`571-272-7822
`
`
`
`
`
`
`Paper 60
`Entered: January 19, 2023
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SAMSUNG ELECTRONICS CO. LTD.,
`SAMSUNG ELECTRONICS AMERICA, INC. and APPLE INC.,
`Petitioner,
`
`v.
`
`NEONODE SMARTPHONE LLC,
`Patent Owner.
`
`IPR2021-00144
`Patent 8,095,879 B2
`
`
`
`
`
`
`
`
`
`Before KARA L. SZPONDOWSKI, CHRISTOPHER L. OGDEN, and
`SCOTT B. HOWARD, Administrative Patent Judges.
`
`OGDEN, Administrative Patent Judge.
`
`ORDER
`Maintaining Sealed Documents Pending Appeal
`37 C.F.R. § 42.56
`
`
`
`
`
`IPR2021-00144
`Patent 8,095,879 B2
`
`
`Petitioner Samsung Electronics Co. Ltd. and Samsung Electronics
`America, Inc. (collectively, “Samsung”) sent an email on January 11, 2023
`requesting guidance on how to address the Board’s 45-day deadline for
`requesting that confidential information be expunged from the record. 1
`Ex. 3003.
`On November 30, 2022, we granted Samsung’s unopposed Motion to
`Seal which included the Patent Owner Response (Paper 37), Patent Owner
`Sur-reply (Paper 49), Exhibit 2026, and Exhibit 2028. See Paper 56.
`However, Samsung asserts that it “may want to rely on the contents of the
`sealed [material] on appeal.” Ex. 3003. Samsung represents that Patent
`Owner Neonode Smartphone LLC (“Neonode”) “does not oppose entry of
`an order in the [IPR2021]-00114 proceeding similar to that entered in the
`[IPR2021]-00145 proceeding.” Ex. 3003.
`In that related proceeding, the Board denied Samsung’s motion to
`expunge similar documents and ordered the record preserved for appeal. See
`Samsung Electronics Co. v. Neonode Smartphone LLC, IPR2021-00145,
`Paper 75 (PTAB Sept. 23, 2022). For the reasons provided in that order, the
`sealed documents in this case should likewise be preserved pending any
`
`
`1 Ordinarily, “[c]onfidential information that is subject to a protective order
`would . . . become public 45 days after denial of a petition to institute a trial
`or 45 days after final judgment in a trial,” particularly “where the existence
`of the information is . . . identified in a final written decision.” PTAB
`Consolidated Trial Practice Guide 21–22 (Nov. 2019), https://go.usa.gov/
`xpvPF. But a party may file a motion to expunge the confidential
`information under 37 C.F.R. § 42.56. Id. at 22. This rule “balances the needs
`of the parties to submit confidential information with the public interest in
`maintaining a complete and understandable file history for public notice
`purposes.” Id.
`
`
`
`2
`
`
`
`IPR2021-00144
`Patent 8,095,879 B2
`
`appeal. See id. Although the Final Written Decision does not cite the
`information under seal, these documents may be relevant to any appeal, and
`it would be inappropriate for the Board to expunge the documents at this
`time.
`
`Thus, we hereby extend the time period for filing a motion to expunge
`to 45 days after the conclusion of any appeal or remand proceedings, or—
`should no appeal be filed from the Final Written Decision in this case—45
`days after the deadline for filing a notice of appeal. In the meantime, the
`record for this proceeding will be preserved in its entirety, and the
`confidential information will remain under seal.
`
`Accordingly, it is
`ORDERED that either party may file a motion to expunge any
`material in the record no later than (1) 45 days after the final disposition of
`any appeal or remand proceedings from any such appeal, or (2) 45 days after
`the deadline for filing a notice of appeal, whichever is later; and
`FURTHER ORDERED that all information subject to the Protective
`Order in this proceeding (Paper 56; Paper 39, App’x A) will remain under
`seal until further notice.
`
`
`
`
`
`3
`
`
`
`
`
`IPR2021-00144
`Patent 8,095,879 B2
`
`For PETITIONER:
`Walter Renner
`David Holt
`FISH & RICHARDSON P.C.
`axf-ptab@fr.com
`holt2@fr.com
`
`Tiffany Miller
`James Heintz
`DLA PIPER LLP
`tiffany.miller@dlapiper.com
`jim.heintz@dlapiper.com
`
`
`For PATENT OWNER:
`Kenneth Weatherwax
`Parham Hendifar
`Patrick Maloney
`Vinson Lin
`LOWENSTEIN & WEATHERWAX LLP
`weatherwax@lowensteinweatherwax.com
`hendifar@lowensteinweatherwax.com
`maloney@lowensteinweatherwax.com
`lin@lowensteinweatherwax.com
`
`Philip J. Graves
`HAGENS BERMAN SOBOL SHAPIRO LLP
`philipg@hbsslaw.com
`
`
`
`
`4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
