`571-272-7822
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`Paper: 40
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`Entered: July 26, 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 IPR2017-01577
`Patent 8,905,133 B2
`____________
`
`
`Before PATRICK R. SCANLON, HYUN J. JUNG, and
`JEREMY M. PLENZLER, 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
`
`
`
`IPR2017-01577
`Patent 8,905,133 B2
`
`
`
`I. MOTION TO EXPUNGE
`On June 13, 2018, we granted a Joint Motion to Terminate. Paper 38.
`With our prior authorization, the parties subsequently filed a Joint Motion to
`Expunge the Documents under Seal. Paper 39 (“Mot.”). Specifically, the
`parties move to expunge Papers 10, 11, 18, 19, 24, 25, 31, and 32,1 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 the alleged confidential information in the Papers
`and Exhibits noted above in rendering the Institution Decision, the Decision
`
`
`1 Paper 11 is the unredacted, confidential version of the Patent Owner’s
`Preliminary Response, Paper 19 is the unredacted, confidential version of
`the Patent Owner’s Request for Rehearing, and Paper 25 is the unredacted,
`confidential version of the Patent Owner’s Response. Paper 32 is the
`unredacted, confidential version of the Joint Motion to Terminate. The other
`unredacted, confidential Papers noted are Motions to Seal.
`
`2
`
`
`
`
`IPR2017-01577
`Patent 8,905,133 B2
`
`
`Denying Rehearing, or the Decision Granting the Joint Motion to Terminate.
`Papers 16, 22, 38. The redacted public versions of Patent Owner’s
`Preliminary Response (Paper 13), Patent Owner’s Request for Rehearing
`(Paper 21), Patent Owner’s Response (Paper 28), and the Joint Motion to
`Terminate (Paper 35) 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 10, 18, 24,
`31) as moot. In addition, we agree with the parties’ reasons for asserting
`that expunging these papers and exhibits is appropriate. See Mot. 3–8.
`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 10, 11,
`18, 19, 24, 25, 31, and 32, and Exhibits 2005, 2008, 2009, 2011, 2012, and
`2013.
`
`
`
`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 10, 18, 24, 31.2 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.
`
`
`
`2 Papers 10, 18, 24, and 31 are the confidential versions of those Motions to
`Seal.
`
`
`
`3
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`
`
`IPR2017-01577
`Patent 8,905,133 B2
`
`
`
`III. ORDER
`
`It is:
`ORDERED that the Joint Motion to Expunge is granted;
`FURTHER ORDERED that Papers 10, 11, 18, 19, 24, 25, 31, and 32,
`and Exhibits 2005, 2008, 2009, 2011, 2012, and 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
`
`
`
`IPR2017-01577
`Patent 8,905,133 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
`Marc K. Weinstein
`OBLON, MCCLELLAN, MAIER & NEUSTADT, LLP
`CPDocketKiklis@oblon.com
`CPDocketRicciuti@oblon.com
`CPDocketCappaert@oblon.com
`CPDocketWeinstein@oblon.com
`
`
`
`
`
`5
`
`
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