`571-272-7822
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` Paper No. 36
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` Entered: July 11, 2016
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`STEADYMED LTD.,
`Petitioner,
`
`v.
`
`UNITED THERAPEUTICS CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2016-00006
`Patent 8,497,393 B2
`____________
`
`
`
`Before LORA M. GREEN, JONI Y. CHANG, and
`JACQUELINE T. HARLOW, Administrative Patent Judges.
`
`HARLOW, Administrative Patent Judge.
`
`
`
`ORDER
`Expunging Documents Bearing an Incorrect Confidentiality Designation
`37 C.F.R. § 42.7
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`
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`
`IPR2016-00006
`Patent 8,497,393 B2
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`
`
`On July 6, 2016, Patent Owner, United Therapeutics Corporation
`(“UTC”), timely filed its Patent Owner Response to Petition (Paper 31), and
`supporting Exhibits.1 Because the Patent Owner Response to Petition and
`Exhibits 2020 and 2022 include what UTC contends to be confidential
`information, UTC filed both confidential and redacted, publicly accessible
`versions of these (as well as other) documents.2
`As the result of an inadvertent clerical error, the publicly accessible
`Redacted Patent Owner Response to Petition (Paper 32), as well as the
`publicly accessible, redacted versions of Exhibits 2020 and 2022, each bear
`a title page confidentiality designation stating that the document
`“CONTAINS PROTECTIVE ORDER MATERIAL.”
`To avoid confusion regarding the confidentiality of these filings, on
`July 7, 2016, we authorized UTC to refile the publicly accessible versions of
`the Redacted Patent Owner Response to Petition and redacted Exhibits 2020
`and 2022 with the inaccurate confidentiality designations removed. UTC
`filed the corrected documents on July 7, 2016. Accordingly, to preserve the
`clarity of the record, we issue this order expunging the inaccurately marked
`publicly accessible versions of the Redacted Patent Owner Response to
`Petition and redacted Exhibits 2020 and 2022.
`
`
`
`1 Pursuant to the parties’ stipulated request, Due Date 1 was extended to July
`6, 2016. Order on the Conduct of the Proceeding (Paper 24).
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` 2
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` UTC concurrently filed a Motion to Seal portions of these documents, as
`well as portions of Exhibit 2051. That motion remains pending.
`2
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`IPR2016-00006
`Patent 8,497,393 B2
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`
`
`It is
`ORDERED that the version of the Redacted Patent Owner Response
`to Petition (Paper 32) filed on July 6, 2016, the redacted version of Exhibit
`2020 filed on July 6, 2016, and the redacted version of Exhibit 2022 filed on
`July 6, 2016 shall each be expunged; and
`FURTHER ORDERED that the version of the Redacted Patent Owner
`Response to Petition (Paper 35) filed on July 7, 2016, the redacted version of
`Exhibit 2020 filed on July 7, 2016, and the redacted version of Exhibit 2022
`filed on July 7, 2016 shall each remain in the record.
`
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`3
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`IPR2016-00006
`Patent 8,497,393 B2
`
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`PETITIONER:
`
`Stuart E. Pollack
`Lisa A. Haile
`DLA Piper LLP
`steadymed-ipr@dlapiper.com
`
`PATENT OWNER:
`
`Stephen B. Maebius
`George Quillin
`FOLEY & LARDNER LLP
`UT393-IPR@foley.com
`smaebius@foley.com
`gquillin@foley.com
`
`Shaun R. Snader
`UNITED THERAPEUTICS CORP.
`ssnader@unither.com
`
`Douglas Carsten
`Richard Torczon
`Robert Delafield
`WILSON, SONSINI, GOODRICH & ROSATI
`dcarsten@wsgr.com
`rtorczon@wsgr.com
`bdelafield@wsgr.com
`
`4
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