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Paper No. 61
`Entered: July 23, 2018
`
`Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`
`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 IPR2017-01578
`Patent 9,322,260 B2
`____________
`
`
`Before PATRICK R. SCANLON, HYUN J. JUNG, and
`JAMES J. MAYBERRY, Administrative Patent Judges.
`
`SCANLON, Administrative Patent Judge.
`
`
`
`DECISION
`Dismissing Patent Owner’s Request for Rehearing
`37 C.F.R. § 42.71
`Granting Joint Motion to Expunge
`37 C.F.R. § 42.56
`Dismissing Motions to Seal
`37 C.F.R. §§ 42.14 and 42.54
`
`

`

`IPR2017-01578
`Patent 9,322,260 B2
`
`
`
`I. REQUEST FOR REHEARING
`Pursuant to 37 C.F.R. § 41.71(d), Patent Owner filed a Request for
`Rehearing (Paper 42)1 of our Decision on Institution (Paper 37). The
`parties, however, subsequently filed a Joint Motion to Terminate. Paper 56.2
`On June 13, 2018, we granted the Joint Motion to Terminate this proceeding.
`Paper 59. Accordingly, we dismiss Patent Owner’s Request for Rehearing
`as moot.
`
`II. MOTION TO EXPUNGE
`Subsequent to our granting the Joint Motion to Terminate and with
`our prior authorization, the parties filed a Joint Motion to Expunge
`Documents Filed under Seal. Paper 60 (“Mot.”). Specifically, the parties
`move to expunge Papers 7, 8, 9, 11, 18, 19, 27, 28, 30, 39, 40, 45, 46, 52,
`and 53, 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
`
`
`1 Paper 42 is a redacted public version of Patent Owner’s Request for
`Rehearing. A confidential version was filed as Paper 40.
`2 Paper 57 is a redacted public version of the Joint Motion to Terminate. A
`confidential version was filed as Paper 53.
`
`2
`
`
`

`

`IPR2017-01578
`Patent 9,322,260 B2
`
`
`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, 27, 28, 30, 39, 40, 45,
`46, 52, and 53, or Exhibits 1101, 1103, 1104, 1107, 2005, 2009, 2011, 2012,
`2013, and 2014 in rendering the Decision on Institution or in granting the
`Joint Motion to Terminate. Papers 37, 59. The redacted public versions of
`Papers 8, 9, 18, 30, 40, 46, and 53 (i.e., Papers 23, 10, 21, 31, 42, 49, and 56,
`respectively) 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, 19, 27, 28, 39, 45, and
`52) 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, 19, 27, 28, 30, 39, 40, 45, 46, 52, and 53, and Exhibits 1101, 1103,
`1104, 1107, 2005, 2009, 2011, 2012, 2013, and 2014.
`
`III. 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, 27, 28, 30, 39,
`40, 45, 46, 52, and 53, and Exhibits 1101, 1103, 1104, 1107, and 2014.
`
`
`
`
`3
`
`

`

`IPR2017-01578
`Patent 9,322,260 B2
`
`
`Papers 12, 22, 24, 29, 35, 41, 48, 57.3 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, however, we have granted the parties’ request to
`expunge Papers 7, 8, 9, 11, 18, 19, 27, 28, 30, 39, 40, 45, 46, 52, and 53, as
`well as Exhibits 1101, 1103, 1104, 1107, and 2014. Accordingly, the
`Motions to Seal are dismissed as moot.
`
`IV. ORDER
`
`It is:
`ORDERED that Patent Owner’s Request for Rehearing is dismissed
`as moot;
`FURTHER ORDERED that the Joint Motion to Expunge is granted;
`FURTHER ORDERED that Papers 7, 8, 9, 11, 18, 19, 27, 28, 30, 39,
`40, 45, 46, 52, and 53, 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 and Petitioner’s Motions
`to Seal are dismissed as moot.
`
`
`
`
`3 Papers 12, 22, 24, 29, 35, 41, 48, and 57 are the redacted public versions of
`the Motions to Seal. Confidential versions of the Motions to Seal were filed
`as Papers 11, 7, 19, 28, 27, 39, 45, and 52, respectively.
`
`4
`
`
`

`

`IPR2017-01578
`Patent 9,322,260 B2
`
`
`
`PETITIONER:
`
`Henry A. Petri
`James P. Murphy
`POLSINELLI PC
`hpetri@polsinelli.com
`jpmurphy@polsinelli.com
`
`
`PATENT OWNER:
`
`Michael L. Kiklis
`Christopher Ricciuti
`Lisa Mandrusiak
`Marc K. Weinstein
`OBLON, MCCLELLAN, MAIER & NEUSTADT, LLP
`CPDocketKiklis@oblon.com
`CPDocketRicciuti@oblon.com
`cpdocketmandrusiak@oblon.com
`CPDocketWeinstein@oblon.com
`
`
`
`
`5
`
`

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