`571-272-7822
`
`
`
`
`
` Paper 88
` Entered: June 21, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`INNOPHARMA LICENSING, INC., INNOPHARMA LICENSING LLC,
`INNOPHARMA INC., INNOPHARMA LLC,
`MYLAN PHARMACEUTICALS INC., and MYLAN INC.,
`
`Petitioner,
`v.
`SENJU PHARMACEUTICAL CO., LTD., BAUSCH & LOMB, INC., and
`BAUSCH & LOMB PHARMA HOLDINGS CORP.,
`
`Patent Owner.
`____________
`
`Case IPR2015-00902
`Patent 8,669,290 B2
`
`____________
`Before FRANCISCO C. PRATS, ERICA A. FRANKLIN, and
`GRACE KARAFFA OBERMANN, Administrative Patent Judge.
`
`FRANKLIN, Administrative Patent Judge.
`
`DECISION
`Denying Patent Owner’s Motion to Seal Exhibits 2249-2263
`37 C.F.R. § 42.14
`
`
`
`IPR2015-00902
`Patent 8,669,290 B2
`
`
`INTRODUCTION
`I.
`Patent Owner filed a Motion to Seal Exhibits 2249-2263Paper 71
`(“Mot.”). Patent Owner asserts that Petitioner does not oppose the motion.
`Id. at 1.
`For the reasons described in the following discussion, we deny
`without prejudice Patent Owner’s Motion to Seal.
`II. DISCUSSION
`“There is a strong public policy for making all information filed in a
`quasi-judicial administrative proceeding open to the public, especially in an
`inter partes review which determines the patentability of claims in an issued
`patent and therefore affects the rights of the public.” Garmin Int’l v. Cuozzo
`Speed Techs., LLC, IPR2012-00001, slip op. at 1–2 (PTAB Mar. 14, 2013)
`(Paper 34). A motion to seal may be granted for good cause. 37 C.F.R. §
`42.54. The moving party bears the burden of showing that there is good
`cause for the relief requested, including why the information is appropriate
`to be filed under seal. 37 C.F.R. §§ 42.20, 42.54. The Office Patent Trial
`Practice Guide notes that 37 C.F.R. § 42.54 identifies confidential
`information in a manner consistent with Federal Rule of Civil Procedure
`26(c)(1)(G), which provides for protective orders for trade secret or other
`confidential research, development, or commercial information. 77 Fed.
`Reg. at 48,760. Until a motion to seal is decided, documents filed with the
`motion shall be sealed provisionally. 37 C.F.R. § 42.14.
`Patent Owner asserts that Exhibits 2249-2263 are “confidential
`materials of third parties BioScience and SSCI.” Mot. 3. According to
`Patent Owner, those exhibits “contain third party BioScience’s and SSCI’s
`proprietary information related to each company’s proprietary testing
`
`
`
`2
`
`
`
`IPR2015-00902
`Patent 8,669,290 B2
`
`methods.” Id. Patent Owner asserts that “the public’s interest in the instant
`proceeding does not outweigh a third party’s interest in protecting this
`limited sensitive business information.” Id. Those assertions are
`insufficient. In particular, Patent Owner has neither demonstrated that the
`exhibits contain proprietary information nor established its standing to assert
`the “interest” of a non-party third party in this proceeding. In a revised
`motion to seal, if Patent Owner continues to seek to have those materials
`sealed, those issues should be addressed.
`
`
`ORDER
`In accordance with the foregoing, it is hereby:
`ORDERED that Patent Owner’s Motion to Seal Exhibits 2249-2263 is
`denied without prejudice;
`FURTHER ORDERED that Exhibits 2249-2263 shall remain
`provisionally sealed until further notice by the Board;
`FURTHER ORDERED a party may file a revised or new motion to
`seal and/or withdraw the provisionally sealed materials on or before July 31,
`2016; and
`FURTHER ORDERED that any opposition to a revised or new
`motion to seal shall be filed within 5 business days after the filing of the
`motion.
`
`PETITIONERS:
`Jitendra Malik
`jitty.malik@alston.com
`Lance Soderstrom
`lance.soderstrom@alston.com
`
`
`
`
`3
`
`
`
`IPR2015-00902
`Patent 8,669,290 B2
`
`Joseph Janusz
`joe.janusz@alston.com
`James Abe
`james.abe@alston.com
`
`Deborah Yellin
`dyellin@crowell.com
`Jonathan Lindsay
`jLindsay@Crowell.com
`Shannon Lentz
`SLentz@Crowell.com
`
`
`PATENT OWNER:
`Bryan Diner
`bryan.diner@finnegan.com
`Justin Hasford
`justin.hasford@finnegan.com
`Joshua Goldberg
`Joshua.goldberg@finnegan.com
`
`
`
`4
`
`