`571.272.7822
`
`
`
`
`
` Paper No. 9
`Filed: October 11, 2016
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE INC.,
`Petitioner,
`
`v.
`
`SMARTFLASH LLC,
`Patent Owner.
`____________
`
`Case CBM2015-00143
`Patent 8,794,516 B2
`____________
`
`Before JENNIFER S. BISK, RAMA G. ELLURU, and
`GREGG I. ANDERSON, Administrative Patent Judges.
`
`ANDERSON, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of Proceedings
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`CBM2015-00143
`Patent 8,794,516 B2
`
`I. INTRODUCTION
`
`On May 13, 2015, in CBM2015-00143, Google Inc. (“Petitioner”)
`filed: a Petition (Paper 1); a redacted Petition (Paper 2); and a Motion to
`Seal and for Entry of a Protective Order (“Motion” or “Mot.,” Paper 4).
`Smartflash LLC (“Patent Owner”) did not oppose the Motion. Petitioner
`filed the Motion pursuant to 37 C.F.R. §42.14, requesting the Board seal
`Exhibit 1016, filed under seal, and the unredacted Petition, also filed under
`seal. Mot. 1. Exhibit 1016 contains excerpts from the Patent Owner’s
`infringement contentions served in the underlying litigation. Id. According
`to Petitioner, Patent Owner contends that these infringement contentions
`contain its confidential analysis and has designated them confidential
`pursuant to the Protective Order entered in the district court litigation. Id.
`The unredacted Petition refers to Exhibit 1016. Id. We denied the petition
`in this proceeding (Paper 8), and did not act upon the Motion before denying
`the petition.
`
`II. DISCUSSION
`Pursuant to 37 C.F.R. §42.14, documents filed under seal are sealed in
`the record pending decision on the motion to seal.
`Upon denial of a petition, a party is authorized to file a motion to
`expunge confidential information from the record. See 37 C.F.R. § 42.56.
`Neither party has filed a motion to expunge.
`We, however, have authority to “determine a proper course of
`conduct” in a proceeding under 37 C.F.R. § 42.5. Because we denied the
`petition in this proceeding, we determine that there is no need to now act
`upon the Motion and keep the sealed documents in the record. Accordingly,
`
`
`
`CBM2015-00143
`Patent 8,794,516 B2
`we determine the proper course of conduct is to expunge the unredacted
`Petition (Paper 1) and Exhibit 1016.
`
`III. ORDER
`
`Accordingly, it is
`ORDERED that the Motion is denied; and
`FURTHER ORDERED that the unredacted Petition (Paper 1) and
`Exhibit 1016 are expunged.
`
`
`
`
`
`CBM2015-00143
`Patent 8,794,516 B2
`FOR PETITIONER:
`
`Raymond N. Nimrod
`Andrew M. Holmes
`QUINN EMANUEL URQUHART & SULLIVAN, LLP
`raynimrod@quinnemanuel.com
`QE-SF-PTAB-Service@quinnemanuel.com
`
`
`
`FOR PATENT OWNER:
`
`Michael R. Casey
`Wayne M. Helge
`DAVIDSON BERQUIST JACKSON & GOWDEY, LLP
`mcasey@dbjg.com
`whelge@davidsonberquist.com
`Smartflash-CBM@dbjg.com
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