Trials @uspto.gov Paper 35
`571-272-7822
` Entered: February 10, 2017
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MYLAN LABORATORIES LIMITED,
`Petitioner
`
`v.
`
`AVENTIS PHARMA S.A.,
`Patent Owner
`____________
`
`Case IPR2016-00712
`Patent 8,927,592 B2
`
`____________
`
`Before BRIAN P. MURPHY, TINA E. HULSE, and
`CHRISTOPHER M. KAISER, Administrative Patent Judges.
`
`MURPHY, Administrative Patent Judge.
`
`
`
`DECISION
`On Patent Owner’s Motion to Seal
`37 C.F.R. §§ 42.14 and 42.54
`
`
`
`
`
`
`
`571-272-7822
` Entered: February 10, 2017
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MYLAN LABORATORIES LIMITED,
`Petitioner
`
`v.
`
`AVENTIS PHARMA S.A.,
`Patent Owner
`____________
`
`Case IPR2016-00712
`Patent 8,927,592 B2
`
`____________
`
`Before BRIAN P. MURPHY, TINA E. HULSE, and
`CHRISTOPHER M. KAISER, Administrative Patent Judges.
`
`MURPHY, Administrative Patent Judge.
`
`
`
`DECISION
`On Patent Owner’s Motion to Seal
`37 C.F.R. §§ 42.14 and 42.54
`
`
`
`
`
`
`
`
`IPR2016-00712
`Patent 8,927,592 B2
`
`
`
`
`
`
`On December 23, 2016, Patent Owner filed a Motion to Seal Exhibits
`2149 (portions of ¶ 29), 2170, 2171, 2176 (portions of ¶¶ 47, 164), 2179,
`2182, and 2211, and a Motion for entry of a Stipulated Protective Order.
`Paper 24 (“Motion” or “Mot.”). Patent Owner additionally filed redacted
`versions of Exhibit 2149 (“Public Tate Declaration”) and Exhibit 2176
`(“Public Sartor Declaration”) that are accessible to the public. Patent Owner
`also submitted, as Appendix A of the Motion, a proposed Stipulated
`Protective Order that differs from the Board’s default Protective Order.
`Petitioner has not filed an opposition to the Motion. Counsel for Patent
`Owner certifies that he has conferred with counsel for Petitioner and the
`parties have agreed to the entry of the Stipulated Protective Order in this
`proceeding. Mot. 8.
`The record for an inter partes review shall be made available to the
`public, except as otherwise ordered, and a document filed with a motion to
`seal shall be treated as sealed until the motion is decided. 35 U.S.C.
`§ 316(a)(1); 37 C.F.R. § 42.14. The standard for granting a motion to seal is
`“good cause.” 37 C.F.R. § 42.54. There is a strong public policy that favors
`making information filed in inter partes review proceedings open to the
`public. See Garmin Int’l v. Cuozzo Speed Techs., LLC, Case IPR2012-
`00001, slip op. at 1–2 (PTAB Mar. 14, 2013) (Paper 34) (discussing Board
`standards applied to motions to seal). The moving party bears the burden of
`showing that the relief requested should be granted. 37 C.F.R. § 42.20(c).
`Satisfaction of the burden requires a showing that the information is truly
`confidential, and that such confidentiality outweighs the strong public
`interest in having an open record. See Garmin at 3.
`
`
`
`2
`
`
`
`IPR2016-00712
`Patent 8,927,592 B2
`
`
`
`
`
`
`In the instant case, Patent Owner asserts that the documents to be
`sealed include highly sensitive business information pertaining to (i) market
`share of treatments for prostate cancer post-docetaxel, including Jevtana®
`(Exs. 2149, 2170, 2171, and 2179), and (ii) confidential clinical research
`information (Exs. 2176, 2182, and 2211). Mot. 3–7. Patent Owner further
`asserts that, if made public, the aforementioned highly sensitive business
`information could cause competitive harm to Patent Owner by giving direct
`competitors knowledge of Patent Owner’s business, marketing, and clinical
`research operations. Id.
`After consideration of the Motion, the sealed and redacted (public)
`documents, and the proposed Stipulated Protective Order, Patent Owner’s
`Motion is granted. We are persuaded that Patent Owner has demonstrated
`good cause for keeping the identified information under seal, because it
`relates to highly sensitive and confidential business information of Patent
`Owner that could cause competitive harm to Patent Owner. Patent Owner
`has filed public versions of Exhibits 2149 (Tate Declaration) and 2176
`(Sartor Declaration) with appropriately limited redactions (Ex. 2149 ¶ 29;
`Ex. 2176 ¶¶ 47, 164) so as to provide the thrust of Patent Owner’s argument,
`without compromising the underlying confidential business information.
`The proposed modifications to the Board’s default Protective Order are
`minor and tailored to the parties’ particular needs in this proceeding.
`The parties are reminded that confidential information subject to a
`protective order ordinarily becomes public 45 days after final judgment in a
`trial. Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,761 (Col.
`1) (Aug. 14, 2012). There is an expectation that information will be made
`
`
`
`3
`
`
`
`
`
`IPR2016-00712
`Patent 8,927,592 B2
`
`
`
`public where the existence of the information is identified in a final written
`decision following a trial. Id. After final judgment in a trial, a party may
`file a motion to expunge confidential information from the record prior to
`the information becoming public. See 37 C.F.R. § 42.56.
`In consideration of the foregoing, it is:
`ORDERED that Patent Owner’s Motion is granted and that Patent
`Owner shall file the Stipulated Protective Order as a paper in this
`proceeding;
`FURTHER ORDERED that the following Exhibits shall be sealed as
`“Parties and Board Only”: Exhibits 2149 (Confidential Tate Declaration),
`2170, 2171, 2176 (Confidential Sartor Declaration), 2179, 2182, and 2211.1
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`1 Patent Owner has filed the identified exhibits as “Filing Party and Board
`Only.” Upon entry of the Stipulated Protective Order, Patent Owner shall
`change the filing status of the identified exhibits to “Parties and Board
`Only.”
`
`
`
`4
`
`
`
`
`
`
`
`IPR2016-00712
`Patent 8,927,592 B2
`
`
`FOR PETITIONER:
`Steven W. Parmelee
`Michael T. Rosato
`Jad A. Mills
`Matthew R. Reed
`Wendy L. Devine
`Nellie J. Amjadi
`WILSON SONSINI GOODRICH & ROSATI
`sparmelee@wsgr.com
`mrosato@wsgr.com
`jmills@wsgr.com
`mreed@wsgr.com
`wdevine@wsgr.com
`namjadi@wsgr.com
`
`
`FOR PATENT OWNER:
`
`Dominic A. Conde
`Whitney L. Meier
`FITZPATRICK CELLA HARPER & SCINTO
`dconde@fchs.com
`wmeier@fchs.com
`
`
`
`5
`
`
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