`
`
`By:
`
`On behalf of:
`RED.COM, LLC
`Joseph R. Re
`Douglas G. Muehlhauser
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, 14th Floor
`Irvine, CA 92614
`Tel: (949) 760-0404
`Fax: (949) 760-9502
`E-mail: BoxRedcom7C4LP@knobbe.com
`
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`RED.COM, LLC,
`Patent Owner.
`__________________________________
`
`IPR2019-01065
`Patent 9,245,314
`__________________________________
`
`PATENT OWNER RED.COM’S UNOPPOSED MOTION TO EXPUNGE
`SEALED MATERIAL
`
`
`
`
`Apple v. RED.COM
`Patent 9,245,314 - IPR2019-01065
`
`Pursuant to 37 C.F.R. § 42.56 and the Board’s August 29, 2019 Order (Paper
`
`9) granting Owner RED.COM, LLC’s (“RED”) Motion to Seal and the November
`
`2019 Consolidated Trial Practice Guide at 21-22, RED submits this Motion to
`
`Expunge Sealed Material. RED has informed Petitioner of RED’s intention to file
`
`the present Motion, and Petitioner has indicated that it does not oppose.
`
`In its August 29, 2019 Order (Paper 9), the Board granted RED’s motion to
`
`seal the unredacted version of Exhibit 2010, “determin[ing] that there is good cause
`
`for sealing.” Paper 9 at 4. The Board also noted in that Order that “confidential
`
`information subject to a protective order ordinarily becomes public 45 days after
`
`final judgment in a trial. Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756,
`
`48,761 (Aug. 14, 2012).” Id. The Board also directed the parties to 37 C.F.R.
`
`§ 42.56, which states that “[a]fter denial of a petition to institute a trial or after final
`
`judgment in a trial, a party may file a motion to expunge confidential information
`
`from the record.” Id.
`
`The Board denied institution of inter partes review on November 8, 2019
`
`(Paper 17). Apple did not file a request for rehearing of that decision. Thus, pursuant
`
`to 37 C.F.R. § 42.56, RED hereby requests that the unredacted version of Exhibit
`
`2010 be expunged from the record.
`
`The Board did not cite or otherwise rely on any portion of Exhibit 2010 in its
`
`Decision Denying Institution. Accordingly, there is no public interest in making the
`
`-1-
`
`
`
`Apple v. RED.COM
`Patent 9,245,314 - IPR2019-01065
`
`unredacted version of Exhibit 2010 part of the public record of the proceeding.
`
`Accordingly, RED respectfully requests that the Board grant this Motion to
`
`Expunge.
`
`
`
`
`
`Dated: December 20, 2019
`
`
`
`
`
`Respectfully submitted,
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`
`
`
`By: /Doug Muehlhauser/
`Joseph R. Re (Reg. No. 31,291)
`Douglas G. Muehlhauser (Reg. No. 42,018)
`Knobbe, Martens, Olson & Bear, LLP
`E-mail: BoxRedcom7C4LP@knobbe.com
`Attorneys for Patent Owner
`RED.COM, LLC
`
`-2-
`
`
`
`Apple v. RED.COM
`Patent 9,245,314 - IPR2019-01065
`
`CERTIFICATE OF SERVICE
`
`
`
`I hereby certify that, pursuant to 37 C.F.R. § 42.6(e)(1) and agreement of the
`
`parties, a true and correct copy of the foregoing PATENT OWNER RED.COM’S
`
`UNOPPOSED MOTION TO EXPUNGE SEALED MATERIAL is being served
`
`via email on December 20, 2019 to counsel for Apple Inc. at the email addresses
`
`below:
`
`Michael S. Parsons
`michael.parsons.ipr@haynesboone.com
`Andrew S. Ehmke
`andy.ehmke.ipr@haynesboone.com
`Jordan Maucotel
`jordan.maucotel.ipr@haynesboone.com
`HAYNES AND BOONE, LLP
`2323 Victory Avenue, Suite 700
`Dallas, Texas 75219
`
`
`By: /Doug Muehlhauser/
`Joseph R. Re (Reg. No. 31,291)
`Douglas G. Muehlhauser (Reg. No. 42,018)
`Knobbe, Martens, Olson & Bear, LLP
`E-mail: BoxRedcom7C4LP@knobbe.com
`Attorneys for Patent Owner
`RED.COM, LLC
`
`
`
`Dated: December 20, 2019
`
`
`31903429
`
`
`
`-3-
`
`
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