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`Trials@uspto.gov
`571-272-7822 Entered: February 17, 2016
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`
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`MYLAN PHARMACEUTICALS INC. and
`AMNEAL PHARMACEUTICALS LLC,
`Petitioners,
`
`v.
`
`YEDA RESEARCH AND DEVELOPMENT CO. LTD.,
`Patent Owner.
`
`____________
`
`Case IPR2015-00643 (Patent 8,232,250 B2)
`Case IPR2015-00644 (Patent 8,399,413 B2)
`Case IPR2015-00830 (Patent 8,969,302 B2)1
`____________
`
`
`Before SHERIDAN K. SNEDDEN, ZHENYU YANG, and
`TINA E. HULSE, Administrative Patent Judges.
`
`YANG, Administrative Patent Judge.
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`
`
`DECISION
`Patent Owner’s Motion to Seal
`37 C.F.R. §§ 42.14
`
`
`1 Cases IPR2015-01976, IPR2015-01980, and IPR2015-01981 have been
`joined with IPR2015-00643, IPR2015-00644, and IPR2015-00830,
`respectively.
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`Case IPR2015-00643 (Patent 8,232,250 B2)
`Case IPR2015-00644 (Patent 8,399,413 B2)
`Case IPR2015-00830 (Patent 8,969,302 B2)
`
`
`Patent Owner filed a Motion to Seal portions of Exhibits 2108–2114
`and 2120–2122. Paper 25, 1.2 In addition, Patent Owner seeks to seal
`portions of the Declaration of Henry Grabowski, Ph.D., Exhibit 2133
`(“Grabowski Declaration”). Id. Patent Owner represents that Petitioner
`does not oppose the Motion. Id. at 3. Patent Owner’s Motion is granted.
`According to Patent Owner, Exhibits 2108–2114 and 2120–2122
`include proprietary data provided by IMS Health, a third party, concerning
`sales, prescriptions, and promotional spending concerning Copaxone®
`40 mg/mL. Id. at 2. Further, the Grabowski Declaration includes the IMS
`data and related calculations in Exhibits 2108–2114 and 2120–2122. Id.
`Patent Owner explains that it obtained access to the IMS data pursuant
`to a license agreement that obligates Patent Owner to maintain the data as
`confidential. Id. According to Patent Owner, “IMS Health represents that
`IMS data retains its value to IMS only when access to the data is restricted.
`IMS also represents that it owes contractual duties of confidentiality to its
`sources.” Id. Moreover, Patent Owner asserts that “interested members of
`the public can obtain the data in question directly from IMS Health (with
`any appropriate fee).” Id. at 3. Thus, Patent Owner contends, good cause
`exists for sealing the IMS data contained in the exhibits. Id.
`
`
`2 For ease of reference, paper numbers and exhibits cited in this Decision
`refer to those filed in IPR2015-00643. Similar papers and exhibits were
`filed in the other proceedings.
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`2
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`Case IPR2015-00643 (Patent 8,232,250 B2)
`Case IPR2015-00644 (Patent 8,399,413 B2)
`Case IPR2015-00830 (Patent 8,969,302 B2)
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`
`Patent Owner has filed non-confidential, redacted versions of Exhibits
`2108–2114, 2120–2122, and the Grabowski Declaration. Id. at 2. Patent
`Owner represents that “[t]he substance of Dr. Grabowski’s opinions can be
`fully ascertained from the redacted declaration and exhibits; the only
`information not reflected in the redacted declaration and exhibits is IMS data
`and Dr. Grabowski’s specific calculations based on that data.”
`Upon considering the content of Exhibits 2108–2114, 2120–2122, and
`the Grabowski Declaration, along with Patent Owner’s representations as to
`the confidentiality of the information, we determine that Patent Owner has
`shown good cause for sealing the redacted portions of Exhibits 2108–2114,
`2120–2122, and the Grabowski Declaration.
`
`
`
`Accordingly, it is
`ORDERED that Patent Owner’s Motion to Seal is GRANTED.
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`3
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`Case IPR2015-00643 (Patent 8,232,250 B2)
`Case IPR2015-00644 (Patent 8,399,413 B2)
`Case IPR2015-00830 (Patent 8,969,302 B2)
`
`PETITIONERS:
`
`Jeffrey W. Guise
`jguise@wsgr.com
`
`Richard Torczon
`rtorczon@wsgr.com
`
`Brandon M. White
`bmwhite@perkinscoie.com
`
`Shannon Bloodworth
`sbloodworth@perkinscoie.com
`
`David Anstaett
`danstaett@perkinscoie.com
`
`
`PATENT OWNER:
`
`Elizabeth J. Holland
`eholland@goodwinprocter.com
`
`William G. James
`wjames@goodwinprocter.com
`
`Eleanor M. Yost
`eyost@goodwinprocter.com
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`4
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