Filed on behalf of Patent Owners Genentech, Inc. and City of Hope by:
`
`David L. Cavanaugh
`Reg. No. 36,476
`Heather M. Petruzzi
`Reg. No. 71,270
`Robert J. Gunther, Jr.
`Pro Hac Vice
`Wilmer Cutler Pickering
`Hale and Dorr LLP
`1875 Pennsylvania Ave., NW
`Washington, DC 20006
`
`Adam R. Brausa
`Reg. No. 60,287
`Daralyn J. Durie
`Pro Hac Vice
`Durie Tangri LLP
`217 Leidesdorff Street
`San Francisco, CA 94111
`
`Jeffrey P. Kushan
`Reg. No. 43,401
`Peter S. Choi
`Reg. No. 54,033
`Sidley Austin LLP
`1501 K Street, N.W.
`Washington, D.C.
`20005
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________________________________
`
`SANOFI-AVENTIS U.S. LLC AND
`REGENERON PHARMACEUTICALS, INC.,
`Petitioners
`
`v.
`
`GENENTECH, INC. AND CITY OF HOPE
`Patent Owners
`____________________________________________
`
`Case IPR2015-01624
`Patent 6,331,415
`____________________________________________
`
`PATENT OWNERS’ MOTION TO SEAL
`
`
`
`David L. Cavanaugh
`Reg. No. 36,476
`Heather M. Petruzzi
`Reg. No. 71,270
`Robert J. Gunther, Jr.
`Pro Hac Vice
`Wilmer Cutler Pickering
`Hale and Dorr LLP
`1875 Pennsylvania Ave., NW
`Washington, DC 20006
`
`Adam R. Brausa
`Reg. No. 60,287
`Daralyn J. Durie
`Pro Hac Vice
`Durie Tangri LLP
`217 Leidesdorff Street
`San Francisco, CA 94111
`
`Jeffrey P. Kushan
`Reg. No. 43,401
`Peter S. Choi
`Reg. No. 54,033
`Sidley Austin LLP
`1501 K Street, N.W.
`Washington, D.C.
`20005
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________________________________
`
`SANOFI-AVENTIS U.S. LLC AND
`REGENERON PHARMACEUTICALS, INC.,
`Petitioners
`
`v.
`
`GENENTECH, INC. AND CITY OF HOPE
`Patent Owners
`____________________________________________
`
`Case IPR2015-01624
`Patent 6,331,415
`____________________________________________
`
`PATENT OWNERS’ MOTION TO SEAL
`
`
`
`IPR2015-01624
`Patent Owners’ Motion to Seal
`
`STATEMENT OF PRECISE RELIEF REQUESTED
`
`Pursuant to 37 C.F.R. §§ 42.14 and 42.54, Petitioners Genentech, Inc. and
`
`City of Hope respectfully request that the Board seal Exhibits 2033 (Declaration of
`
`Julie L. Davis), 2090 (Deposition Transcript of James H. Sabry, M.D.), 2091
`
`(Deposition Transcript of Timothy R. Schwartz), 2093 (Expert Report of Robert C.
`
`Rickert, Ph.D.), 2114-2118 (Appendices A-E to Declaration of Julie L. Davis),
`
`2130 (Compilation of License Agreements), 2131 (Compilation of Settlement
`
`Agreements), 2132 (Compilation of Royalty Statements), and 2139 (Selected
`
`Historical Financial Data).
`
`REASONS FOR RELIEF REQUESTED
`
`
`
`Although “the default rule is that all papers filed in an inter partes review
`
`are open and available for access by the public,” a party may file a motion with the
`
`Board to seal confidential information that is protected from disclosure. Garmin v.
`
`Cuozzo, IPR2012-00001, Paper No. 36. “The standard for granting a motion to
`
`seal is ‘for good cause.’” Id. (quoting 37 C.F.R § 42.54). The Office Patent Trial
`
`Practice Guide, 77 Fed. Reg. 48756, 48760 (Aug. 14, 2012), states that the “rules
`
`identify confidential information in a manner consistent with Federal Rule of Civil
`
`Procedure (“FRCP”) 26(c)(1)(G), which provides for protective orders for trade
`
`secret or other confidential research, development, or commercial information.”
`
`1
`
`
`
`IPR2015-01624
`Patent Owners’ Motion to Seal
`
`The parties have conferred and agreed to the provisions of the Modified
`
`Default Standing Protective Order set forth in Exhibit 2137, and have stipulated to
`
`be bound to the terms set forth therein. Exhibit 2138 shows the proposed
`
`modifications from the Default Standing Protective Order in redline. The
`
`Modified Default Standing Protective Order provides:
`
`Where confidentiality is alleged as to some but not all of the
`information submitted to the Board, the submitting party shall file
`confidential and non-confidential versions of its submission, together
`with a Motion to Seal the confidential version setting forth the reasons
`why the information redacted from the non-confidential version is
`confidential and should not be made available to the public. The
`nonconfidential version of the submission shall clearly indicate the
`locations of information that has been redacted. The confidential
`version of the submission shall be filed under seal. The redacted
`information shall remain under seal unless, upon motion of a party
`and after a hearing on the issue, or sua sponte, the Board determines
`that some or all of the redacted information does not qualify for
`confidential treatment.
