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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`MYLAN PHARMACEUTICALS INC. and AMNEAL
`PHARMACEUTICALS LLC,
`Petitioner
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`v.
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`YEDA RESEARCH & DEVELOPMENT CO. LTD.,
`Patent Owner
`____________
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`Case No. IPR2015-006441
`Patent 8,399,413
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`PATENT OWNER’S UNOPPOSED MOTION TO PRESERVE THE RECORD
`PENDING APPEAL
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`1 Case IPR2015-01980 has been joined with this proceeding.
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`I. INTRODUCTION
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`Pursuant to the Board’s October 5, 2016, Decision Denying Patent Owner’s
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`Motion to Expunge (Paper 89), Patent Owner Yeda Research & Development Co.,
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`Ltd., (“Patent Owner” or “Yeda”) respectfully submits this Motion to Preserve the
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`Record Pending Appeal. This Motion extends to the entire docket in IPR2015-
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`00644, including preservation of all sealed documents in non-public form.2
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`According to the Office Patent Trial Practice Guide, 77 Fed. Reg. 48756
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`(Aug. 14, 2012) (“Trial Practice Guide”), confidential information that is subject to
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`a protective order ordinarily would become public 45 days after final judgment in a
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`trial. Trial Practice Guide at 48760-61. A party seeking to maintain the
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`confidentiality of information may file a motion to expunge the information from
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`the record prior to the information becoming public. Id.; 37 C.F.R. § 42.56.
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`The Federal Rules of Appellate Procedure and the Federal Circuit Rules
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`require that the record be retained by the Board pending appeal. Specifically,
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`Federal Circuit Rule 17(a) states that “[t]he agency must retain the record.”
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`Federal Circuit Rule 17(d), titled “Access of Parties and Counsel to Original
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`2 The following exhibits are currently sealed on the docket: Exhibits 2108-2114,
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`2120-2122, and the Grabowski Declaration (Exhibit 2133) (“the Confidential
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`Exhibits”). These exhibits contain confidential information of a third party, IMS
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`Health Inc. (“IMS Health”).
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`2
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`Record” also requires that the parties and their counsel have access to both the
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`sealed and unsealed portions of the record “[w]hen a petition for review or notice
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`of appeal is filed.” The deadline for filing a notice of appeal in this case is
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`February 3, 2017. Patent Owner intends to file a notice of appeal. If the record is
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`not preserved in its entirety including any sealed portions, the Federal Circuit
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`Court of Appeals may not be able to fully consider the issues discussed in the Final
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`Written Decision, which would cause prejudice to the parties in this IPR.
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`In this case, Patent Owner filed a Motion to Expunge Confidential
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`Information on September 23, 2016. Also on September 23, 2016, Patent Owner
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`filed a Request for Rehearing of the Final Written Decision. On October 5, 2016,
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`the Board issued its Decision Denying Patent Owner’s Motion to Expunge (Paper
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`89), and authorizing Patent Owner’s instant Motion to Preserve the Record
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`Pending Appeal following a decision on Patent Owner’s Request for Rehearing.
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`On December 2, 2016, the Board issued a Decision Granting-in-Part Patent
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`Owner’s Request for Rehearing (Paper 90), and also issued a modified Final
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`Written Decision (Paper 91).
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`Absent the present Motion to Preserve the Record Pending Appeal, the
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`docket in this case would become public on January 16, 2017. This motion, filed
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`in advance of that date, is timely.
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`Petitioners have informed Patent Owner that they do not oppose this motion.
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`3
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`V. CONCLUSION
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`For the reasons stated above, Patent Owner respectfully requests that the
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`Board preserve the record of this IPR in its entirety, pending completion of any
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`appeal to the Federal Circuit Court of Appeals.
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`Dated: January 13, 2017
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`Respectfully submitted,
`/Elizabeth J. Holland/
`Elizabeth J. Holland
`Registration No. 47,657
`GOODWIN PROCTER LLP
`The New York Times Building
`620 Eighth Avenue
`New York, NY 10019-1405
`Tel: 212-813-8800
`Fax: 212-355-3333
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`4
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that the foregoing PATENT OWNER’S
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`UNOPPOSED MOTION TO PRESERVE THE RECORD PENDING APPEAL
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`was served electronically via e-mail on January 13, 2017, on the following:
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`Jeffrey W. Guise
`jguise@wsgr.com
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`Brandon M. White
`BMWhite@perkinscoie.com
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`Shannon Bloodworth
`Sbloodworth@perkinscoie.com
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`David Anstaett
`DAnstaett@perkinscoie.com
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`Richard Torczon
`rtorczon@wsgr.com
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`Vincent Capuano
`vcapuano@duanemorris.com
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`Christopher Kroon
`cskroon@duanemorris.com
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`Dated: January 13, 2017
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`/Elizabeth J. Holland /
`Counsel for Patent Owner