`Tel: 571-272-7822
`
`
`
`
`Paper 70
`Entered: August 5, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
` ILLUMINA, INC.,
`Petitioner,
`v.
`THE TRUSTEES OF COLUMBIA UNIVERSITY
`IN THE CITY OF NEW YORK,
`Patent Owner.
`_______________
`
`Case IPR2018-00291 (Patent 9,718,852 B2)
`Case IPR2018-00318 (Patent 9,719,139 B2)
`Case IPR2018-00322 (Patent 9,708,358 B2)
` Case IPR2018-00385 (Patent 9,725,480 B2)1
`_______________
`
`
`Before JAMES A. WORTH and BRIAN D. RANGE, Administrative Patent
`Judges.
`
`WORTH, Administrative Patent Judge.
`
`
`ORDER
`Motions to Preserve Record Pending Appeal
`
`
`1
`The proceedings have not been consolidated. The parties are not
`authorized to use a combined caption unless an identical paper is being
`entered into each proceeding and the paper contains a footnote indicating the
`same.
`
`
`
`Cases IPR2018-00291, IPR2018-00318, IPR2018-00322, IPR2018-00385
`
`INTRODUCTION
`I.
`With Board authorization, the parties filed a joint motion to preserve
`the record under seal pending appeal in each of these proceedings. Cases
`IPR2018-00291 (Paper 70), IPR2018-00318 (Paper 72), IPR2018-00322
`(Paper 70), IPR2018-00385 (Paper 69) (“Motions to Preserve the Record”).
`In the Motions to Preserve the Record, the parties ask that the Board
`preserve the record by maintaining sealed Exhibits 2120–2124 and the
`sealed Patent Owner Response.2
`
`II. DISCUSSION
`Patent Owner was permitted to file certain information under seal in
`accordance with 37 C.F.R. § 42.54(a) such that the record contains public
`and non-public versions of certain documents and confidential exhibits. See
`Paper 37. The documents and exhibits filed under seal become publicly
`available after final judgment. See Office Patent Trial Practice Guide at 77
`Fed. Reg. 48756, 48761 (Aug. 14, 2012)). However, a party may file a
`motion to expunge confidential information from the record if wishing to
`preserve its confidentiality. 37 C.F.R. § 42.56. Here the parties ask that the
`record be preserved as is, i.e., without removal or disclosure to the public of
`the information filed under seal, during the pendency of its appeals.
`Under the present circumstances, it is reasonable to maintain the
`record undisturbed pending outcome of any appeal proceedings. At the
`
`
`2 Where the same or similar papers have been filed in multiple proceedings,
`we refer herein to the papers filed in Case IPR2018-00291, except where
`otherwise indicated. Nevertheless, we note that the same exhibit numbers,
`i.e., Exhibits 2120–2124, are referred to in the Motion to Preserve the
`Record in each of the proceedings.
`
` 2
`
`
`
`
`
`
`
`Cases IPR2018-00291, IPR2018-00318, IPR2018-00322, IPR2018-00385
`
`conclusion of any appeal proceeding, a motion to expunge the confidential
`information in the record shall be filed. If a motion to expunge is not timely
`filed, then the information filed under seal will be made public in due
`course. See Office Patent Trial Practice Guide at 77 Fed. Reg. 48756, 48761
`(Aug. 14, 2012)).
`
`III. ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that the joint Motion to Preserve the Record in each
`proceeding is granted;
`FURTHER ORDERED that the records in Cases IPR2018-00291,
`IPR2018-00318, IPR2018-00322, and IPR2018-00385 shall be preserved
`until the conclusion of any appeal proceedings;
`FURTHER ORDERED that the record in this proceeding will be
`preserved and the documents filed under seal will not be expunged or made
`public until after the completion of all appeals, or, if no Notice of Appeal is
`filed, the expiration of the period to file a Notice of Appeal; and
`FURTHERED ORDERED that the documents filed under seal in this
`proceeding will be unsealed 45 days after the conclusion of all appeals, or, if
`no Notice of Appeal is filed, 45 days after the expiration of the period to file
`a Notice of Appeal, unless, before that time, the parties file a motion to
`expunge.
`
`
`
`
` 3
`
`
`
`
`
`
`
`Cases IPR2018-00291, IPR2018-00318, IPR2018-00322, IPR2018-00385
`
`For PETITIONER:
`Kerry Taylor
`Michael Fuller
`William Zimmerman
`Nathanael Luman
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2kst@knobbe.com
`2mlf@knobbe.com
`2wrz@knobbe.com
`2nrl@knobbe.com
`
`For PATENT OWNER:
`
`John White
`Gary Gershik
`COOPER & DUNHAM, LLP
`jwhite@cooperdunham.com
`ggershik@cooperdunham.com
`
`
`John Murnane
`Justin Oliver
`VENABLE LLP
`jdmurnane@venable.com
`joliver@venable.com
`
`
` 4
`
`
`
`
`
`
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