`Filed: February 12, 2016
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`________________
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`COALITION FOR AFFORDABLE DRUGS VI LLC
`Petitioner,
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`v.
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`CELGENE CORPORATION
`Patent Owner
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`________________
`
`Case IPR2015-01096
`Patent 6,315,720
`________________
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`MOTION TO SEAL
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`Motion to Seal
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`IPR2015-01096
` Patent 6,315,720
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`Pursuant to 37 C.F.R. § 42.14, Patent Owner Celgene Corporation
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`(“Celgene”) respectfully requests that the Patent Trial and Appeal Board (the
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`“Board”) seal the unredacted versions of the Patent Owner Response, Ex. 2059
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`(“Frau Declaration”), and Ex. 2060 (“DiPiro Declaration”), which discuss
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`confidential Exhibit 2007.1 Pursuant to Appendix B to the Trial Practice Guide,
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`Celgene is concurrently filing non-confidential versions of the Patent Owner
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`Response, Frau Declaration, and DiPiro Declaration, with the confidential material
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`reacted.
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`Exhibit 2007, and the portions of the Patent Owner Response, Frau
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`Declaration, and DiPiro Declaration discussing Exhibit 2007, contain Celgene’s
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`business confidential information. Specifically, Exhibit 2007 is a confidential,
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`non-public submission to the U.S. Food and Drug Administration that is part of
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`Celgene’s New Drug Application for Thalomid®. Exhibit 2007 has not been
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`previously disclosed to the public and remains confidential. See 21 C.F.R. §
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`314.81. Good cause therefore exists for sealing these documents.
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`For the foregoing reasons, Celgene respectfully requests that the Board enter
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`an Order sealing the unredacted versions of the Patent Owner Response, Frau
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`Declaration, and DiPiro Declaration.
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`1 Celgene previously moved to seal Ex. 2007 on July 30, 2015. See Paper 10.
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`Motion to Seal
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`IPR2015-01096
` Patent 6,315,720
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`Date: February 12, 2016
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` Respectfully submitted,
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`By: /F. Dominic Cerrito (Reg. No. 38,100)/
` F. Dominic Cerrito (Reg. No. 38,100)
` Andrew S. Chalson (pro hac vice)
` Eric C. Stops (Reg. No. 51,163)
` Frank C. Calvosa (Reg. No. 69,064)
` QUINN EMANUEL URQUHART &
` SULLIVAN, LLP
` 51 Madison Avenue, 22nd Floor
` New York, NY 10010
` Tel: (212) 849-7000
` Fax: (212) 849-7100
` nickcerrito@quinnemanuel.com
` ericstops@quinnemanuel.com
` andrewchalson@quinnemanuel.com
` frankcalvosa@quinnemanuel.com
`
`Anthony M. Insogna (Reg. No. 35,203)
`J. Patrick Elsevier (Reg. No. 44,668)
`JONES DAY
`12265 El Camino Real
`Suite 200
`San Diego, CA 92130
`Tel: (858) 314-1200
`Fax: (858) 314-1150
`aminsogna@jonesday.com
`jpelsevier@jonesday.com
`
`Gasper J. LaRosa
`JONES DAY
`222 E 41st Street
`New York, NY 10017
`Tel: (212) 326-3939
`Fax: (212) 755-7306
`gjlarosa@jonesday.com
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`Attorneys for Celgene Corporation
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`2
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`________________
`
`COALITION FOR AFFORDABLE DRUGS VI LLC
`Petitioner,
`
`v.
`
`CELGENE CORPORATION
`Patent Owner
`
`________________
`
`Case IPR2015-01096
`Patent 6,315,720
`________________
`
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`CERTIFICATE OF SERVICE
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned hereby certifies that Patent
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`Owner’s MOTION TO SEAL was served on February 12, 2016 by filing this
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`document through the Patent Review Processing System, as well as e-mailing a
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`copy to sarah.spires@skiermontderby.com, parvathi.kota@skiermontderby.com,
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`and paul.skiermont@skiermontderby.com.
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`Date: February 12, 2016
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` Respectfully submitted,
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`By: /F. Dominic Cerrito (Reg. No. 38,100)/
` F. Dominic Cerrito (Reg. No. 38,100)
` QUINN EMANUEL URQUHART &
` SULLIVAN, LLP
` 51 Madison Avenue, 22nd Floor
` New York, NY 10010
` General Tel: (212) 849-7000
` Fax: (212) 849-7100
` nickcerrito@quinnemanuel.com
`
`Lead Counsel for Celgene Corporation
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