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`UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`UNIFIED PATENTS INC.
`Petitioner
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`v.
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`FALL LINE PATENTS, LLC
`Patent Owner
`__________________
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`Case IPR2018-00043
`Patent 9,454,748
`__________________
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`PATENT OWNER’S RESPONSE TO PETITIONER’S
`MOTION TO EXPUNGE
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`Unified Patents omits key history from its motion to expunge filed earlier
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`today (Paper No. 40):
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`1.
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`In view of the default rule of public access, the PTAB already ruled
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`that a sufficient showing had not been made as to why the subject materials (Paper
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`30, Paper 31, and Exhibit 2009) should be sealed. Nevertheless, the PTAB
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`provided Unified Patents an additional opportunity to show that these materials
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`should be sealed. See Paper 33 at 2-3.
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`2.
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`Despite being provided this opportunity to meet its burden, Unified
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`Patents failed to do so. See Paper 36.
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`3.
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`Patent Owner specifically opposed Unified Patents’ bid to have these
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`materials sealed given Unified Patents’ failure to establish good cause to depart
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`from the default rule of public access. See Paper 39 at 2-3.
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`In its motion to expunge, Unified Patents mentions none of this. Because
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`Unified Patents failed to meet its burden to justify sealing these materials as an
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`initial matter, the Board should reject its bid to now have them expunged.
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`Dated: May 14, 2019
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`Respectfully submitted,
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`__/Michael D. Ellis/__
`Michael D. Ellis
`Reg. No. 72,628
`Counsel for Patent Owner
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6, the undersigned certifies that on May 14, 2019,
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`IPR2018-0043
`Patent 9,454,748
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`the foregoing document was served via email on counsel for Petitioner:
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`HAYNES AND BOONE, LLP
`David O’Brien (David.obrien.ipr@haynesboone.com)
`Raghav Bajaj (Raghav.bajaj.ipr@haynesboone.com)
`David McCombs (David.mccombs.ipr@haynesboone.com)
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`UNIFIED PATENTS INC.
`Jonathan Stroud (jonathan@unifiedpatents.com)
`Roshan Mansinghani (roshan@unifiedpatents.com)
`Jonathan Bowser (jbowser@unifiedpatents.com)
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`__/Michael D. Ellis/___
`Michael D. Ellis
`Counsel for Patent Owner
`Reg. No. 72,628
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