throbber
Trials@uspto.gov
`571-272-7822
`
` Paper 20
` Date: November 12, 2021
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SUPERCELL OY,
`Petitioner,
`
`v.
`
`GREE, INC.,
`Patent Owner.
`____________
`
`PGR2020-00046 (Patent 10,328,347 B2)
`PGR2020-00088 (Patent 10,518,177 B2)
`PGR2021-00014 (Patent 10,583,362 B2)
`PGR2021-00034 (Patent 10,610,771 B2)
`PGR2021-00041 (Patent 10,625,149 B2)
`IPR2020-00993 (Patent 10,286,318 B2)
`IPR2020-01553 (Patent 10,076,708 B2)
`IPR2020-01619 (Patent 10,413,832 B2)
`____________
`
`Before LYNNE H. BROWNE, HYUN J. JUNG, AMANDA F. WIEKER,
`and RICHARD H. MARSCHALL, Administrative Patent Judges.1
`
`WIEKER, Administrative Patent Judge.
`
`1 This is not an expanded panel; a three judge panel is assigned to each
`captioned case. This caption is used for the Board’s convenience and may
`not be used by the parties without permission.
`
`

`

`PGR2020-00046 (Patent 10,328,347 B2)
`PGR2020-00088 (Patent 10,518,177 B2)
`PGR2021-00014 (Patent 10,583,362 B2)
`PGR2021-00034 (Patent 10,610,771 B2)
`PGR2021-00041 (Patent 10,625,149 B2)
`IPR2020-00993 (Patent 10,286,318 B2)
`IPR2020-01553 (Patent 10,076,708 B2)
`IPR2020-01619 (Patent 10,413,832 B2)
`
`
`ORDER
`Granting Motions to Expunge
`37 C.F.R. § 42.56
`
`
`The Board denied the petitions requesting inter partes or post-grant
`
`review in each captioned proceeding, except in IPR2020-00993, which was
`
`terminated prior to a decision on institution. See, e.g., PGR2021-00041,
`
`Paper 10;2 IPR2020-00993, Paper 11. “After 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.” See 37 C.F.R. § 42.56.
`
`On October 18, 2021, Petitioner filed motions to expunge certain
`
`exhibits from these proceedings. See, e.g., PGR2021-00041, Paper 13
`
`(moving to expunge Ex. 1007). Patent Owner does not oppose the motions.
`
`Ex. 3001.
`
`A strong public policy exists for maintaining public access to all
`
`information filed in these administrative proceedings. Only “confidential
`
`information” is protected from disclosure. 35 U.S.C. § 316(a)(7).
`
`Moreover, our “rules aim to strike a balance between the public’s interest in
`
`maintaining a complete and understandable file history and the parties’
`
`interest in protecting truly sensitive information.” Accordingly, a party
`
`seeking expungement of material from the record must show good cause by
`
`
`2 Similar papers appear in each captioned proceeding.
`
`
`
`2
`
`

`

`PGR2020-00046 (Patent 10,328,347 B2)
`PGR2020-00088 (Patent 10,518,177 B2)
`PGR2021-00014 (Patent 10,583,362 B2)
`PGR2021-00034 (Patent 10,610,771 B2)
`PGR2021-00041 (Patent 10,625,149 B2)
`IPR2020-00993 (Patent 10,286,318 B2)
`IPR2020-01553 (Patent 10,076,708 B2)
`IPR2020-01619 (Patent 10,413,832 B2)
`
`demonstrating that “any information sought to be expunged constitutes
`
`confidential information, and that Petitioner’s interest in expunging it
`
`outweighs the public’s interest in maintaining a complete and
`
`understandable history of this [proceeding].” Atlanta Gas Light Co. v.
`
`Bennett Regulator Guards, Inc., IPR2013-00453, Paper 97 at 2 (PTAB
`
`Apr. 15, 2015).
`
`We are persuaded that expunging the identified exhibits would protect
`
`confidential information without harming the public’s interest in maintaining
`
`a complete and understandable file history. See, e.g., Mot. 2–3. The Board
`
`did not rely upon the identified exhibits in its decisions denying institution
`
`or in the decision terminating the IPR2020-00993 proceeding. See, e.g.,
`
`PGR2021-00041, Paper 10; IPR2020-00993, Paper 11. Thus, we determine
`
`that the confidential information is not necessary to present a complete and
`
`understandable file history.
`
`ORDER
`
`
`
`Accordingly, it is:
`
`ORDERED that Petitioner’s unopposed Motion is granted in each
`
`proceeding, and the exhibits identified below shall be expunged from the
`
`record:
`
`PGR2020-00046, Exhibit 1026;
`PGR2020-00088, Exhibit 1007;
`PGR2021-00014, Exhibit 1007;
`PGR2021-00034, Exhibit 1007;
`
`3
`
`
`
`

`

`PGR2020-00046 (Patent 10,328,347 B2)
`PGR2020-00088 (Patent 10,518,177 B2)
`PGR2021-00014 (Patent 10,583,362 B2)
`PGR2021-00034 (Patent 10,610,771 B2)
`PGR2021-00041 (Patent 10,625,149 B2)
`IPR2020-00993 (Patent 10,286,318 B2)
`IPR2020-01553 (Patent 10,076,708 B2)
`IPR2020-01619 (Patent 10,413,832 B2)
`
`
`PGR2021-00041, Exhibit 1007;
`IPR2020-00993, Exhibit 1030;
`IPR2020-01553, Exhibit 1034;
`IPR2020-01619, Exhibit 1029.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`4
`
`

`

`PGR2020-00046 (Patent 10,328,347 B2)
`PGR2020-00088 (Patent 10,518,177 B2)
`PGR2021-00014 (Patent 10,583,362 B2)
`PGR2021-00034 (Patent 10,610,771 B2)
`PGR2021-00041 (Patent 10,625,149 B2)
`IPR2020-00993 (Patent 10,286,318 B2)
`IPR2020-01553 (Patent 10,076,708 B2)
`IPR2020-01619 (Patent 10,413,832 B2)
`
`PETITIONER:
`
`Brian M. Hoffman
`bhoffman@fenwick.com
`
`Jennifer Bush
`jbush-ptab@fenwick.com
`
`Kevin X. McGann
`kmcgann-ptab@fenwick.com
`
`Eric Zhou
`ezhou@fenwick.com
`
`Gregory Hopewell
`ghopewell@fenwick.com
`
`
`PATENT OWNER:
`
`John C. Alemanni
`jalemanni@kilpatricktownsend.com
`
`Andrew Rinehart
`arinehart@kilpatricktownsend.com
`
`Joshua Lee
`jlee@kilpatricktownsend.com
`
`Scott McKeown
`scott.mckeown@ropesgray.com
`
`
`
`5
`
`

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