`571-272-7822
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`Paper No. 24
`Entered: July 12, 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 CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2017-01776
`Patent 7,775,278 B2
`____________
`
`
`Before HYUN J. JUNG, JEREMY M. PLENZLER, 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
`
`
`
`IPR2017-01776
`Patent 7,775,278 B2
`
`
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`I. MOTION TO EXPUNGE
`On June 13, 2018, we granted a joint motion to terminate this
`proceeding. Paper 22. With our prior authorization, the parties
`subsequently filed a Joint Motion to Expunge the Documents under Seal.
`Paper 23 (“Mot.”). Specifically, the parties move to expunge Papers 6, 7,
`15, and 16, as well as Exhibits 2005, 2008, 2009, and 2011, 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 6, 7, 15, and 16, or Exhibits 2005, 2008,
`2009, and 2011 in rendering the Decision instituting trial in this proceeding
`or granting the Joint Motion to Terminate. See Papers 12, 22. The redacted
`public versions of the Patent Owner Preliminary Response (Paper 10) and
`Joint Motion to Terminate (Paper 20) 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
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`IPR2017-01776
`Patent 7,775,278 B2
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`these papers and exhibits is appropriate. See Mot. 3–7. 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, 15,
`and 16 and Exhibits 2005, 2008, 2009, and 2011.
`
`II. MOTIONS TO SEAL
`Patent Owner filed Motions to Seal, requesting to seal Papers 6, 7, 15,
`and 16 and Exhibits 2005, 2008, 2009, and 2011. Papers 9, 20. In
`connection with these two Motions to Seal, Patent Owner filed both
`confidential and public versions of these motions, as the unredacted motions
`themselves included certain confidential information (Papers 7 and 15 are
`the confidential Motions to Seal). Although the Motions to Seal did not
`expressly identify the confidential versions of these motions as papers to be
`under seal, we interpret Patent Owner’s Motions to Seal as covering these
`confidential versions of the motions.
`As noted above, we have granted the parties’ request to expunge
`Papers 6, 7, 15, and 16 and Exhibits 2005, 2008, 2009, and 2011.
`Accordingly, Patent Owner’s 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, 15, and 16 and Exhibits
`2005, 2008, 2009, and 2011 are expunged from the record; and
`FURTHER ORDERED that Patent Owner’s Motions to Seal are
`dismissed as moot.
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`IPR2017-01776
`Patent 7,775,278 B2
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`
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`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
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