, 22, and 29 are the public versions of the Motions to Seal. The
`confidential versions of the Motions to Seal were filed as Papers 9, 19, and
`24.
`
`
`
`3
`
`
`
`IPR2017-01567
`Patent 7,934,556 B2
`
`
`
`As noted above, however, we have granted the parties’ request to
`expunge Papers 11, 20, and 25, as well as Exhibits 2005, 2008, 2009, and
`2011–2013. Accordingly, the Motions to Seal are dismissed as moot.
`
`
`III. ORDER
`
`It is:
`ORDERED that the Joint Motion to Expunge is granted;
`FURTHER ORDERED that Papers 9, 11, 19, 20, 24, and 25, and
`Exhibits 2005, 2008, 2009, and 2011–2013 are expunged from the record;
`and
`
`FURTHER ORDERED that Patent Owner’s Motions to Seal are
`dismissed as moot.
`
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`4
`
`
`
`IPR2017-01567
`Patent 7,934,556 B2
`
`
`PETITIONER:
`
`Henry A. Petri
`James P. Murphy
`POLSINELLI PC
`hpetri@polsinelli.com
`jpmurphy@polsinelli.com
`
`
`PATENT OWNER:
`
`Michael L. Kiklis
`Christopher Ricciuti
`Katherine Cappaert
`Lisa Mandrusiak
`Marc K. Weinstein
`OBLON, MCCLELLAN, MAIER & NEUSTADT, LLP
`CPDocketKiklis@oblon.com
`CPDocketRicciuti@oblon.com
`CPDocketcappaert@oblon.com
`cpdocketmandrusiak@oblon.com
`CPDocketWeinstein@oblon.com
`
`
`
`
`
`5
`
`
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