`(Ex. 2137, Modified Default Standing Protective Order at 3.)
`
`Exhibit 2033 is a declaration regarding secondary considerations by Patent
`
`Owners’ expert Julie L. Davis. The redacted portions of Exhibit 2033 contain
`
`information pertaining to confidential royalty statements and licensing and
`
`2
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`
`
`IPR2015-01624
`Patent Owners’ Motion to Seal
`
`settlement terms with Patent Owners’ competitors, and are therefore “confidential
`
`… commercial information” pursuant to FRCP 26(c)(1)(G).
`
`Exhibits 2114-2118 are Appendices A-E to the Declaration of Julie L. Davis
`
`(Exhibit 2033, discussed supra). Exhibit 2114 (Appendix A) is a summary of
`
`confidential license agreements pertaining to U.S. Patent No. 6,331,415. Exhibit
`
`2115 (Appendix B) is a summary of confidential settlement agreements pertaining
`
`to U.S. Patent No. 6,331,415. Exhibit 2116 (Appendix C) is a summary of sales of
`
`Genentech’s products pertaining to U.S. Patent No. 6,331,415, which is
`
`confidential proprietary company information. Exhibit 2117 (Appendix D) is a
`
`summary of licensee sales and royalties paid to Genentech pertaining to U.S.
`
`Patent No. 6,331,415, which is confidential proprietary company information. The
`
`redacted portion of Exhibit 2118 (Appendix E) contains confidential commercial
`
`information related to royalties paid to Genentech pertaining to U.S. Patent No.
`
`6,331,415. Accordingly, Exhibits 2114-2118 are “confidential … commercial
`
`information” pursuant to FRCP 26(c)(1)(G).
`
`Exhibit 2130 is a compilation of license agreements involving U.S. Patent
`
`No. 6,331,415. The terms of these license agreements are confidential. The
`
`contents of this exhibit therefore constitute “confidential … commercial
`
`information” pursuant to FRCP 26(c)(1)(G).
`
`3
`
`
`
`IPR2015-01624
`Patent Owners’ Motion to Seal
`
`Exhibit 2131 is a compilation of settlement agreements involving U.S.
`
`Patent No. 6,331,415. The terms of these settlement agreements are confidential.
`
`The contents of this exhibit therefore constitute “confidential … commercial
`
`information” pursuant to FRCP 26(c)(1)(G).
`
`Exhibit 2132 is a compilation of royalty statements involving U.S. Patent
`
`No. 6,331,415. These royalty statements are confidential. The contents of this
`
`exhibit therefore constitute “confidential … commercial information” pursuant to
`
`FRCP 26(c)(1)(G).
`
`Exhibit 2139 describes confidential selected historical financial data for
`
`several of Genentech’s products. This financial data constitutes “confidential …
`
`commercial information” pursuant to FRCP 26(c)(1)(G).
`
`Exhibits 2090 and 2091 are deposition transcripts of James H. Sabry, M.D.,
`
`and Timothy R. Schwartz, respectively, from the district court litigation titled
`
`Sanofi-Aventis U.S. LLC v. Genentech, Inc., No. 15-cv-05685 (C.D. Cal.).
`
`Exhibits 2090 and 2091 contain testimony concerning confidential and sensitive
`
`information regarding how Genentech’s products are made. Exhibit 2091 was
`
`further marked as “Attorneys’ Eyes Only” in the litigation.
`
`Exhibit 2093 is an expert report of Robert C. Rickert, Ph.D. from the district
`
`court litigation titled Bristol-Myers Squibb Co. v. Genentech, Inc., No. 13-cv-
`
`07248-MRP-JEM (C.D. Cal.). Exhibit 2093 contains confidential and sensitive
`
`4
`
`
`
`IPR2015-01624
`Patent Owners’ Motion to Seal
`
`information regarding how Genentech’s products are made. Furthermore, this
`
`report was marked as “Confidential” in the litigation.
`
`Patent Owners therefore respectfully requests that the aforementioned
`
`materials remain under seal pursuant to the Proposed Modified Default Standing
`
`Protective Order.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Dated: May 13, 2016
`
`Respectfully Submitted,
`
`/David L. Cavanaugh/
`
`David L. Cavanaugh
`Registration No. 36,476
`WILMER CUTLER PICKERING
`HALE AND DORR LLP
`1875 Pennsylvania Avenue, N.W.
`Washington, D.C. 20006
`david.cavanaugh@wilmerhale.com
`Tel.: 202-663-6000
`Fax: 202-663-6363
`
`5
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