`Trials@uspto.gov
`571-272-7822 Entered: June 1, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`NOVEN PHARMACEUTICALS, INC.
`and MYLAN PHARMACEUTICALS INC.,
`Petitioner,
`
`v.
`
`NOVARTIS AG and LTS LOHMANN THERAPIE-SYSTEME AG,
`Patent Owner.
`____________
`
`Case IPR2014-005491 (Patent 6,316,023 B1)
`Case IPR2014-005502 (Patent 6,335,031 B1)
`
`____________
`
`
`Before FRANCISCO C. PRATS, ERICA A. FRANKLIN, and
`CHRISTOPHER G. PAULRAJ, Administrative Patent Judges.
`
`FRANKLIN, Administrative Patent Judge.
`
`DECISION
`Granting Patent Owner’s Motions to Seal Portions of Patent Owner’s
`Motion for Observations on Cross-Examination of Agis Kydonieus, Ph.D.
`and Exhibit 1049
`37 C.F.R. § 42.54
`
`
`
`
`
`
`
`1 Case IPR2015-00265 has been joined with this proceeding.
`2 Case IPR2015-00268 has been joined with this proceeding.
`
`
`
`IPR2015-00549 (Patent 6,316,023 B1)
`IPR2015-00550 (Patent 6,335,031 B1)
`
`
`INTRODUCTION
`
`
`
`In each of the proceedings, Patent Owner filed an “Unopposed Motion
`
`to Seal Portions of Patent Owner’s Motion for Observations on Cross-
`Examination of Agis Kydonieus, Ph.D. and Exhibit 1049.” Paper 42
`(IPR2014-00549) and Paper 41 (IPR2014-00550) (collectively, “Motion”).
`In the Motion, Patent Owner moves to seal portions of the deposition
`transcript of Dr. Kydonieus (Exhibit 1049) and corresponding portions of
`Patent Owner’s Motion for Observations on Cross-Examination of Dr.
`Kydonieus (Papers 43, 44, “Patent Owner’s Motion for Observations”). For
`the reasons stated below, the Motions are granted.
`DISCUSSION
`Patent Owner must show good cause for the relief requested,
`including why the information is appropriate to be filed under seal. 37
`C.F.R. § 42.54. The Office Patent Trial Practice Guide notes that 37 C.F.R.
`§ 42.54 identifies confidential information in a manner consistent with
`Federal Rule of Civil Procedure 26(c)(1)(G), which provides for protective
`orders for trade secret or other confidential research, development, or
`commercial information. 77 Fed. Reg. at 48,760.
`In the Motion, Patent Owner asserts that portions of Exhibit 1049 and
`Patent Owner’s Motion for Observations address Patent Owner’s
`confidential information contained in Exhibits 1033–1036. Motion 1. 3
`Exhibits 1033–1036 contain sensitive confidential research and development
`information, including Patent Owner’s proprietary, internal test methods and
`
`
`3 Exhibits 1033–1036 and 1049 are the same in both IPR2014-00549 and
`IPR2014-00550.
`
`2
`
`
`
`
`IPR2015-00549 (Patent 6,316,023 B1)
`IPR2015-00550 (Patent 6,335,031 B1)
`
`test data for rivastigmine transdermal formulations, and were previously
`filed under seal. Petitioner does not oppose the Motion.
`Upon considering the portions of Exhibit 1049 and Patent Owner’s
`Motion for Observations that Patent Owner proposes to seal, we determine
`that Patent Owner has shown good cause for the relief requested.
`
`
`
`
`ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that Patent Owner’s Unopposed Motions to Seal Portions
`of Patent Owner’s Motion for Observations on Cross-Examination of Agis
`Kydonieus, Ph.D. and portions of Exhibit 1049 are granted.
`
`
`
`PETITIONER:
`
`Steven J. Lee
`Michael K. Levy
`Christopher J. Coulson
`KENYON & KENYON LLP
`slee@kenyon.com
`mlevy@kenyon.com
`ccoulson@kenyon.com
`
`Joseph Reisman
`Jay Deshmukh
`William R. Zimmerman
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`BoxMylan@knobbe.com
`
`
`
`
`
`
`3
`
`
`
`
`IPR2015-00549 (Patent 6,316,023 B1)
`IPR2015-00550 (Patent 6,335,031 B1)
`
`PATENT OWNER:
`
`Raymond R. Mandra
`Nicholas N. Kallas
`FITZPATRICK, CELLA, HARPER & SCINTO
`ExelonPatchIPR@fchs.com
`
`
`
`
`4
`
`
`