`571-272-7822
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`Paper: 54
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`Entered: July 27, 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 IPR2017-01570
`Patent 8,220,543 B2
`____________
`
`
`Before HYUN J. JUNG, JEREMY M. PLENZLER, and
`JAMES J. MAYBERRY, Administrative Patent Judges.
`
`PLENZLER, 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
`
`
`
`IPR2017-01570
`Patent 8,220,543 B2
`
`
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`I. MOTION TO EXPUNGE
`On June 13, 2018, we granted a Joint Motion to Terminate. Paper 52.
`With our prior authorization, the parties subsequently filed a Joint Motion to
`Expunge the Documents under Seal. Paper 53 (“Mot.”). Specifically, the
`parties move to expunge Papers 7, 8, 9, 11, 18, 20, 26, 29, 31, 41, 42, 46,
`and 47,1 as well as Exhibits 1101, 1103, 1104, 1107, 2005, 2009, 2011,
`2012, 2013, and 2014, 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 the alleged confidential information in the Papers
`and Exhibits noted above in rendering the Institution Decision or the
`
`
`1 Paper 18 is the unredacted, confidential version of the Patent Owner’s
`Preliminary Response and Paper 42 is the unredacted, confidential version of
`the Patent Owner’s Response. Paper 47 is the unredacted, confidential
`version of the Joint Motion to Terminate. The other unredacted, confidential
`Papers noted are Motions to Seal, a Motion for Extension of Time, and an
`Opposition to that Motion for Extension of Time.
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`2
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`IPR2017-01570
`Patent 8,220,543 B2
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`Decision Granting the Joint Motion to Terminate. Papers 37, 52. The
`redacted public versions of Patent Owner’s Preliminary Response (Paper
`21), Patent Owner’s Response (Paper 45), and the Joint Motion to Terminate
`(Paper 50) 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 7, 11, 20, 31, 41, 46) as moot.
`In addition, we agree with the parties’ reasons for asserting that expunging
`these papers and exhibits is appropriate. See Mot. 4–10. 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 7, 8, 9,
`11, 18, 20, 26, 29, 31, 41, 42, 46, and 47, and Exhibits 1101, 1103, 1104,
`1107, 2005, 2009, 2011, 2012, 2013, and 2014.
`
`
`II. MOTIONS TO SEAL
`Patent Owner filed Motions to Seal, requesting to seal the Papers and
`Exhibits noted above in connection with the Joint Motion to Expunge.
`Papers 7, 11, 20, 31, 41, 46.2 Because we have granted the parties’ request
`to expunge the Papers and Exhibits that were the subject of those Motions to
`Seal, those Motions to Seal are dismissed as moot.
`
`
`III. ORDER
`
`It is:
`
`2 Papers 7, 11, 20, 31, 41, and 46 are the confidential versions of those
`Motions to Seal.
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`3
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`IPR2017-01570
`Patent 8,220,543 B2
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`ORDERED that the Joint Motion to Expunge is granted;
`FURTHER ORDERED that Papers 7, 8, 9, 11, 18, 20, 26, 29, 31, 41,
`42, 46, and 47, and Exhibits 1101, 1103, 1104, 1107, 2005, 2009, 2011,
`2012, 2013, and 2014 are expunged from the record; and
`FURTHER ORDERED that Patent Owner’s Motions to Seal are
`dismissed as moot.
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`4
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`IPR2017-01570
`Patent 8,220,543 B2
`
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`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 MandrusiakMarc K. Weinstein
`OBLON, MCCLELLAN, MAIER & NEUSTADT, LLP
`CPDocketKiklis@oblon.com
`CPDocketRicciuti@oblon.com
`CPDocketCappaert@oblon.com
`CPDocketWeinstein@oblon.com
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`5
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