`571-272-7822
`
`
`
`
`
`
`Paper No. 62
`Entered: July 12, 2018
`
`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 IPR2017-01574
`Patent 9,322,260 B2
`____________
`
`
`Before PATRICK R. SCANLON, HYUN J. JUNG, 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
`
`
`
`IPR2017-01574
`Patent 9,322,260 B2
`
`
`
`I. MOTION TO EXPUNGE
`On June 13, 2018, we granted a joint motion to terminate this
`proceeding. Paper 60. With our prior authorization, the parties
`subsequently filed a Joint Motion to Expunge the Documents under Seal.
`Paper 61 (“Mot.”). Specifically, the parties move to expunge Papers 7, 8, 9,
`11, 18, 19, 26, 28, 32, 39, 40, 45, 46, 53 and 54, 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 Papers 7, 8, 9, 11, 18, 19, 26, 28, 32, 39, 40, 45,
`46, 53 and 54, or Exhibits 1101, 1103, 1104, 1107, 2005, 2009, 2011, 2012,
`2013 and 2014 in rendering the Decision instituting trial in this proceeding,
`our Decision on Patent Owner’s request for rehearing, or granting the Joint
`Request to Terminate. See Papers 37, 48. The redacted public version of the
`Patent Owner Preliminary Response (Paper 21), the redacted public version
`
`
`
`
`2
`
`
`
`IPR2017-01574
`Patent 9,322,260 B2
`
`
`of the Patent Owner Rehearing Request (Paper 42), and the redacted public
`version of the Joint Motion to Terminate (Paper 57) 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
`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, 19, 26, 28, 32, 39, 40, 45, 46, 53 and 54, and Exhibits 1101, 1103,
`1104, 1107, 2005, 2009, 2011, 2012, 2013 and 2014.
`
`II. MOTIONS TO SEAL
`Patent Owner filed six Motions to Seal and Petitioner filed two
`Motions to Seal, requesting to seal Papers 7, 8, 9, 11, 18, 19, 26, 28, 32, 39,
`40, 45, 46, 53 and 54, and Exhibits 1101, 1103, 1104, 1107, 2005, 2009,
`2011, 2012, 2013 and 2014. Papers 12, 24, 27, 35, 41, 49, 58. In
`connection with these eight Motions to Seal, the parties filed both
`confidential and public versions of these motions, as the unredacted motions
`themselves included certain confidential information (Papers 7, 11, 19, 26,
`32, 39, 45, and 53 are the confidential Motions to Seal). Although six of the
`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 these confidential versions of the motions.
`As noted above, we have granted the parties’ request to expunge
`Papers 7, 8, 9, 11, 18, 19, 26, 28, 32, 39, 40, 45, 46, 53 and 54, and Exhibits
`
`
`
`
`3
`
`
`
`IPR2017-01574
`Patent 9,322,260 B2
`
`
`1101, 1103, 1104, 1107, 2005, 2009, 2011, 2012, 2013 and 2014.
`Accordingly, the pending Motions to Seal are dismissed as moot.
`
`III. ORDER
`
`It is:
`ORDERED that the Joint Motion to Expunge is granted;
`FURTHER ORDERED that Papers 7, 8, 9, 11, 18, 19, 26, 28, 32, 39,
`40, 45, 46, 53 and 54, and Exhibits 1101, 1103, 1104, 1107, 2005, 2009,
`2011, 2012, 2013 and 2014 are expunged from the record; and
`FURTHER ORDERED that pending Motions to Seal are dismissed as
`
`moot.
`
`
`
`
`4
`
`
`
`IPR2017-01574
`Patent 9,322,260 B2
`
`
`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
`
`
`
`
`
`5
`
`
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