`Tel: 571-272-7822
`
`Paper 71
`Entered: May 18, 2020
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`ELI LILLY AND COMPANY,
`Petitioner,
`
`v.
`
`TEVA PHARMACEUTICALS INTERNATIONAL GMBH,
`Patent Owner.
`
` Case IPR2018-01710 (Patent 8,586,045 B2)
` Case IPR2018-01711 (Patent 9,884,907 B2)
` Case IPR2018-01712 (Patent 9,884,908 B2)1
`
`Before JENNIFER MEYER CHAGNON, JAMES A. WORTH, and
`RICHARD J. SMITH, Administrative Patent Judges.
`
`
`
`
`SMITH, Administrative Patent Judge.
`
`
`
`
`DECISION
`Granting Patent Owner’s Unopposed Motions to Expunge
`37 C.F.R. § 42.56
`
`
`
`
`
`
`
`
`
`
`1 This Order addresses issues that are common to all three cases. We, therefore,
`issue a single Order that has been entered in each case.
`
`
`
`IPR2018-01710 (Patent 8,586,045 B2)
`IPR2018-01711 (Patent 9,884,907 B2)
`IPR2018-01712 (Patent 9,884,908 B2)
`
`After entry of the Final Written Decisions in the above-captioned
`
`cases, Patent Owner timely filed a motion to expunge from the record the
`confidential version of Exhibit 2257 in each of the above-captioned cases.
`Paper 70 (“Mot.”).2 The motions to expunge are not opposed by Petitioner.
`The Rules of Practice for Trial before the Patent Trial and Appeal
`
`Board provide that:
`Confidential information that is subject to a protective order
`ordinarily would become public 45 days after denial of a petition
`to institute a trial or 45 days after final judgment in a trial. There
`is an expectation that information will be made public where the
`existence of the information is referred to in a decision to grant
`or deny a request to institute a review or is identified in a final
`written decision following a trial. A party seeking to maintain
`the confidentiality of information, however, may file a motion to
`expunge the information from the record prior to the information
`becoming public.
`Patent Trial and Appeal Board Consolidated Trial Practice Guide3 21–22;
`see also 37 C.F.R. § 42.56 (“After denial of a petition to institute a trial or
`after final judgment in a trial, a party may file a motion to expunge
`confidential information from the record.”).
`Patent Owner asserts that the sealed exhibit “contains information
`relating to highly-confidential and competitively-sensitive business
`information [and] that the Board did not rely on it in its Final Written
`Decision.” Mot. 1. Patent Owner further asserts that “public disclosure of
`
`
`2 We cite to papers in IPR2018-01710 unless otherwise indicated. Patent
`Owner filed similar papers in each of the above-captioned proceedings. The
`relevant Exhibit is the confidential version of Exhibit 2257 in each of the
`proceedings.
`3 Available at https://www.uspto.gov/TrialPracticeGuideConsolidated.
`
`2
`
`
`
`IPR2018-01710 (Patent 8,586,045 B2)
`IPR2018-01711 (Patent 9,884,907 B2)
`IPR2018-01712 (Patent 9,884,908 B2)
`
`the confidential version of Exhibit 2257 would cause significant competitive
`harm not only to Patent Owner, but also to a third party who is not part of
`this proceeding.” Id. at 3.
`
`Patent Owner asserts that “[n]one of the redacted portions of the
`confidential version of Exhibit 2257 are material to this proceeding, as
`neither party cited to a confidential portion of the confidential version of
`Exhibit 2257,” and the “Board’s Final Written Decision did not cite or
`discuss Exhibit 2257.” Mot. 3–4. Patent Owner further asserts that “the
`record contains a public redacted version of Exhibit 2257 that contains all
`the information upon-which the Parties did rely.” Id. at 4. Thus, according
`to Patent Owner, “the public’s access to the redacted version of Exhibit 2257
`fulfills the public’s interest in maintaining a complete and understandable
`record, and the expungement of the confidential version of Exhibit 2257
`from the record will not diminish the public’s understanding of the Final
`Written Decision.” Id.
`
`Based on our consideration of the foregoing, we grant Patent Owner’s
`request to expunge the confidential version of Exhibit 2257 in each of the
`above-captioned proceedings.
`
`ORDER
`
`
`
`Accordingly, it is hereby
`ORDERED that Patent Owner’s Motions to Expunge are granted; and
`FURTHER ORDERED that the confidential version of Exhibit 2257
`is expunged from the record in each of the above-captioned proceedings.
`
`
`
`
`3
`
`
`
`IPR2018-01710 (Patent 8,586,045 B2)
`IPR2018-01711 (Patent 9,884,907 B2)
`IPR2018-01712 (Patent 9,884,908 B2)
`
`For PETITIONER:
`
`William Raich
`Erin Sommers
`Pier DeRoo
`Yieyie Yang
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`william.raich@finnegan.com
`erin.sommers@finnegan.com
`pier.deroo@finnegan.com
`yieyie.yang@finnegan.com
`
`Sanjay Jivraj
`Mark Stewart
`ELI LILLY & COMPANY
`jivraj_sanjay@lilly.com
`stewart_mark@lilly.com
`
`
`For PATENT OWNER:
`
`Deborah Sterling
`Robert Millonig
`Gaby Longsworth
`Jeremiah Frueauf
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`dsterling-PTAB@sternekessler.com
`bobm-PTAB@sternekessler.com
`glongs-PTAB@sternekessler.com
`jfrueauf-PTAB@sternekessler.com
`
`
`
`4
`
`
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