`
`Trials@uspto.gov
`571.272.7822 Entered: September 28, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`WATSON LABORATORIES, INC.
`Petitioner,
`v.
`UNITED THERAPEUTICS, CORP.
`Patent Owner.
`____________
`
`Case IPR2017-01621 and IPR2017-01622
`Patents 9,358,240 B2 and 9,339,507 B2
`____________
`
`
`Before TONI R. SCHEINER, ERICA A. FRANKLIN, and
`DAVID COTTA, Administrative Patent Judges.
`
`COTTA, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Patent Owner’s Motion to Expunge
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`
`IPR2017-01621 (Patent 9,358,240 B2)
`IPR2017-01622 (Patent 9,339,507 B2)
`
`
`On September 5, 2018, having received prior authorization from the
`Board, Patent Owner, United Therapeutics, Corp., filed a Motion to Expunge
`Confidential Information from the Record. IPR2017-01621, Paper 65;
`IPR2017-01622, Paper 65. Patent Owner requests that we expunge Exhibits
`2049–2051, 2055, 2058, 2065–2068, 2071, 2074, 2075, 2083, 2088, and
`2089 in their entireties. Id. at 2. In addition, Patent Owner requests that we
`expunge the unredacted, non-public versions of Exhibits 2053 and 2204. Id.
`To be clear, Patent Owner does not request that we expunge the redacted,
`public versions of Exhibits 2053 and 2204. Patent Owner represents that
`Petitioner, Watson Laboratories, Inc., does not oppose this motion. Id. at 1.
`Information filed under seal ordinarily becomes publicly available
`after final judgment. See Office Patent Trial Practice Guide, 77 Fed. Reg.
`48756, 48761 (Aug. 14, 2012). The expectation that sealed information will
`become public generally applies, “where the existence of the information is
`referred to in a decision to grant or deny a request to institute a review or is
`identified in a final written decision following a trial.” Id. However, under
`37 C.F.R. § 42.56, a party seeking to maintain the confidentiality of
`information filed under seal may file a motion to expunge confidential
`information from the record.
`On August 21, 2018, the parties filed a Joint Motion to Terminate
`Proceedings. IPR2017-01621, Paper 62; IPR2017-01622, Paper 63. In light
`of the parties’ settlement, we entered an order terminating the proceeding on
`August 27, 2018. IPR2017-01621, Paper 64; IPR2017-01622, Paper 64.
`We did not enter a Final Written Decision in this proceeding, nor did we rely
`on any information in the documents Patent Owner asks us to expunge in
`disposing of any issues in this proceeding. Moreover, we have already
`
`2
`
`
`
`IPR2017-01621 (Patent 9,358,240 B2)
`IPR2017-01622 (Patent 9,339,507 B2)
`
`determined that “Patent Owner has shown that the material it seeks to
`maintain under seal is of a confidential nature, the disclosure of which could
`be used by competitors to gain unfair business and competitive advantages.”
`IPR2017-01621, Paper 49, 3; IPR2017-01622, Paper 50, 3; IPR2017-01621,
`Paper 36, 3; IPR2017-01622, Paper 36, 3. Accordingly, based on the record
`before us, the need to protect the confidentiality of the documents at issue
`outweighs the public interest in unsealing them.
`In consideration of the foregoing, it is:
`ORDERED that the non-public versions of Exhibits 2049–2051, 2055,
`2058, 2065–2068, 2071, 2074, 2075, 2083, 2088, and 2089 be expunged
`from the record; and
`FURTHER ORDERED that the unredacted, non-public versions of
`Exhibits 2053 and 2204 be expunged from the record.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`IPR2017-01621 (Patent 9,358,240 B2)
`IPR2017-01622 (Patent 9,339,507 B2)
`
`PETITIONER:
`Michael K. Nutter
`Andrew R. Sommer
`Kurt A. Mathas
`WINSTON & STRAWN LLP
`mnutter@winston.com
`asommer@winston.com
`kmathas@winston.com
`
`PATENT OWNER:
`Stephen B. Maebius
`George Quillin
`FOLEY & LARDNER LLP
`smaebius@foley.com
`gquillin@foley.com
`
`Shaun R. Snader
`UNITED THERAPEUTICS CORP.
`ssnader@unither.com
`
`Douglas Carsten
`Richard Torczon
`Robert Delafield
`Veronica Ascarrunz
`WILSON, SONSINI, GOODRICH & ROSATI
`dcarsten@wsgr.com
`rtorczon@wsgr.com
`bdelafield@wsgr.com
`vascarrunz@wsgr.com
`
`
`4
`
`
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