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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`DR. REDDY’S LABORATORIES, INC.
`Petitioner
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`v.
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`POZEN INC.
`Patent Owner
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`U.S. Patent No. 8,557,285
`Issue Date: October 15, 2013
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`Title: PHARMACEUTICAL COMPOSITIONS FOR
`THE COORDINATED DELIVERY OF NSAIDS
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`Inter Partes Review No. IPR2015-00802
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`PETITIONER’S MOTION TO FILE UNDER SEAL
`PURSUANT TO 37 C.F.R. § 42.14
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`Case No. IPR2015-00802
`Patent No. 8,557,285
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`Pursuant to 37 C.F.R. § 42.14, Petitioner Dr. Reddy’s Laboratories, Inc.
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`June 10, 2015
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`(“DRL”) hereby submits this Motion to Seal concurrently with its Opposition to
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`Patent Owner’s Motion for Discovery Concerning Petitioner’s Expert Declaration
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`(“DRL’s Opposition”). The material for which sealing is sought has either been
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`designated as confidential pursuant to a Stipulated Confidentiality Order (“the
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`protective order”) that has been entered in co-pending patent infringement
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`litigation in the United States District Court for the District of New Jersey directed
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`to, inter alia, U.S. Patent No. 8,557,285, or discusses or otherwise refers to
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`materials that have been so designated. The protective order has been submitted to
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`the Board in this IPR proceeding as Pozen Exhibit No. 2006 (referencing D.N.J.
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`case numbers 11-cv-02317 and 11-cv-04275).
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`The material for which sealing is sought pertains generally to work that
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`expert declarant Dr. Kibbe has performed in the co-pending District of New Jersey
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`patent litigation (consolidated actions which were identified on pages 1 and 2 of
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`DRL’s petition as related judicial matters pursuant to 37 C.F.R. § 42.8(b)(2)),
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`including Dr. Kibbe’s recent deposition testimony in that litigation. DRL needs to
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`discuss this confidential material in its Opposition in order to explain the reasons
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`that is opposes the Patent Owner’s discovery request. In that regard, we note that
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`1
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`the Pateent Owner filed its diiscovery mmotion undeer seal. In
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`its accomppanying
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`to Seal (P
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`3), the Pattent Ownerr said that iit would “nnot opposee
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`any mottion to seall that may be filed byy the Petitiioner.” (Idd. at 2.) Inndeed, amoong
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`the mattters in disppute and diiscussed inn both the PPatent Ownner’s Moti
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`Discoveery and DRRL’s Oppoosition is thhe confidenntiality to bbe accorde
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`on for
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`d to Dr.
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`Kibbe’ss work in thhe co-pendding patentt litigation
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`and the exxtent to whhich DRL iis
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`concernned that thee matters ddiscussed inn Patent Owwner’s Mootion for DDiscovery hhave
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`already breached tthe protecttive order ((see Exh. 22006).
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`AAccordinglyy, good cause exists for the Bo
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`ard to seall DRL’s Oppposition tto
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`Patent OOwner’s MMotion for DDiscovery Concerninng Petitionner’s Experrt Declaratiion,
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`and alsoo to maintaain under sseal Patent Owner’s MMotion forr Discoveryy from
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`Petitionner and Reqquest to Suubmit Testiimonial Evvidence fileed on Junee 1, 2015
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`Resspectfully ssubmitted,
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`Alaan H. Pollaack
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`Regg. No. 39,8802
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`Couunsel for PPetitioner DDRL
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`(Paper NNo. 14).
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`June 10, 22015
`Dated:
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`01051725
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`By:
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`2
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`Case No.. IPR2015-00802
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`Patent Noo. 8,557,2855
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`Junee 10, 2015
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`CEERTIFICAATE OF SSERVICE
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`TThe undersiigned hereby certifies that a coppy of the fforegoing PPetitioner’ss
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`Motion to File Unnder Seal PPursuant to 37 C.F.R.
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`via e-mail on Junee 10, 2015 on the folllowing:
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`Lead Coounsel andd Back-up CCounsel foor Horizon
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` § 42.14 wwas served
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`electronicaally
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`Pharma, IInc.:
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`700
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`1229 Pennnsylvania AAvenue, N..W., Suite
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`. Blinka
`Thomas A
`LLP
`COOLEY
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`Washingtoon, DC 200004-2400
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`tblinka@coooley.comm
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`TC1Wt
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`Ricardoo Rodriguez
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`COOLEEY LLP
`eet
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`3175 Haanover Str
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`Palo Alto, CA 943304-1130
`rr@coo
`ley.com
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`IPR201
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`m 5-00802@@cooley.com
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`Lead Coounsel andd Back-up CCounsel foor Pozen Innc.:
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`MV2Am
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`Margaret JJ. Sampsonn
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`VINSON && ELKINSS LLP
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`2801 Via FFortuna, Suuite 100
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`Austin, TXX 78746-75568
`om
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`msampsonn@velaw.c
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`By:: ________________
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`Alan HH. Pollack
`o. 39,802
`Reg. No
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`Steven MM. Hash
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`VINSON & ELKIINS LLP
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`2801 Viia Fortuna,, Suite 1000
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`Austin, TX 787466-7568
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`shash@@velaw.comm
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`Dated:
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` June 10, 22015
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`01051725
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