`571-272-7822
`
`
`
`
`
`
`
`Paper 32
`Entered: September 27, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`OPENTV, INC.,
`Patent Owner.
`
`
`Case IPR2015-00969 (Patent 5,884,033)
`Case IPR2015-00980 (Patent 5,566,287)
`Case IPR2015-01031 (Patent 7,900,229 B2)1
`
`
`
`
`
`
`
`
`
`
`Before JAMES B. ARPIN, DAVID C. MCKONE, and SCOTT C. MOORE,
`Administrative Patent Judges.
`
`ARPIN, Administrative Patent Judge.
`
`
`
`
`DECISION
`Granting Joint Requests to Expunge
`37 C.F.R. §§ 42.5(a), 42.5(b), and 42.56
`
`
`
`
`
`1 This Decision applies to each of the listed cases. We exercise our
`discretion to issue one Decision to be docketed in each case. The parties,
`however, are not authorized to use this caption for any subsequent papers.
`
`
`
`
`
`IPR2015-00969 (Patent 5,884,033)
`IPR2015-00980 (Patent 5,566,287)
`IPR2015-01031 (Patent 7,900,229 B2)
`
`
`DISCUSSION
`The parties jointly filed various exhibits (the “supporting exhibits”) in
`support of their Joint Motions to Terminate Proceedings in each of the
`above-captioned proceedings. See IPR2015-00969, Paper 22; IPR2015-
`00980, Paper 21; IPR2015-01031, Paper 22. The supporting exhibits were
`filed either for “Board Only” or for “Board and Parties Only.” On
`September 10, 2016, we issued a Decision denying the Joint Motions to
`Terminate Proceedings. IPR2015-00969, Paper 29; IPR2015-00980, Paper
`28; IPR2015-01031, Paper 29. In that Decision, we authorized the parties to
`file joint motions to expunge the supporting exhibits within ten (10) business
`days of the entry of the Decision, i.e., on or before September 23, 2016.
`IPR2015-00969, Paper 29, 6; IPR2015-00980, Paper 28, 6; IPR2015-01031,
`Paper 29, 6. The parties timely filed the authorized joint motions (the “Joint
`Requests to Expunge”) requesting that we expunge the following exhibits
`from each proceeding:
`Exhibits to be Expunged
`Proceeding
`1013 and 2008–2012
`IPR2015-00969
`1015 and 2008–2012
`IPR2015-00980
`1021 and 2003–2007
`IPR2015-01031
`IPR2015-00969, Paper 31, 1; IPR2015-00980, Paper 30, 1; IPR2015-01031,
`Paper 30, 1. Because these exhibits allegedly include confidential
`information, because we denied the parties’ Joint Motions to Terminate
`Proceedings, and because the parties chose not to file requests for rehearing
`of our Decision denying the Joint Motions to Terminate Proceedings, we
`grant the parties’ joint request to expunge these exhibits.
`
`2
`
`
`
`IPR2015-00969 (Patent 5,884,033)
`IPR2015-00980 (Patent 5,566,287)
`IPR2015-01031 (Patent 7,900,229 B2)
`
`
`ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that the parties’ Joint Request to Expunge are granted;
`
`and
`
`FURTHER ORDERED that Exhibits 1013 and 2008–2012 are
`expunged from the record of IPR2015-00969, Exhibits 1015 and 2008–2012
`are expunged from the record of IPR2015-00980, and Exhibits 1021 and
`2003–2007 are expunged from the record of IPR2015-01031.
`
`
`
`
`
`3
`
`
`
`IPR2015-00969 (Patent 5,884,033)
`IPR2015-00980 (Patent 5,566,287)
`IPR2015-01031 (Patent 7,900,229 B2)
`
`PETITIONER:
`Mark E. Miller
`Ryan K. Yagura
`Brian M. Cook
`Xin-Yi Zhou
`J. Kevin Murray
`Anne E. Huffsmith
`O’MELVENY & MYERS LLP
`markmiller@omm.com
`ryagura@omm.com
`bcook@omm.com
`vzhou@omm.com
`kmurray@omm.com
`ahuffsmith@omm.com
`
`PATENT OWNER:
`Erika H. Arner
`Joshua L. Goldberg
`Alyssa Holtslander
`Daniel Tucker
`
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`erika.arner@finnegan.com
`joshua.goldberg@finnegan.com
`alyssa.holtslander@finnegan.com
`daniel.tucker@finnegan.com
`
`4
`
`
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