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`Paper No. ___
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`Date Filed: Jan. 31, 2018
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`_______________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_______________________
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`AMERIGEN PHARMACEUTICALS LIMITED and
`ARGENTUM PHARMACEUTICALS LLC
`Petitioners,
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`v.
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`JANSSEN ONCOLOGY, INC.
`Patent Owner.
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`_______________________
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`Case IPR2016-002861
`Patent 8,822,438 B2
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`_______________________
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`MOTION TO SEAL UNDER 37 C.F.R. §§ 42.14 AND 42.54
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`1 Case IPR2016-01317 has been joined with this proceeding.
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`IPR2016-00286
`Patent 8,822,438
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`Pursuant to the Board’s January 17, 2018 Final Written Decision, Patent
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`Owner Janssen Oncology, Inc. (“Janssen”) submits the present motion to seal. See
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`IPR2016-00286, Paper 86 at 46-47 (PTAB Jan. 17, 2018). Janssen notes that it
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`timely filed a motion to seal through the End-to-End System on October 4, 2016,
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`as indicated by the attached filing record. See Ex. 2128 (depicting a screenshot of
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`the “Motions For IPR2016-00286”). It appears that when the motion was
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`originally filed on October 4, 2016, it was assigned a “Motion Initiated” status that
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`may not permit the Board to retrieve it. Id. Thus, in accordance with the Board’s
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`instructions, Janssen hereby re-submits its motion to seal as set forth below.
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`Pursuant to 37 C.F.R. §§ 42.14 and 42.54, Patent Owner Janssen Oncology,
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`Inc. (“Janssen”) respectfully submits this motion to seal the confidential versions
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`of Janssen’s Declarations of Christopher A. Vellturo, Ph.D. (Ex. 2044) and
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`Matthew B. Rettig, M.D. (Ex. 2038), as well as Exhibits 2092, 2093, 2094 and
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`2118, which Janssen filed on October 4, 2016. The Parties have previously met
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`and conferred and agreed to a modified version of the Board’s Default Protective
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`Order contained in Appendix B of the Patent Trial Practice Guide. See Ex. 2113.
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`Pursuant to paragraph 4(A)(ii) of the Parties’ proposed Standing Protective Order,
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`Patent Owner also filed non-confidential versions of the Declarations of
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`Christopher A. Vellturo, Ph.D. (Ex. 2115) and Matthew B. Rettig, M.D. (Ex. 2119)
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`with the confidential portions redacted.
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`1
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`IPR2016-00286
`Patent 8,822,438
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`I. Reasons for Sealing Certain Confidential Information
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`Janssen’s Declaration of Christopher A. Vellturo, Ph.D. cites to material
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`contained in Exhibits 2092, 2093, and 2094.
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`Exhibits 2092, 2093, and 2094 contain non-public research summaries
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`concerning the use of ZYTIGA®. These summaries include sensitive, non-public
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`research information and results of surveys of healthcare providers. Because
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`Exhibits 2092, 2093, and 2094 contain Janssen’s non-public research, Janssen
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`believes that good cause exists to seal Exhibits 2092, 2093, and 2094 in their
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`entirety and the portions of the Declaration of Christopher A. Vellturo, Ph.D.
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`disclosing confidential information from Exhibits 2092, 2093, and 2094.
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`Janssen’s Declaration of Matthew B. Rettig, M.D. cites to material contained
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`in Exhibit 2118.
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`Exhibit 2118 contains non-public technical research and development
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`information. It describes highly sensitive information relating to the research and
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`development of ZYTIGA®. Because Exhibit 2118 contains Janssen’s non-public
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`research and development information, Janssen believes that good cause exists to
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`seal Exhibit 2118 in its entirety
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`II. Certification of Non-Publication Status
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`With respect to Janssen’s Declaration of Christopher A. Vellturo, Ph.D.,
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`Declaration of Matthew B. Rettig, M.D., and Exhibits 2092, 2093, 2094 and 2118,
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`2
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`IPR2016-00286
`Patent 8,822,438
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`Janssen’s undersigned counsel certify that the information contained therein and
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`sought to be sealed has not, to the best of their knowledge, been published or
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`otherwise made public.
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`III. Certification of Conference of the Parties Pursuant to 37 C.F.R. §
`42.54
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`The Parties have previously conferred in good faith via telephone and email
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`and agreed to the terms of a modified version of the Board’s Default Protective
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`Order. See Ex. 2113.
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`IV. Proposed Protective Order
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`The Parties’ proposed Standing Protective Order submitted concurrently (see
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`Ex. 2113) and to which the Parties have agreed to be bound in this matter, is a
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`slightly modified version of the Board’s Default Protective Order. See Ex. 2114.
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`***
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`For the foregoing reasons, Patent Owner respectfully requests that the Board
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`enter an Order sealing the confidential versions of Janssen’s Declaration of
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`Christopher A. Vellturo, Ph.D. and Declaration of Matthew B. Rettig, M.D., and
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`the entirety of Exhibits 2092, 2093, 2094 and 2118, and requiring the parties to
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`abide by the Standing Protective Order. See Ex. 2113.
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`3
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`IPR2016-00286
`Patent 8,822,438
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`Date: January 31, 2018
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`Respectfully submitted,
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`
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`/Dianne B. Elderkin/
`Dianne B. Elderkin
`Registration No. 28,598
`Counsel for Patent Owner
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`4
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`IPR2016-00286
`Patent 8,822,438
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing MOTION TO
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`SEAL UNDER 37 C.F.R. §§ 42.14 AND 42.54 was served on counsel of record
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`on January 31, 2018 by filing this document through the End-to-End System, as
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`well as delivering a copy via electronic mail to counsel of record for the Petitioner
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`and Patent Co-Owner at the following addresses:
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`William Hare - bill@miplaw.com
`Gabriela Materassi - materassi@miplaw.com
`Christopher Casieri - chris@miplaw.com
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`Teresa Stanek Rea - TRea@Crowell.com
`Shannon M. Lentz - SLentz@Crowell.com
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`Anthony C. Tridico - anthony.tridico@finnegan.com
`Jennifer H. Roscetti - jennifer.roscetti@finnegan.com
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`Respectfully submitted,
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`
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`Date: Jan. 31, 2018
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`By: /Dianne B. Elderkin/
`Dianne B. Elderkin
`Registration No. 28,598
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`Counsel for Patent Owner
`Janssen Oncology, Inc.
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`5
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