Takeaway:  The Board may not consider a motion to expunge allegedly confidential information subject to a protective order until after the resolution of any appeal or until after the time for appeal.

In its Decision, the Board denied Petitioner’s Motions to Expunge certain materials and ordered that the record be “preserved until after the resolution of any appeal or time for appeal.” After Final Written Decisions were issued in the related proceedings, Petitioner sought to expunge materials it deemed to be confidential.

The Board noted that the time for appeal had not yet expired in the related cases. According to the Office Patent Trial Practice Guide, “confidential information subject to a protective order ordinarily would become public 45 days ‘after final judgment in a trial.’” If after the resolution of any appeal or time for appeal any party believes material should be expunged, the Board directed such party to contact the Board.

Jiawei Tech. (HK) Ltd. et al. v. Simon Nicholas Richmond, IPR2014-00935
Paper 67: Decision Denying Petitioner’s Motions to Expunge
Dated: February 4, 2016
Patent: 8,089,370 B2
Before: William V. Saindon, Justin T. Arbes, and Barry L. Grossman
Written by: Saindon
Related Proceedings: IPR2014-00936 (Paper 69, Patent 7,196,477 B2); IPR2014-00938 (Paper 71, Patent 7,429,827 B2)