`571-272-7822
`
`
`
`
`
`
`
`
` Paper No. 88
`
`
` Entered: June 16, 2017
`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`STEADYMED LTD.,
`Petitioner,
`
`v.
`
`UNITED THERAPEUTICS CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2016-00006
`Patent 8,497,393 B2
`____________
`
`
`
`Before LORA M. GREEN, JONI Y. CHANG, and
`JACQUELINE T. HARLOW, Administrative Patent Judges.
`
`HARLOW, Administrative Patent Judge.
`
`
`
`
`ORDER
`Granting Request to Preserve Record Pending Appeal
`37 C.F.R. § 42.56
`
`
`
`
`
`
`
`
`IPR2016-00006
`Patent 8,497,393 B2
`
`
`
`Patent Owner, United Therapeutics Corporation, requests, via
`electronic correspondence of June 6, 2017, authorization to file a motion to
`preserve the record pending appeal, or, in the alternative, to have its
`confidential information expunged from the record under 37 C.F.R. § 42.56.
`Petitioner, SteadyMed LTD, does not oppose Patent Owner’s request.
`During trial, the parties filed certain papers and exhibits (e.g.,
`Paper 31; Ex. 2003) under seal, alleging that these documents contain
`confidential information. See, e.g., Paper 38. Because there is an
`expectation that information will be made public where the information is
`identified in a final written decision, confidential information that is subject
`to a protective order ordinarily would become public 45 days after final
`judgment in a trial, unless a motion to expunge is granted. 37 C.F.R.
`§ 42.56; Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,761
`(Aug. 14, 2012).
`Patent Owner filed a Notice of Appeal on May 31, 2017. Paper 87.
`Accordingly, although we relied on certain confidential information in
`rendering the Final Written Decision (Paper 82) in the instant inter partes
`review, in view of Patent Owner’s pending appeal, we determine that it is
`reasonable to maintain the record undisturbed pending the outcome of that
`appeal.
`The parties are therefore instructed to keep the Board apprised of the
`status of appeal proceedings, including when such proceedings are complete.
`At the conclusion of such proceedings, the parties may contact the Board for
`authorization to file a motion to expunge confidential information. If neither
`
`2
`
`
`
`IPR2016-00006
`Patent 8,497,393 B2
`
`
`party contacts the Board, then the information filed under seal will be made
`public in due course. See 77 Fed. Reg. at 48761.
`It is
`ORDERED that all documents in these proceedings will be
`maintained in their current form until the conclusion of any and all appeals;
`FURTHER ORDERED that any documents currently under seal in
`non-public form will be maintained as such until the conclusion of any and
`all appeals;
`FURTHER ORDERED that upon conclusion of any and all appeals,
`at least one of the parties will file in these proceedings any mandate or
`similar paper indicating that jurisdiction has passed back to the Board,
`within 30 days of the issuance of that paper; and
`FURTHER ORDERED that any due date to file a motion to expunge
`under 37 C.F.R. § 42.56 is extended to no later than 45 days from the filing
`of the aforementioned mandate or similar paper.
`
`
`
`3
`
`
`
`IPR2016-00006
`Patent 8,497,393 B2
`
`
`PETITIONER:
`
`Stuart E. Pollack
`Lisa A. Haile
`DLA Piper LLP
`stuart.pollack@dlapiper.com
`lisa.haile@dlapiper.com
`steadymed-ipr@dlapiper.com
`
`PATENT OWNER:
`
`Stephen B. Maebius
`George Quillin
`FOLEY & LARDNER LLP
`smaebius@foley.com
`gquillin@foley.com
`UT393-IPR@foley.com
`
`Shaun R. Snader
`UNITED THERAPEUTICS CORP.
`ssnader@unither.com
`
`Douglas Carsten
`Richard Torczon
`Robert Delafield
`Katherine Hasper
`WILSON, SONSINI, GOODRICH & ROSATI
`dcarsten@wsgr.com
`rtorczon@wsgr.com
`bdelafield@wsgr.com
`khasper@wsgr.com
`
`
`4
`
`
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