`____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________________
`
`MYLAN PHARMACEUTICALS INC. and AMNEAL PHARMACEUTICALS
`LLC,
`
`Petitioners
`v.
`YEDA RESEARCH AND DEVELOPMENT CO. LTD.
`
`Patent Owner
`____________________________
`
`Case No. IPR2015-00643 (8,232,250 B2)
`Case No. IPR2015-00644 (8,399,413 B2)
` Case No. IPR2015-00830 (8,969,302 B2)1, 2
`____________________________
`
`PETITIONERS’ MOTION TO SEAL
`
`
`1
`Case Nos. IPR2015-01976, IPR2015-01980 and IPR2015-01981 have been
`
`joined with these proceedings.
`
`2
`
`A word-for-word identical Motion is being filed in each proceeding.
`
`
`
`
`
`Pursuant to 37 C.F.R. §§ 42.14, 42.54, Petitioners Mylan Pharmaceuticals
`
`Inc. and Amneal Pharmaceuticals LLC (“Petitioners”) respectfully move to seal
`
`portions of the Declaration of Prof. Joel Hay, Exhibit 1099 (“Hay Declaration”).
`
`The Hay Declaration contains references to information filed under seal by Patent
`
`Owner and for which the Board has determined, on Patent Owner’s motion, good
`
`cause exists to seal. IPR2015-00643, Decision, Paper 52 (Feb. 17, 2016). The
`
`Hay Declaration also contains references to the deposition of Dr. Grabowski (Ex.
`
`2148) filed under seal by Patent Owner. See IPR2015-00643, Motion, Paper 54
`
`(Mar. 7, 2016)
`
`The Board previously entered the Default Protective Order (Appendix A to
`
`Paper 24) in this proceeding. See IPR2015-00643, Paper 51 at 2 (Feb. 12, 2016)
`
`I. GOOD CAUSE EXISTS FOR SEALING CERTAIN CONFIDENTIAL
`INFORMATION
`
`In determining whether to grant a Motion to Seal, the Board must find “good
`
`cause” and “strike a balance between the public's interest in maintaining a
`
`complete and understandable file history and the parties’ interest in protecting truly
`
`sensitive information.” 37 C.F.R. § 42.54(a); 77 Fed. Reg. 48756, 48760 (Aug. 14,
`
`2012). As described in the Office Trial Practice Guide, the Board 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
`
`1
`
`
`
`
`
`other confidential research, development, or commercial information.” 77 Fed.
`
`Reg. 48756, 48760 (Aug. 14, 2012).
`
`The Hay Declaration contains references to information filed under seal by
`
`Patent Owner and for which the Board has determined, on Patent Owner’s motion,
`
`good cause exists to seal. Upon conferring with Patent Owner, a redacted version
`
`of the Hay Declaration will be filed with only previously-sealed material redacted.
`
`Accordingly, Petitioners’ submit that good cause exists to the unredacted version
`
`of the Hay Declaration.
`
`II. CERTIFICATION OF NON-PUBLICATION
`
`To the undersigned counsel’s knowledge, the information sought to be
`
`sealed by this motion has not been published or otherwise made public.
`
`III. CERTIFICATION OF CONFERENCE WITH OPPOSING PARTY
`PURSUANT TO 37 C.F.R. § 42.54
`
`Petitioners have conferred with Patent Owner, and Patent Owner does not
`
`oppose this motion to seal. Therefore, Petitioners respectfully request that the
`
`Board grant Petitioners’ Motion to Seal.
`
`
`
`
`
`2
`
`
`
`Dated: March 9, 2016
`
`
`
`
`
`
`
`
`
`
`
`/Brandon M. White/
`Brandon M. White
`Reg. No. 52,354
`
`PERKINS COIE LLP
`700 13th Street, NW, Suite 600
`Washington, D.C. 20005
`Telephone: (202) 654-6204
`Facsimile: (202) 654-6211
`Email: bmwhite@perkinscoie.com
`
`Attorney for Mylan Pharmaceuticals Inc.
`
`3
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that the foregoing Petitioners’ Motion to
`
`Seal was served electronically via email as follows:
`
`Patent Owners:
`
`
`Elizabeth Holland
`Goodwin Procter LLP
`eholland@goodwinprocter.com
`
`Nicholas Mitrokostas
`Goodwin Procter LLP
`nmitrokostas@goodwinprocter.com
`
`William James
`Goodwin Procter LLP
`wjames@goodwinprocter.com
`
`Daryl Wiesen
`Goodwin Procter LLP
`dwiesen@goodwinprocter.com
`
`Eleanor Yost
`Goodwin Procter LLP
`eyost@goodwinprocter.com
`
`John Bennett
`Goodwin Procter LLP
`jbennett@goodwinprocter.com
`
`
`Petitioner Amneal Pharmaceuticals LLC:
`
`
`Vincent L. Capuano
`Duane Morris LLC
`VCapuano@duanemorris.com
`
`Christopher S. Kroon
`Duane Morris LLC
`CSKroon@duanemorris.com
`
`
`Dated: March 9, 2016
`
`
`
`
`
`/Brandon M. White/
`Brandon M. White
`
`Attorney for Mylan Pharmaceuticals Inc.
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