`571-272-7822
`
`Paper 37
`Date: March 14, 2024
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`HOPEWELL PHARMA VENTURES, INC.
`Petitioner,
`
`v.
`
`MERCK SERONO S.A.,
`Patent Owner.
`____________
`
`IPR2023-00480 (Patent 7,713,947 B2)
`IPR2023-00481 (Patent 8,377,903 B2)1
`____________
`
`
`
`Before ZHENYU YANG, ROBERT A. POLLOCK, and
`TIMOTHY G. MAJORS, Administrative Patent Judges.
`
`MAJORS, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`Granting Patent Owner’s Motion to Expunge Exhibit 2050
`37 C.F.R. §§ 42.5, 42.7
`
`
`
`
`
`1 This Order addresses issues common to both cases. The parties are not
`authorized to use this style heading for any subsequent papers.
`
`
`
`
`
`IPR2023-00480 (Patent 7,713,947 B2)
`IPR2023-00481 (Patent 8,377,903 B2)
`I.
`DISCUSSION
`On March 13, 2024, Patent Owner wrote to the Board requesting
`expungement of Exhibit 2050. Ex. 3001 (email dated March 13, 2024).
`According to Patent Owner, the as-filed version of Exhibit 2050 includes
`three paragraphs that comprise privileged information. Id. Patent Owner
`states that it inadvertently filed that version of the exhibit without redacting
`the three paragraphs in question. Id. Patent Owner asserts that the allegedly
`privileged information is not relevant to the issues in these proceedings
`before the Board. Id. Patent Owner proposes to file a substitute version of
`Exhibit 2050 that redacts the allegedly privileged information in the event
`the Board grants its request for expungement.
`Patent Owner represents that it has conferred with Petitioner about the
`request for expungement described above, and represents that Petitioner
`does not oppose the request.
`Under the circumstances, we will consider Petitioner’s request
`(Ex. 3001) as being an authorized motion. And, we find that good cause
`exists to grant that motion, which finding is premised on (a) Patent Owner’s
`unopposed representation that it inadvertently filed Exhibit 2050 in a form
`that includes the allegedly privileged information, and (b) Patent Owner’s
`promise to file a substitute, redacted-version of Exhibit 2050 if the Board
`authorizes expungement of the current, as-filed version.
`The as-filed version of Exhibit 2050 is, at present, accessible by the
`parties and the Board only, and is subject to a pending motion to seal based
`on the alleged confidential nature of information (e.g., drug development
`
`2
`
`
`
`IPR2023-00480 (Patent 7,713,947 B2)
`IPR2023-00481 (Patent 8,377,903 B2)
`plans) in that exhibit. See, e.g., Paper 19, 6–7.2 We will decide that motion
`as appropriate and in due course considering, as applicable, the substituted
`version of Exhibit 2050 that Patent Owner will file pursuant to this Order.
`II. ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that Patent Owner’s request/motion (Ex. 3001) to
`expunge Exhibit 2050 is granted;
`ORDERED that the version of Exhibit 2050 filed on December 21,
`2023, in both IPR2023-00480 and IPR2023-00481 is expunged; and
`FURTHER ORDERED that Patent Owner will, within five (5) days of
`this Order, file a substitute version of Exhibit 2050 consistent with the
`Discussion above.
`
`
`
`
`
`
`
`2 For convenience, we cite to the paper numbers from IPR2023-00480 and
`note that similar versions of those papers have been filed in IPR2023-00481.
`
`3
`
`
`
`IPR2023-00480 (Patent 7,713,947 B2)
`IPR2023-00481 (Patent 8,377,903 B2)
`FOR PETITIONER:
`
`Eldora Ellison
`Olga Partington
`Chandrika Vira
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`eellison-ptab@sternekessler.com
`opartington-ptab@sternekessler.com
`cvira-ptab@sternekessler.com
`
`
`FOR PATENT OWNER:
`
`Emily Whelan
`Deric Geng
`Cindy Kan
`Asher McGuffin
`WILMER CUTLER PICKERING HALE AND DORR LLP
`emily.whelan@wilmerhale.com
`deric.geng@wilmerhale.com
`cindy.kan@wilmerhale.com
`asher.mcguffin@wilmerhale.com
`
`4
`
`
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