`571.272.7822
`
` Filed: July 13, 2018
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`COHERUS BIOSCIENCES, INC.,
`Petitioner
`
`v.
`
`HOFFMANN-LAROCHE INC.,
`Patent Owner
`____________
`
`Case IPR2017-01916 (Patent 8,163,522 B1)
`Case IPR2017-02066 (Patent 8,063,182 B1)
`____________
`
`
`
`Before SUSAN L. C. MITCHELL, TINA E. HULSE, and
`WESLEY B. DERRICK, Administrative Patent Judges.
`
`MITCHELL, Administrative Patent Judge.
`
`
`DECISION
`Patent Owner’s Motions to Expunge Confidential Information
`37 C.F.R. § 42.56
`
`
`
`
`
`
`
`
`
`
`
`IPR2017-01916 (Patent 8,163,522 B1)
`IPR2017-02066 (Patent 8,063,182 B1)
`
`In each of the above-referenced cases, IPR2017-01916 and
`
`IPR2017-02066, Patent Owner Hoffman-La Roche, Inc. (“Patent Owner”)
`filed Motions to Seal under 37 C.F.R. §§ 42.14 and 42.54, Exhibits 2083 and
`2097 that Patent Owner represented contain certain proprietary information
`from a third party. See IPR2017-02066, Paper 12, 1 (citing Paper 8).1
`Petitioner did not file any opposition. As Patent Owner notes, we dismissed
`Patent Owner’s Motions to Seal as moot because we did not rely on Exhibits
`2083 or 2097 in our decisions denying institution, and authorized Patent
`Owner to file motions to expunge these exhibits. Paper 12, 1 (citing Paper
`11, 20). Patent Owner also notes that Exhibits 2111 and 2112, which are
`redacted versions of Exhibits 2083 and 2907, respectively, are not subject to
`its Motions to Expunge and will remain a part of the public record of the
`above-referenced cases. Paper 12, 2. Patent Owner requests that we
`expunge Exhibits 2083 and 2097 in their entirety. Id.
`After considering the Motions to Expunge in each of the above
`referenced cases, in view of our lack of reliance on Exhibits 2083 and 2097
`in our decisions denying institution and the fact that redacted versions of
`each of Exhibits 2083 and 2097 remains in the public record, we grant
`Patent Owner’s Motions to Expunge.
`
`
`
`
`1 Because Patent Owner filed nearly identical Motions to Expunge Exhibits
`2083 and 2097 in each of the above-referenced cases, we will treat both
`Motions in this single decision, discussing IPR2017-02066 as representative
`and referring to the papers and exhibits in IPR2017-02066 in this decision.
`
`2
`
`
`
`IPR2017-01916 (Patent 8,163,522 B1)
`IPR2017-02066 (Patent 8,063,182 B1)
`
`
`IV. ORDER
` Accordingly, it is hereby:
`ORDERED that Patent Owner’s Motions to Expunge in IPR2017-
`01916 and IPR2017-02066 are granted;
`FURTHER ORDERED that Exhibits 2083 and 2097 be expunged
`from the record in each of IPR2017-01916 and IPR2017-02066.
`
`
`3
`
`
`
`IPR2017-01916 (Patent 8,163,522 B1)
`IPR2017-02066 (Patent 8,063,182 B1)
`
`PETITIONER:
`Joseph A. Hynds
`Seth E. Cockrum, Ph.D.
`Jennifer P. Nock
`Brett A. Postal
`ROTHWELL, FIGG, ERNST & MANBECK, P.C.
`jhynds@rfem.com
`scockrum@rfem.com
`jnock@rfem.com
`bpostal@rfem.com
`
`PATENT OWNER:
`Jeffrey P. Kushan
`Peter S. Choi
`SIDLEY AUSTIN LLP
`jkushan@sidley.com
`Peter.choi@sidley.com
`
`David I. Berl
`Aaron P. Mauer
`Thomas S. Fletcher
`WILLIAMS & CONNOLLY LLP
`dberl@wc.com
`amauer@wc.com
`tfletcher@wc.com
`
`
`
`
`
`4
`
`
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