`Tel: 571-272-7822
`
`
`
`
`
`Paper 23
`Date: March 5, 2020
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`VETERINARY ORTHOPEDIC IMPLANTS, INC.,
`Petitioner,
`
`v.
`
`DEPUY SYNTHES PRODUCTS, INC.,
`Patent Owner.
`_____________
`
`IPR2019-01331 (Patent 8,523,921 B2)
`IPR2019-01332 (Patent 8,523,921 B2)
`IPR2019-01333 (Patent 8,523,921 B2)1
`_______________
`
`Before HYUN J. JUNG, CHRISTOPHER G. PAULRAJ, and
`TIMOTHY G. MAJORS, Administrative Patent Judges.
`
`MAJORS, Administrative Patent Judge.
`
`
`
`
`ORDER
`Granting Patent Owner’s Motion to Expunge
`37 C.F.R. § 42.56
`
`
`
`
`
`1 We exercise our discretion to issue one Order to be filed in each of the
`above-listed proceedings. Parties are not authorized to use this format
`absent permission of the Board.
`
`
`
`
`
`IPR2019-01331 (Patent 8,523,921 B2)
`IPR2019-01332 (Patent 8,523,921 B2)
`IPR2019-01333 (Patent 8,523,921 B2)
`
`
`
`Patent Owner moves, under 37 C.F.R. § 42.56, to expunge from the
`
`record Paper 8 (unredacted Patent Owner’s Preliminary Response) and
`
`sealed versions of Exhibits 2100–2101 and 2104–2112. IPR2019-01331,
`
`Paper 22 (“Mot.” or “Motion”).2 Patent Owner previously filed motions to
`
`seal for Paper 8 and for the above-identified exhibits (Papers 9 and 17),
`
`which we granted (Papers 15 and 19).
`
`The Board has explained that a “good cause” standard applies to
`
`motions to expunge confidential information under 37 C.F.R. § 42.56. RPX
`
`Corp. v. VirnetX Inc., IPR2014-00171, Paper 62 at 3 (PTAB Sept. 9, 2014).
`
`We conclude that Patent Owner’s motion meets that standard here. As
`
`explained previously, we were persuaded that the sealed information
`
`included “confidential information” (Papers 15 and 19), and Patent Owner
`
`contends that public disclosure of that information (e.g., detailed product
`
`research) could result in competitive harm. Mot. 3. Moreover, Patent
`
`Owner represents that the Motion is unopposed. Mot. 1. And finally, in
`
`denying institution (see Paper 18), the Board did not cite or rely on the
`
`sealed information in Paper 8 or Exhibits 2100–2101 and 2104–2112.
`
`Hence, we agree with Patent Owner that the public’s interest in a complete
`
`and understandable record is not impaired by expunging the identified paper
`
`and exhibits here. Mot. 3–4; Celltrion, Inc. v. Genentech, Inc., IPR2016-
`
`01667, Paper 31 at 3 (PTAB July 23, 2018).
`
`
`
`2
`
`
` Patent Owner filed parallel motions in the two related cases (IPR2019-
`01332 (Paper 21) and IPR2019-01333 (Paper 21)).
`
`2
`
`
`
`IPR2019-01331 (Patent 8,523,921 B2)
`IPR2019-01332 (Patent 8,523,921 B2)
`IPR2019-01333 (Patent 8,523,921 B2)
`
`It is
`
`ORDERED that Patent Owner’s Motion to Expunge is granted as
`
`provided above; and
`
`FURTHER ORDERED that Paper 8 (unredacted Patent Owner’s
`
`Preliminary Response) and sealed versions of Exhibits 2100–2101 and
`
`2104–2112 will be expunged.
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`IPR2019-01331 (Patent 8,523,921 B2)
`IPR2019-01332 (Patent 8,523,921 B2)
`IPR2019-01333 (Patent 8,523,921 B2)
`
`FOR PETITIONER:
`
`
`Jeff Schwartz
`Ryan Miller
`FOX ROTHSCHILD LLP
`jeschwartz@foxrothschild.com
`miller@foxrothschild.com
`
`FOR PATENT OWNER:
`
`Michael Fleming
`Ellisen Turner
`Hong Zhong
`Andrew Krause
`IRELL & MANELLA LLP
`mfleming@irell.com
`eturner@irell.com
`hzhong@irell.com
`akrause@irell.com
`
`
`4
`
`
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