`571-272-7822
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` Paper No. 60
`Entered: March 15, 2016
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`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 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 ZHENYU YANG and TINA E. HULSE, Administrative Patent
`Judges.
`
`YANG, Administrative Patent Judge.
`
`
`
`
`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.
`
`
`
`
`
`
`
`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 Exhibit 2148, the
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`transcript of the deposition of Henry G. Grabowski dated February 10, 2016
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`(“Grabowski Transcript”). Paper 54, 1.2 Patent Owner represents that
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`Petitioners do not oppose the Motion. Id. Patent Owner’s Motion is
`
`granted.
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`According to Patent Owner, portions of the Grabowski Transcript
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`refer to proprietary data provided by IMS Health, a third party, concerning
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`sales, prescriptions, and promotional spending concerning Copaxone®
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`40 mg/mL and its competitors. Id. at 2. Patent Owner explains that it
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`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
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`IMS only when access to the data is restricted. IMS also represents that it
`
`owes contractual duties of confidentiality to its sources.” Id.
`
`Patent Owner has filed a non-confidential, redacted version of the
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`Grabowski Transcript. Id. at 2. Patent Owner represents that “[t]he
`
`substance of Dr. Grabowski’s testimony can be fully ascertained from this
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`minimally-redacted transcript; the only information not reflected in the
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`redacted version of the exhibit is IMS data and Dr. Grabowski’s specific
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`calculations based on that data.” Id. at 2–3.
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`
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`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.
`
`2
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`
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`
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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)
`
`
`Upon considering the content of the Grabowski Transcript, 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 the Grabowski Transcript.
`
`
`
`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)
`
`
`PETITIONER:
`
`Jeffrey Guise
`jguise@wsgr.com
`
`Brandon White
`BMWhite@perkinscoie.com
`
`Richard Torczon
`rtorczon@wsgr.com
`
`Shannon Bloodworth
`SBloodworth@perkinscoie.com
`
`David Anstaett
`DAnstaett@perkinscoie.com
`
`
`PATENT OWNER:
`
`Elizabeth Holland
`eholland@goodwinprocter.com
`
`William James
`wjames@goodwinprocter.com
`
`Eleanor Yost
`eyost@goodwinprocter.com
`
`
`4
`
`
`
`
`
`
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