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`Filed: March 19, 2021
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`RPX CORPORATION,
`Petitioner
`v.
`APPLICATIONS IN INTERNET TIME, LLC,
`Patent Owner
`_____________________
`IPR2015-01750
`Patent 8,484,111 B2
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`IPR2015-01751
`IPR2015-01752
`Patent 7,356,482 B2
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`PATENT OWNER’S OPPOSITION
`TO PETITIONER’S MOTION
`TO EXPUNGE CONFIDENTIAL INFORMATION
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`Pursuant to 37 C.F.R. § 42.25, Patent Owner Applications in Internet Time,
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`LLC (“AIT”) submits this opposition to Petitioner RPX Corporation’s (“RPX’s”)
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`Motion to expunge from the record the confidential information that the Board
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`previously ordered sealed in these proceedings (“Mot.”). AIT respectfully requests
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`that the Board deny RPX’s motion to expunge the confidential information, and
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`instead maintain that confidential information in the sealed record.
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`The parties agree that keeping the information in the confidential record is
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`an adequate measure to prevent any alleged harm that might come to RPX should
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`the information be disclosed to the public. Indeed, RPX moves, in the alternative,
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`for the sealed documents to be kept confidential. Mot. at 1, 13. Moreover, RPX
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`does not articulate any reason why the information should be entirely expunged
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`rather than kept sealed. RPX even requests expungement of Board decisions, such
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`as the decision to institute (Paper 51) and the decision on remand (Paper 123),
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`without providing any precedent for expungement of such decisions. Id. at 2, 6.
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`Maintaining the information in the confidential record, rather than
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`expunging it entirely, serves the important function of permitting the Board to
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`review a full record in future determinations regarding real party in interest and
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`time bar under 35 U.S.C. § 315(b). The Board recognized the importance of its
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`decision in the present proceedings, first by reassigning these cases to the most
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`senior administrative patent judges available, and later by designating its decision
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`on remand as precedential. Paper 122 at 3; Paper 128 at 1 (precedential
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`designation, Dec. 4, 2020). As RPX concedes, the Board expressly relied on many
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`of the documents that RPX now seeks to expunge from the record entirely, without
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`even a redacted version remaining available. Mot. at 11–12. Thus, “because these
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`[documents] do relate to a decision made by the Board … it is prudent to retain
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`these details in the record as they may be relevant to future related proceedings,
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`albeit in the confidential record,” and “because they provide the factual
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`underpinnings” for a precedential decision of the Board. Unified Patents Inc. v.
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`Cellular Comms. Equipment LLC, Case IPR2018-00091, Paper 37 at 9 (Oct. 3,
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`2019); see also Ericsson Inc. v. Regents of the University of Minnesota, Case
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`IPR2017-01186, Paper 62 at 3 (Dec. 18, 2020) (denying motion to expunge, while
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`retaining confidential documents under seal, where documents “provide[d] the
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`basis for certain findings and conclusions,” and therefore “it would not be
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`appropriate to expunge the confidential versions of those documents from the
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`record.”).
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`In conclusion, the Board should deny RPX’s motion to expunge, and
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`maintain the sealed information in the confidential record.
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`Respectfully Submitted,
`By:/Steven C. Sereboff/
`Steven C. Sereboff
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`Date: March 19, 2021
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`ssereboff@socalip.com
`SoCal IP Law Group LLP
`310 N. Westlake Boulevard
`Suite 120
`Westlake Village, CA 91362
`Tele: (805) 230-1350 • Fax: (805) 230-1355
`Attorneys for Applications In Internet Time
`LLC
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`Dated: March 19, 2021
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`By: /Anneliese Lomonaco/
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`Anneliese Lomonaco
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`Paralegal at SoCal IP Law Group
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`CERTIFICATE OF SERVICE
`The undersigned hereby certifies that a copy of this “PATENT OWNER’S
`OPPOSITION TO PETITIONER’S MOTION TO EXPUNGE CONFIDENTIAL
`INFORMATION” has been served via email on March 19, 2021, upon the
`following:
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`Richard F. Giunta
`RGiunta-PTAB@wolfgreenfield.com
`Elisabeth H. Hunt
`EHunt-PTAB@wolfgreenfield.com
`Randy J. Pritzker
`RPritzker-PTAB@wolfgreenfield.com
`Michael N. Rader
`MRader-PTAB@wolfgreenfield.com
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