`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_____________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`
`MYLAN PHARMACEUTICALS INC.,
`Petitioner,
`
`v.
`
`QUALICAPS CO., LTD,
`Patent Owner
`
`____________
`
`IPR2017-00203
`Patent 6,649,180 B1
`____________
`
`
`PATENT OWNER’S UNOPPOSED MOTION TO EXPUNGE
`CONFIDENTIAL INFORMATION
`
`
`
`
`
` DC: 6597537-2
`
`
`
`IPR2017-00203
`Patent 6,649,180 B1
`
`
`
`Patent Owner’s Unopposed Motion to Expunge
`Confidential Information
`
`As authorized by the Board in an email dated December 20, 2017, and
`
`in view of the Board’s Order terminating this proceeding (Paper 60, Dec. 19,
`
`2017), Patent Owner moves for the expungement of all confidential
`
`documents under 37 C.F.R. § 42.56.
`
`Specifically, Patent Owner moves for expungement of the following
`
`confidential exhibits: 2064 (unredacted version marked “Under Seal” in
`
`PTAB E2E), 2067, 2068, 2069, 2070, 2071, and 2072. Each of these exhibits
`
`was filed on August 30, 2017, in response to the Board’s Order granting-in-
`
`part Petitioner’s motion for additional discovery. Paper 35. Petitioner does
`
`not oppose Patent Owner’s motion to expunge.
`
`The parties do not dispute that the material in these exhibits sought to
`
`be redacted constitutes Patent Owner’s confidential information. Paper 36 at
`
`6 (Petitioner does not challenge Patent Owner’s confidentiality designations,
`
`and the parties stipulate that good cause exists to seal the evidence). The
`
`Board did not rely on any of this evidence in deciding to institute trial, and
`
`now that the proceeding has been terminated, the confidential information will
`
`not be used by the Board in making any patentability determination.
`
`Consequently, retaining the confidential information in the record serves no
`
`purpose but runs the risk of accidental public disclosure. Thus Patent Owner’s
`
`1
`
`
`
`IPR2017-00203
`Patent 6,649,180 B1
`
`
`interest in expunging the information outweighs the public’s interest in
`
`Patent Owner’s Unopposed Motion to Expunge
`Confidential Information
`
`maintaining a complete and understandable file history of this proceeding.
`
` For these reasons, good cause exists to grant Patent Owner’s motion to
`
`expunge.
`
`Dated: December 20, 2017
`
`
`
`
`Respectfully submitted,
`
` /Scott E. Kamholz/
`Jessica L. Parezo, Reg. No. 50,286
`Andrea G. Reister, Reg. No. 36,253
`Scott E. Kamholz, Reg. No. 48,543
`Michael N. Kennedy, pro hac vice
`Megan P. Keane, pro hac vice
`Covington & Burling LLP
`One CityCenter, 850 Tenth St., NW
`Washington DC 20001
`
`MaryAnne Armstrong, Reg. No. 40,069
`Lynde F. Herzbach, Reg. No. 74,886
`Birch, Stewart, Kolasch & Birch, LLP
`8110 Gatehouse Rd, Ste 100 East
`Falls Church VA 22042
`
`Counsel for Patent Owner
`
`
`
`
`2
`
`
`
`IPR2017-00203
`Patent 6,649,180 B1
`
`
`
`Patent Owner’s Unopposed Motion to Expunge
`Confidential Information
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6, I certify that on the date listed below, a
`
`copy of this paper and every exhibit filed with this paper was served on the
`
`Petitioner at the address listed below by email:
`
`Mitchell G. Stockwell
`D. Clay Holloway
`Miranda C. Rogers
`Mylan-WC-IPR@kilpatricktownsend.com
`Kilpatrick Townsend & Stockton LLP
`1100 Peachtree Street, Suite 2800
`Atlanta, GA 30309
`
`
`
`
`
`
`Dated: December 20, 2017
`
`
`
` /Scott E. Kamholz/
`Scott E. Kamholz, Reg. No. 48,543
`
`
`
`
`
`
`3
`
`
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