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`Paper No. 14
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`COHERUS BIOSCIENCES, INC.,
`Petitioner,
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`v.
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`HOFFMANN-LA ROCHE INC.,
`Patent Owner.
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`Inter Partes Review No. IPR2017-01916
`Patent No. 8,163,522
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`PATENT OWNER’S MOTION TO EXPUNGE
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`IPR2017-01916
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`Patent Owner’s Motion to Expunge
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`I.
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`Statement of Precise Relief Requested Under § 42.22(a)(1)
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`Patent Owner Hoffman-La Roche, Inc. (“Patent Owner”) moves to
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`expunge Exhibits 2083 and 2097 from the record in their entirety, as
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`authorized by the Board in its Decision Denying Institution. Paper 13 at 24.
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`II.
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`Statement of Reasons for Relief Requested Under § 42.22(a)(2)
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`As explained in Patent Owner’s Motion to Seal under 37 C.F.R. §§ 42.14
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`and 42.54, Exhibits 2083 and 2097 contain certain proprietary information from a
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`third party that, among other things, collects and maintains pharmaceutical sales
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`and prescription data. Paper 10. That third party has not provided Patent Owner
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`with permission to make this proprietary information available to the public at
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`large. Id. at 1.
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`On March 9, 2018, the Board issued its decision denying institution of
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`IPR2017-01916. Because Exhibits 2083 and 2097 were not relied on by the Board
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`in rendering its decision, the Board denied Patent Owner’s Motion to Seal as moot.
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`Paper 13 at 24 (“We did not rely on Exhibits 2083 or 2097 in rendering this
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`decision. Accordingly, we dismiss as moot the Motion to Seal.”).
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`The Board also granted Patent Owner leave to file a motion to expunge
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`Exhibits 2083 and 2097 within 30 days of the decision. Paper 13 at 24 (“Patent
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`Owner is authorized to file a motion to expunge Exhibits 2083 and 2097 within
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`thirty days of the date of this decision, or within thirty days of a decision on
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`IPR2017-01916
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`Patent Owner’s Motion to Expunge
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`rehearing, if rehearing is requested.”); see also 37 C.F.R. § 42.56 (“After denial of
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`a petition to institute a trial or after final judgment in a trial, a party may file a
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`motion to expunge confidential information from the record.”). Accordingly, this
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`motion is timely filed.
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`Exhibits 2111 and 2112, which are redacted versions of Exhibits 2083 and
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`2097, respectively, were submitted by Patent Owner with its Preliminary Response
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`and will remain on the publicly available record. Redacted versions of documents
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`that contain confidential information “strike[] the appropriate balance between the
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`public’s interest in maintaining a complete and understandable file history and the
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`parties’ interest in protecting sensitive information.” RPX Corp. v. VirnetX, Inc.,
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`Case No. IPR2014-00171, Paper 53, at 2 (PTAB June 30, 2014). Exhibits 2083
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`and 2097 are not required for a complete understanding of the record because the
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`Board did not rely on these exhibits. See Paper 13 at 24.
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`III. Conclusion
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`Patent Owner respectfully requests that the Board grant Patent Owner’s
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`motion to expunge Exhibits 2083 and 2097 from the record in their entirety.
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`Dated: March 23, 2018
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`Respectfully Submitted,
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`/Jeffrey P. Kushan /
`Jeffrey P. Kushan
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`IPR2017-01916
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`Patent Owner’s Motion to Expunge
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`Reg. No. 43,401
`Sidley Austin LLP
`1501 K Street, N.W.
`Washington, DC 20005
`jkushan@sidley.com
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`Lead Counsel for Patent Owner
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`IPR2017-01916
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`Patent Owner’s Motion to Expunge
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`CERTIFICATE OF SERVICE
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`I hereby certify that on March 23, 2018, I caused to be served a true and
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`correct copy of the foregoing materials by e-mail on the following counsel:
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`jhynds@rfem.com
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`scockrum@rfem.com
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`litigationparalegals@rothwellfig.com
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`Dated: March 23, 2018
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`Respectfully Submitted,
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`/Jeffrey P. Kushan/
`Jeffrey P. Kushan
`Reg. No. 43,401
`Sidley Austin LLP
`1501 K Street, N.W.
`Washington, DC 20005
`jkushan@sidley.com
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`
`Lead Counsel for Patent Owner
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