` Entered: June 21, 2016
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`LUPIN LTD. and LUPIN PHARMACEUTICALS INC.,
`
`Petitioner,
`v.
`SENJU PHARMACEUTICAL CO., LTD.,
`Patent Owner.
`____________
`
`Case IPR2015-01099
`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 Petitioner’s Motion to Seal Exhibits 1094, 1099, 1104, 1120–1123,
`1125, 1133, 1149, 1154, 1158, and Petitioner’s Reply
`37 C.F.R. § 42.14
`
`
`
`
`IPR2015-01099
`Patent 8,669,290 B2
`
`
`INTRODUCTION
`I.
`Petitioner filed a Motion to Seal portions of a number of depositions
`transcripts (Exs. 1094, 1099, 1120–1123, and 1125), a portion of the
`Petitioner’s Reply to the Patent Owner’s Response, and the entirety of
`Exhibits 1104, 1133, 1149, 1154, and 1158. Paper 33 (“Mot.”).
`For the reasons described in the following discussion, we deny
`without prejudice Petitioner’s Motion to Seal Exhibits 1094, 1099, 1104,
`1120–1123, 1125, 1133, 1149, 1154, 1158, and Petitioner’s Reply.
`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.
`Petitioner’s Motion to Seal is deficient in a number of ways. None of
`the Exhibits are properly described. Indeed, the five exhibits that Petitioners
`
`
`
`2
`
`
`
`IPR2015-01099
`Patent 8,669,290 B2
`
`seek to seal in their entirety are not characterized even by title. See Mot. 4.
`Moreover, Petitioners failed to provide what portions of Exhibits 1094 and
`1104, and what portion of the Petitioner’s Reply to Patent Owner’s
`Response (or the relevant paper number(s)) it seeks to seal. Id. Further,
`Petitioners state that they “make no assertion whether or not [the materials
`that they seek to seal] contain confidential information.” Id. Instead,
`Petitioners assert that Patent Owner has requested Petitioner to file the
`documents under seal and to “file an appropriate motion to seal ….” Id.
`Petitioners have not done so. As the moving party, Petitioners have failed
`their burden of showing that there is good cause for the relief requested. See
`37 C.F.R. §§ 42.20, 42.54.
`Moreover, a protective order has not been entered in the captioned
`proceedings and an acceptable proposed protective order has not been filed.
`For the foregoing reasons, Petitioner’s Motion to Seal Exhibits 1094,
`1099, 1104, 1120–1123, 1125, 1133, 1149, 1154, 1158, and Petitioner’s
`Reply is denied without prejudice. We exercise our discretion to maintain
`those materials under a provisional seal, in the manner filed, through July
`31, 2016, to allow time for a party to file a motion to seal that shows good
`cause for the relief requested, after a protective order has been entered in this
`proceeding, and/or to withdraw the provisionally sealed materials.
`ORDER
`In accordance with the foregoing, it is hereby:
`ORDERED that the Petitioner’s Motion to Seal Exhibits 1094, 1099,
`1104, 1120–1123, 1125, 1133, 1149, 1154, 1158, and Petitioner’s Reply is
`denied without prejudice;
`
`
`
`3
`
`
`
`IPR2015-01099
`Patent 8,669,290 B2
`
`
`FURTHER ORDERED that Exhibits 1094, 1099, 1104, 1120–1123,
`1125, 1133, 1149, 1154, 1158, and Petitioner’s Reply 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.
`
`PETITIONER:
`Deborah H. Yellin
`Jonathan Lindsay
`Teresa Rea
`Shannon Lentz
`CROWELL & MORING LLP
`DYellin@crowell.com
`JLindsay@crowell.com
`trea@crowell.com
`slentz@crowell.com
`
`PATENT OWNER:
`Bryan C. Diner
`Joshua L. Goldberg
`Justin J. Hasford
`Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
`bryan.diner@finnegan.com
`joshua.goldberg@finnegan.com
`justin.hasford@finnegan.com
`
`
`
`4
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