`571-272-7822
`
`
`
`
`
`Paper No. 17
`Entered: February 27, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ALPHONSO, INC.,
`Petitioner,
`
`v.
`
`FREE STREAM MEDIA COPR. D/B/A SAMBA TV,
`Patent Owner.
`__________
`
`Case No. IPR2017-01730
`Patent No. 9,386,356 B2
`___________
`
`
`Before HUBERT C. LORIN, MICHAEL W. KIM, and
`KALYAN K. DESHPANDE, Administrative Patent Judges.
`
`LORIN, Administrative Patent Judge.
`
`
`
`
`ORDER
`Granting Patent Owner’s Motion to Expunge
`37 C.F.R § 42.5
`
`
`
`
`
`On February 12, 2018, Patent Owner filed an Unopposed Motion to
`
`Expunge “confidential versions of Patent Owner’s Preliminary Response to
`
`the Petition and Exhibits 2006, 2009–2010, 2020–2034, 2036, and 2038–
`
`2041.” Paper 16, 1.
`
`
`
`Patent Owner previously filed a Motion to Seal “request[ing] the
`
`Board to authorize the filing under seal of the confidential versions of
`
`
`
`IPR2017-01730
`Patent 9,386,356 B2
`
`Samba’s Preliminary Response to the Petition and Exhibits 2006, 2009–
`
`2010, 2020–2034, 2036, and 2038–2041.” Paper No. 8, 1. Petitioner agreed
`
`“to join, and [did] join, Patent Owner’s Motion to Seal in full.” Paper No. 9,
`
`1. In an Order (Paper 15), we denied the Motion to Seal as moot, because
`
`we did not rely on any information set forth in the confidential version of (1)
`
`the Patent Owner’s Preliminary Response (Paper 6) that was not present in
`
`the redacted version (Paper 7), or (2) any of the aforementioned Exhibits in
`
`denying the Petition to institute a trial. Paper 15, 2.
`
`
`
`Based on the record before us, we are persuaded that the need to
`
`protect the confidential information in the confidential versions of Patent
`
`Owner’s Preliminary Response (Paper 6) to the Petition and Exhibits 2006,
`
`2009, 2010, 2020–2034, 2036, and 2038–2041 outweighs the public interest
`
`in unsealing said confidential version and exhibits. Accordingly, we are
`
`persuaded that it is appropriate to expunge them from the record.
`
`
`
`We determine that it is also appropriate to expunge the confidential
`
`version of Patent Owner’s Sur-Response to the Petition (Paper 13).1 We did
`
`not rely on any information set forth in the confidential version (Paper 13) of
`
`the Patent Owner’s Sur-Response that was not present in the redacted
`
`version (Paper 12).
`
`
`
`
`
`Accordingly, it is:
`
`
`
`1 The Board authorized Petitioner’s request to file additional briefing, and
`authorized Patent Owner to file a reply to Petitioner’s additional briefing.
`Paper 10. Confidential (Paper 13) and redacted (Paper 12) versions of
`Patent Owner’s Sur-Reponse to the Petition were filed in response to
`Petitioner’s Preliminary Reply to Patent Owner’s Preliminary Response
`(Paper 11), as authorized.
`
`2
`
`
`
`IPR2017-01730
`Patent 9,386,356 B2
`
`
`ORDERED that the confidential versions of Patent Owner’s
`
`Preliminary Response to the Petition (Paper 6); Exhibits 2006, 2009, 2010,
`
`2020–2034, 2036, and 2038–2041; and, Patent Owner’s Sur-Response to
`
`Petition (Paper 13) be expunged from the record.
`
`
`
`
`
`PETITIONER:
`
`Eric Huang
`erichuang@quinnemanuel.com
`
`Tigran Guledjian
`tigranguledjian@quinnemanuel.com
`
`PATENT OWNER:
`
`Kenneth Weatherwax
`weatherwax@lowensteinweatherwax.com
`
`
`
`
`
`
`
`
`3
`
`
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