`571-272-7822
`
`
`Paper 64
`Entered: January 12, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SONY CORPORATION,
`Petitioner,
`
`v.
`
`RAYTHEON COMPANY,
`Patent Owner.
`____________
`
`Case IPR2015-01201
`Patent 5,591,678
`____________
`
`Before JO-ANNE M. KOKOSKI, JENNIFER MEYER CHAGNON, and
`JEFFREY W. ABRAHAM Administrative Patent Judges.
`
`CHAGNON, Administrative Patent Judge.
`
`
`ORDER
`Granting Patent Owner’s Unopposed Motion to
`Preserve the Record Pending Appeal
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`IPR2015-01201
`Patent 5,591,678
`
`
`A Final Written Decision was issued in the above-referenced
`proceeding on November 30, 2016, determining that Petitioner has shown,
`by a preponderance of the evidence, that claims 1–18 of U.S. Patent No.
`5,591,678 are unpatentable. Paper 59 (sealed version); Paper 62 (redacted
`version). Pursuant to our authorization, on January 10, 2017 Patent Owner
`filed a Motion for Preservation of the Record. Paper 63 (“Motion” or
`“Mot.”). Patent Owner indicates that Petitioner does not oppose the Motion.
`Mot. 3. Patent Owner’s motion to preserve the record for appeal is granted.1
`We previously granted the parties’ motions to file certain documents
`under seal. See Paper 62, 49–50. Those documents ordinarily would
`become public 45 days after the Final Written Decision is entered. Office
`Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,761 (Aug. 14, 2012). If
`a party wishes to preserve the confidentiality of documents filed under seal,
`the party may file a motion to expunge them from the record. 37 C.F.R.
`§ 42.56. According to Patent Owner, the parties have until February 1, 2017
`to file a notice of appeal, which is after the date to unseal or expunge the
`sealed documents (i.e., January 14, 2017). Mot. 3; see also 37 C.F.R.
`§ 90.3(a)(1) (“The notice of appeal filed pursuant to 35 U.S.C. 142 must be
`filed with the Director of the United States Patent and Trademark Office no
`later than sixty-three (63) days after the date of the final Board decision.”).
`Patent Owner “requests that the entire docket in this proceeding be
`preserved pending a possible appeal, including preservation of all sealed
`
`
`1 Patent Owner also, “to the extent that the Board denies the motion to
`preserve, . . . alternatively move[s] to expunge all sealed portions of the
`record in this proceeding.” Mot. 4–5. In view of our granting Patent
`Owner’s motion to preserve the record for appeal, Patent Owner’s
`alternative motion to expunge is denied as moot.
`
`
`
`IPR2015-01201
`Patent 5,591,678
`
`documents in non-public form.” Mot. 3. Patent Owner argues that “[i]f the
`record is not preserved in its entirety including any sealed portions and an
`appeal is taken, the Federal Circuit may not be able to fully consider the
`issues discussed in the Final Written Decision, which would cause prejudice
`to the Parties.” Id. at 4.
`Based on the facts and circumstances in this case, it is appropriate to
`preserve the record until after the completion of all appeals, if any. We
`hereby authorize Patent Owner to file a renewed motion to expunge sealed
`documents within 45 days of the conclusion of all appeals, or, if no Notice
`of Appeal is filed, within 45 days of the expiration of the period to file a
`Notice of Appeal.
`
`Accordingly, it is:
`ORDERED that Patent Owner’s motion to preserve the record
`pending appeal (Paper 63) is granted;
`FURTHER ORDERED Patent Owner’s motion to expunge is denied
`as moot;
`FURTHER ORDERED that the record in this proceeding will be
`preserved and the documents filed under seal will not be expunged or made
`public until at least 45 days after the completion of all appeals, or, if no
`Notice of Appeal is filed, at least 45 days after the expiration of the period to
`file a Notice of Appeal; and
`FURTHER ORDERED that Patent Owner is authorized file a
`renewed motion to expunge sealed documents within 45 days of the
`conclusion of all appeals, or, if no Notice of Appeal is filed, within 45 days
`of the expiration of the period to file a Notice of Appeal.
`
`
`
`IPR2015-01201
`Patent 5,591,678
`
`PETITIONER:
`Matthew A. Smith
`Zhuanjia Gu
`TURNER BOYD LLP
`smith@turnerboyd.com
`gu@turnerboyd.com
`
`Robert Hails
`T. Cy Walker
`BAKER & HOSTETLER LLP
`rhails@bakerlaw.com
`cwalker@bakerlaw.com
`
`
`PATENT OWNER:
`Thomas J. Filarski
`Stanley A. Schlitter
`John L. Abramic
`Daniel S. Stringfield
`David L. Hecht
`Brian Fahrenbach
`STEPTOE & JOHNSON, LLP
`tfilarski@steptoe.com
`678IPR@steptoe.com
`sschlitter@steptoe.com
`jabramic@steptoe.com
`dstringfield@steptoe.com
`dhecht@steptoe.com
`bfahrenbach@steptoe.com
`
`
`
`
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