`Tel: 571-272-7822
`
`
`Paper 44
`Entered: May 16, 2019
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNIFIED PATENTS INC.
`Petitioner,
`
`v.
`
`FALL LINE PATENTS, LLC
`Patent Owner.
`____________
`
`Case IPR2018-00043
`Patent 9,454,748 B2
`____________
`
`
`Before MICHELLE N. WORMMEESTER, SHEILA F. McSHANE, and
`JOHN R. KENNY, Administrative Patent Judges.
`
`KENNY, Administrative Patent Judge.
`
`
`
`ORDER
`Motion to Expunge, Preservation of Record in the Event of an Appeal
`37 C.F.R. § 42.56
`
`Petitioner filed a motion (Paper 40) seeking to expunge Papers 30 and
`
`31 and Exhibit 2009. Paper 40, 1. Patent Owner opposed this motion.
`Paper 41.
`
`In another order being issued concurrently, we grant the pending
`motions to seal (Papers 29 and 32) with respect to Papers 30 and 31 and
`Exhibit 2009. Therefore, Papers 30 and 31 and Exhibit 2009 shall remain
`
`
`
`IPR2018-00043
`Patent 9,454,748 B2
`
`sealed until (i) forty-five days after the termination of an appeal or (ii) forty-
`five days after the period for filing a notice of appeal has expired if no notice
`of appeal is filed. See Office Patent Trial Practice Guide, 77 Fed. Reg.
`48756, 48761; Hyperbranch Med. Techn., Inc., v. Incept LLC, IPR2016-
`10836, Paper 68, 2. We deny Petitioner’s motion to expunge (Paper 40)
`because the time period for filing a notice to appeal has not expired, and the
`record for this proceeding should be fully preserved in the event of an
`appeal.
`Petitioner may file another motion to expunge within twenty days
`after (i) the time period for filing a notice of appeal has expired if no notice
`of appeal is filed or (ii) the termination of an appeal from this proceeding if a
`notice of appeal is filed. Such motion to expunge and any opposition to it
`should address the merits of expunging Papers 30 and 31 and Exhibit 2009
`in light of the appellate record (if any) as well as the current record.
`
`Accordingly, it is:
`ORDERED that Petitioner’s Motion to Expunge (Paper 40) is
`DENIED;
`
`FURTHER ORDERED that Papers 30 and 31 and Exhibit 2009 shall
`not be expunged, and shall remain sealed until (i) forty-five days after the
`termination of an appeal from this proceeding or (ii) forty-five days after the
`period for filing a notice of appeal has expired if no notice of appeal is filed;
`and
`
`
`
`2
`
`
`
`IPR2018-00043
`Patent 9,454,748 B2
`
`
`FURTHER ORDERED that Petitioner may file another motion to
`expunge within twenty days after (i) the time period for filing a notice of
`appeal has expired if no notice of appeal is filed or (ii) the termination of any
`appeal in this proceeding if a notice of appeal is filed.
`
`
`FOR PETITIONER:
`
`David W. O’Brien
`Raghav Bajaj
`Roshan Mansinghani
`David L. McCombs
`HAYNES AND BOONE, LLP
`david.obrien.ipr@haynesboone.com
`raghav.bajaj.ipr@haynesboone.com
`roshan@unifiedpatents.com
`david.mccombs.ipr@haynesboone.com
`
`Jonathan Stroud
`Jonathan Bowser
`UNIFIED PATENTS INC.
`jonathan@unifiedpatents.com
`jbowser@unifiedpatents.com
`
`FOR PATENT OWNER:
`
`Terry L. Watt
`CROWE & DUNLEVY
`terry.watt@crowedunlevy.com
`
`Matthew J. Antonelli
`Michael E. Ellis
`Larry D. Thompson, Jr.
`Zachariah Harrington
`ANTONELLI, HARRINGTON & THOMPSON LLP
`matt@ahtlawfirm.com
`michael@ahtlawfirm.com
`
`3
`
`
`
`IPR2018-00043
`Patent 9,454,748 B2
`
`larry@ahlawfirm.com
`zac@ahtlawfirm.com
`
`
`4
`
`
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