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`Paper: 33
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`Entered: July 13, 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 IPR2017-01774
`Patent 7,934,556 B2
`____________
`
`
`Before HYUN J. JUNG, JEREMY M. PLENZLER, and
`JAMES J. MAYBERRY, Administrative Patent Judges.
`
`JUNG, 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
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`IPR2017-01774
`Patent 7,934,556 B2
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`I. MOTION TO EXPUNGE
`On June 13, 2018, we granted a Joint Motion to Terminate. Paper 31.
`With our prior authorization, the parties subsequently filed a Joint Motion to
`Expunge the Documents under Seal. Paper 32 (“Mot.”). Specifically, the
`parties move to expunge Papers 6, 7, 13, 20, 21, 25, and 26,1 as well as
`Exhibits 2005, 2008, 2009, 2011, and 2016,2 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 Paper 6 or Exhibits 2005, 2008, 2009, 2011, and
`2016 in rendering the Institution Decision. Paper 16. We did not need to
`
`1 Paper 6 is the unredacted, confidential version of the Patent Owner’s
`Preliminary Response, and Paper 21 is the unredacted, confidential version
`of the Patent Owner’s Response. Paper 26 is the unredacted, confidential
`version of the Joint Motion to Terminate. Papers 7, 13, 20, and 25 are the
`unredacted, confidential versions of Patent Owner’s Motions to Seal.
`2 Exhibit 2016 as used herein refers to the unredacted, confidential version
`of the exhibit.
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`2
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`IPR2017-01774
`Patent 7,934,556 B2
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`consider Paper 21 and did not rely on Paper 26 in granting the Joint Motion
`to Terminate. Paper 31. The redacted public versions of the Patent Owner’s
`Preliminary Response (Paper 9), Patent Owner’s Response (Paper 24), and
`Joint Motion to Terminate (Paper 29) 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,
`13, 20, 25) 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 6, 7, 13,
`20, 21, 25, and 26, and Exhibits 2005, 2008, 2009, 2011, and 2016.
`
`
`II. MOTIONS TO SEAL
`Patent Owner filed Motions to Seal, requesting to seal the unredacted,
`confidential version of Patent Owner’s Preliminary Response, Paper 6;
`Exhibits 2005, 2008, 2009, 2011, and 2016; the unredacted, confidential
`version of Patent Owner’s Response, Paper 21; and the unredacted,
`confidential version of the Joint Motion to Terminate, Paper 26. Papers 7,
`13, 20, 25.3 Although the Motions to Seal did not expressly identify the
`confidential versions of these motions as papers to be under seal, we
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`3 Papers 10, 18, 23, and 30 are the public versions of the Motions to Seal.
`The confidential versions of the Motions to Seal were filed as Papers 7, 13,
`20, and 25.
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`IPR2017-01774
`Patent 7,934,556 B2
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`interpret Patent Owner’s Motions to Seal as covering the confidential
`versions.
`As noted above, however, we have granted the parties’ request to
`expunge Papers 6, 21, and 26, as well as Exhibits 2005, 2008, 2009, 2011,
`and 2016. Accordingly, the Motions to Seal are dismissed as moot.
`
`
`III. ORDER
`
`It is:
`ORDERED that the Joint Motion to Expunge is granted;
`FURTHER ORDERED that Papers 6, 7, 13, 20, 21, 25, and 26, and
`Exhibits 2005, 2008, 2009, 2011, and 2016 are expunged from the record;
`and
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`FURTHER ORDERED that Patent Owner’s Motions to Seal are
`dismissed as moot.
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`IPR2017-01774
`Patent 7,934,556 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 Mandrusiak
`Marc K. Weinstein
`OBLON, MCCLELLAN, MAIER & NEUSTADT, LLP
`CPDocketKiklis@oblon.com
`CPDocketRicciuti@oblon.com
`CPDocketcappaert@oblon.com
`cpdocketmandrusiak@oblon.com
`CPDocketWeinstein@oblon.com
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