`Filed: May 27, 2016
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`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
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`COALITION FOR AFFORDABLE DRUGS VI LLC
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`PETITIONER
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`V.
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`CELGENE CORPORATION
`
`PATENT OWNER
`
`___________________
`
`Case IPR2015-01096
`Patent 6,315,720
` ___________________
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`
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`PETITIONER’S MOTION TO SEAL
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`I.
`
`Introduction
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`In accordance with 37 C.F.R. § 42.14, § 42.54, and the scheduling order
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`entered in this case (Paper 22), Petitioner Coalition for Affordable Drugs VI LLC
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`(“Petitioner”) respectfully requests that the Board seal the confidential version of
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`Petitioner’s Reply to Patent Owner’s Response (Paper 52); and Exhibits 1074
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`and 1075 (deposition transcripts). A Default Protective Order (“Protective
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`Order”) was filed by Patent Owner on February 12, 2016 (Paper 39).
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`Petitioner submits, concurrently with this motion: (i) Petitioner’s
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`Confidential Reply to Patent Owner’s Response (Paper 52); (ii) Petitioner’s Non-
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`Confidential Reply to Patent Owner’s Response (Paper 51); (iii) confidential
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`versions of Exhibits 1074 and 1075; and (iv) non-confidential versions of
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`Exhibits 1074 and 1075.
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`II. Good Cause Exists to Seal the Requested Documents
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`Documents filed in an inter partes review (IPR) are generally available to
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`the public. 37 C.F.R. § 42.14. However, the Board may, for good cause, protect
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`confidential information from public disclosure. 37 C.F.R. § 42.54; see also
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`Garmin Int’l v. Cuozzo Speed Tech., LLC, IPR2012-00001, Paper 36, 3-4 (Apr. 5,
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`2013). The IPR rules “identify confidential information in a manner consistent
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`with Fed. R. Civ. P. 26(c)(1)(G).” Office Patent Trial Practice Guide 77 FED.
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`REG. 48756, 48760 (Aug. 14, 2012) (citing 37 C.F.R. § 42.54). When
`1
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`determining good cause, the Board must “strike a balance between the public’s
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`interest in maintaining a complete and understandable file history and the parties’
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`interest in protecting truly sensitive information.” Id.
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`Petitioner seeks to seal the portions of its Reply (Paper 52), Exhibit 1074
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`(transcript from the deposition of Dr. Joseph DiPiro), and Exhibit 1075
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`(transcript from the deposition of Dr. Lourdes M. Frau) that quote, refer to, or
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`discuss information that Patent Owner has previously filed under seal. (See
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`Paper 39.) According to Patent Owner’s Motion to Seal, this information reflects
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`“Celgene’s business confidential information and trade secrets;” “is a
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`confidential agreement between Celgene and a third party;” and “has not been
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`previously disclosed to the public and…remains confidential.” (See id. at 1.)
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`Petitioner takes no position on the confidentiality of the underlying information,
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`but seeks to file under seal in order to fulfill its duties under the Protective
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`Order.
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`III. Certification of Good Faith
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`In accordance with 37 C.F.R. § 42.54, Petitioner’s counsel certifies that it
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`has, in good faith, conferred with Patent Owner’s counsel, and Patent Owner does
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`not object to this Motion.
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`IV. Conclusion
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`For the foregoing reasons, Petitioner respectfully requests that the Board
`2
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`May 27, 2016
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`/Parvathi Kota/
`Sarah E. Spires (Reg. No. 61,501)
`SKIERMONT DERBY LLP
`2200 Ross Ave., Ste. 4800W
`Dallas, Texas 75201
`P: 214-978-6600/F: 214-978-6601
`Lead Counsel for Petitioner
`
`Dr. Parvathi Kota (Reg. No. 65,122)
`Paul J. Skiermont (pro hac vice)
`Sadaf R. Abdullah (pro hac vice)
`SKIERMONT DERBY LLP
`2200 Ross Ave., Ste. 4800W
`Dallas, Texas 75201
`P: 214-978-6600/F: 214-978-6621
`Back-Up Counsel for Petitioner
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`3
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`
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`grant the Petitioner’s Motion to Seal.
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`Respectfully submitted,
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`Certificate of Service
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`Pursuant to 37 C.F.R. § 42.6(e), I hereby certify that on May 27, 2016, a true
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`and correct copy of the foregoing Petitioner’s Motion to Seal and for Entry of
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`Protective Order, was served by filing this document through the Patent Review
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`Processing System, as well as by electronic means at the following addresses of
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`record:
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`Francis Cerrito
`nickcerrito@quinnemanuel.com
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`Eric C. Stops
`ericstops@quinnemanuel.com
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`Frank C. Calvosa
`frankcalvosa@quinnemanuel.com
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`Anthony Insogna
`aminsogna@jonesday.com
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`J. Patrick Elsevier
`jpelsevier@jonesday.com
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`Gasper J. LaRosa
`gjlarosa@jonesday.com
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`Respectfully submitted,
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`/Parvathi Kota/
`Dr. Parvathi Kota (Reg. No. 65,122)
`
`Counsel for Petitioner
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`
`
`Dated: May 27, 2016
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