UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`COALITION FOR AFFORDABLE DRUGS VIII, LLC
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`Petitioner
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`v.
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`THE TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA
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`Patent Owner
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`Case No. IPR2015-01835
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`Patent No. 8,618,135
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`PATENT OWNER’S MOTION TO SEAL
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`COALITION FOR AFFORDABLE DRUGS VIII, LLC
`
`Petitioner
`
`v.
`
`THE TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA
`
`Patent Owner
`
`Case No. IPR2015-01835
`
`Patent No. 8,618,135
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`PATENT OWNER’S MOTION TO SEAL
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`Pursuant to 37 C.F.R. §§ 42.14, 42.54, Patent Owner The Trustees of the
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`University of Pennsylvania (“Patent Owner”) respectfully moves to seal portions
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`of Exhibits 2057, 2081, and 2082, filed herewith, which contain confidential
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`business information of Patent Owner and/or confidential patient information. In
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`support of this Motion, Patent Owner is also submitting an unopposed motion for
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`entry of the Board’s default protective order. See 37 C.F.R. § 42.54(a).
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`I.
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`GOOD CAUSE EXISTS FOR SEALING CERTAIN CONFIDENTIAL
`INFORMATION
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`In determining whether to grant a Motion to Seal, the Board must find “good
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`cause” and “strike a balance between the public’s interest in maintaining a
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`complete and understandable file history and the parties’ interest in protecting truly
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`sensitive information.” 37 C.F.R. § 42.54(a); 77 Fed. Reg. 48756, 48760 (Aug. 14,
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`2012). As described in the Office Trial Practice Guide, the Board identifies
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`confidential information in a manner “consistent with Federal Rule of Civil
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`Procedure 26(c)(1)(G), which provides for protective orders for trade secret or
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`other confidential research, development, or commercial information.” 77 Fed.
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`Reg. 48756, 48760 (Aug. 14, 2012).
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`Exhibit 2082 contains confidential patient information. This exhibit
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`references specific clinical data for patients in connection with studies conducted
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`by or through the University of Pennsylvania. Patent Owner is obligated to
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`maintain the foregoing data as confidential. The public’s interest in accessing this
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`1
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`information for the purposes of the patentability of the challenged claims in this
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`proceeding is outweighed by the prejudicial effect that such disclosure would have
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`on Patent Owner, who is required to maintain the privacy of patients treated by or
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`through the University of Pennsylvania.
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`Exhibits 2057 and 2081 contain confidential business information of Patent
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`Owner (and of Aegerion, Inc., the exclusive licensee of the patent under review in
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`this proceeding) relating to certain clinical trials conducted on lomitapide by Patent
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`Owner or by Bristol-Myers Squibb Company (“BMS”). Exhibit 2057 contains
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`detailed information regarding the methodology of and summary results from a
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`clinical study conducted by BMS on lomitapide that is non-public and proprietary
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`to Patent Owner. Exhibit 2081 contains business confidential information largely
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`about projects unrelated to the subject matter claimed in the patent at issue in this
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`IPR, that is also proprietary to Patent Owner. Patent Owner has an interest in
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`keeping this business information confidential because it is sensitive, competitive
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`business information. Again, the public’s interest in accessing this information for
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`the purposes of the patentability of the challenged claims in this proceeding is
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`outweighed by the Patent Owner’s interest in maintaining confidential, proprietary
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`business information.
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`Further, in conjunction with this motion, Patent Owner is submitting non-
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`confidential, redacted versions of Exhibits 2057 and 2081-2082. The proprietary
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`2
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`data and information contained in Exhibits 2057 and 2081-2082 is not essential to
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`an understanding of the accompanying Patent Owner Response and related
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`exhibits. Indeed, the only information not reflected in the redacted versions of
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`these exhibits is the data described above, to wit, the precise clinical patient data or
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`confidential business information proprietary to the Patent Owner or BMS. And as
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`noted above, in the case of Exhibit 2081, the redacted information is largely
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`irrelevant to the present proceedings. In contrast, the public disclosure of this
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`information requires the Patent Owner to disclose proprietary, confidential
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`information. Accordingly, good cause exists to seal the confidential patient data
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`and business confidential information contained in Exhibits 2057 and 2081-2082.
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`Finally, to the extent the Board chooses to unseal these documents (e.g., it
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`substantively relies on them in its final written decision), Patent Owner requests
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`the opportunity to redact those portions of these exhibits on which the Board does
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`not rely.
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`For the foregoing reasons, the Board should seal the unredacted versions of
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`Exhibits 2057 and 2081-2082.
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`II.
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`CERTIFICATION OF NON-PUBLICATION
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`To the undersigned counsel’s knowledge, the information sought to be
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`sealed by this motion has not been published or otherwise made public.
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`3
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`III. CERTIFICATION OF CONFERENCE WITH OPPOSING PARTY
`PURSUANT TO 37 C.F.R. § 42.54.
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`Patent Owner has conferred with Petitioner, and Petitioner takes no position
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`on this motion until it has had an opportunity to review it.
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`THEREFORE, Patent Owner respectfully requests that the Board grant
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`Patent Owner’s Motion to Seal.
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`Respectfully submitted,
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`/William G. James/
`William G. James
`Registration No. 55,931
`GOODWIN PROCTER LLP
`901 New York Ave. NW
`Washington, DC 20001
`Tel: 202.346-4000
`Fax: 202-346-4444
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`Dated: June 7, 2016
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`4
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing PATENT
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`OWNER’S MOTION TO SEAL was served electronically via e-mail on June 7,
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`2016 on the following:
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`/Russell Warnick/
`Russell Warnick
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`Dr. Gregory Gonsalves
`2216 Beacon Lane
`Falls Church, Virginia 22043
`(571) 419-7252
`gonsalves@gonsalveslawfirm.com
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`Christopher Casieri
`McNeely, Hare & War LLP
`12 Roszel Road, Suite C104
`Princeton, NJ 08540
`(609) 731-3668
`chris@miplaw.com
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`
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`Counsel for Petitioner Coalition
`for Affordable Drugs VIII, LLC
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`
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`Dated:
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`June 7, 2016
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