`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`MYLAN PHARMACEUTICALS INC. and AMNEAL
`PHARMACEUTICALS LLC,
`Petitioner
`
`v.
`
`YEDA RESEARCH & DEVELOPMENT CO. LTD.,
`Patent Owner
`____________
`
`Case No. IPR2015-006441
`Patent 8,399,413
`____________
`
`PATENT OWNER’S UNOPPOSED MOTION TO PRESERVE THE RECORD
`PENDING APPEAL
`
`
`1 Case IPR2015-01980 has been joined with this proceeding.
`
`
`
`I. INTRODUCTION
`
`
`
`Pursuant to the Board’s October 5, 2016, Decision Denying Patent Owner’s
`
`Motion to Expunge (Paper 89), Patent Owner Yeda Research & Development Co.,
`
`Ltd., (“Patent Owner” or “Yeda”) respectfully submits this Motion to Preserve the
`
`Record Pending Appeal. This Motion extends to the entire docket in IPR2015-
`
`00644, including preservation of all sealed documents in non-public form.2
`
`
`
`According to the Office Patent Trial Practice Guide, 77 Fed. Reg. 48756
`
`(Aug. 14, 2012) (“Trial Practice Guide”), confidential information that is subject to
`
`a protective order ordinarily would become public 45 days after final judgment in a
`
`trial. Trial Practice Guide at 48760-61. A party seeking to maintain the
`
`confidentiality of information may file a motion to expunge the information from
`
`the record prior to the information becoming public. Id.; 37 C.F.R. § 42.56.
`
`The Federal Rules of Appellate Procedure and the Federal Circuit Rules
`
`require that the record be retained by the Board pending appeal. Specifically,
`
`Federal Circuit Rule 17(a) states that “[t]he agency must retain the record.”
`
`Federal Circuit Rule 17(d), titled “Access of Parties and Counsel to Original
`
`2 The following exhibits are currently sealed on the docket: Exhibits 2108-2114,
`
`2120-2122, and the Grabowski Declaration (Exhibit 2133) (“the Confidential
`
`Exhibits”). These exhibits contain confidential information of a third party, IMS
`
`Health Inc. (“IMS Health”).
`
`2
`
`
`
`Record” also requires that the parties and their counsel have access to both the
`
`sealed and unsealed portions of the record “[w]hen a petition for review or notice
`
`of appeal is filed.” The deadline for filing a notice of appeal in this case is
`
`February 3, 2017. Patent Owner intends to file a notice of appeal. If the record is
`
`not preserved in its entirety including any sealed portions, the Federal Circuit
`
`Court of Appeals may not be able to fully consider the issues discussed in the Final
`
`Written Decision, which would cause prejudice to the parties in this IPR.
`
`In this case, Patent Owner filed a Motion to Expunge Confidential
`
`Information on September 23, 2016. Also on September 23, 2016, Patent Owner
`
`filed a Request for Rehearing of the Final Written Decision. On October 5, 2016,
`
`the Board issued its Decision Denying Patent Owner’s Motion to Expunge (Paper
`
`89), and authorizing Patent Owner’s instant Motion to Preserve the Record
`
`Pending Appeal following a decision on Patent Owner’s Request for Rehearing.
`
`
`
`On December 2, 2016, the Board issued a Decision Granting-in-Part Patent
`
`Owner’s Request for Rehearing (Paper 90), and also issued a modified Final
`
`Written Decision (Paper 91).
`
`
`
`Absent the present Motion to Preserve the Record Pending Appeal, the
`
`docket in this case would become public on January 16, 2017. This motion, filed
`
`in advance of that date, is timely.
`
`
`
`Petitioners have informed Patent Owner that they do not oppose this motion.
`
`3
`
`
`
`V. CONCLUSION
`
`For the reasons stated above, Patent Owner respectfully requests that the
`
`Board preserve the record of this IPR in its entirety, pending completion of any
`
`appeal to the Federal Circuit Court of Appeals.
`
`Dated: January 13, 2017
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`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
`
`4
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that the foregoing PATENT OWNER’S
`
`UNOPPOSED MOTION TO PRESERVE THE RECORD PENDING APPEAL
`
`was served electronically via e-mail on January 13, 2017, on the following:
`
`Jeffrey W. Guise
`jguise@wsgr.com
`
`Brandon M. White
`BMWhite@perkinscoie.com
`
`Shannon Bloodworth
`Sbloodworth@perkinscoie.com
`
`David Anstaett
`DAnstaett@perkinscoie.com
`
`Richard Torczon
`rtorczon@wsgr.com
`
`Vincent Capuano
`vcapuano@duanemorris.com
`
`Christopher Kroon
`cskroon@duanemorris.com
`
`Dated: January 13, 2017
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/Elizabeth J. Holland /
`Counsel for Patent Owner
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
