`Filed: May 19, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________________
`
`
`
`MYLAN LABORATIORIES, LTD.,
`Petitioner,
`
`v.
`
`AVENTIS PHARMA S.A.,
`Patent Owner.
`
`_____________________________
`
`Case IPR2016-00712
`Patent 8,927,592
`_____________________________
`
`PETITIONER MYLAN LABORATORIES LIMITED’S
`MOTION TO SEAL
`
`
`
`Case IPR2016-00712
`Patent 8,927,592
`
`I.
`
`STATEMENT OF PRECISE RELIEF REQUESTED
`
`Pursuant to 37 C.F.R. § 42.14, Petitioner Mylan Laboratories, Ltd. (“Mylan”
`
`or “Petitioner”) respectfully submits Petitioner’s Reply in Support of Motion to
`
`Exclude Evidence under seal because it discusses Exhibit 1042 (Tate Deposition
`
`Transcript) and Papers 64 and 72. Aventis has designated each of these documents
`
`confidential subject to the Stipulated Protective Order (Paper 36). Petitioner has
`
`not presently filed a redacted version of the Reply in Support of Motion to
`
`Exclude. Upon confirmation from Aventis that portions of the Reply in Support of
`
`Motion to Exclude may be filed publicly or an order from the Board permitting the
`
`public filing, Petitioner is willing to file a redacted version of the Reply in Support
`
`of Motion to Exclude.
`
`II. GOOD CAUSE MUST EXIST FOR SEALING CONFIDENTIAL
`INFORMATION
`
`The record of a proceeding is open and available for access by the public.
`
`See 37 C.F.R. § 42.14. The Board must find “good cause” to seal documents.
`
`Garmin v. Cuozzo, IPR2012-00001, Paper 36 at 3 (PTAB April 5, 2013). “The
`
`rules aim to strike a balance between the public’s interest in maintaining a
`
`complete and understandable file history and the parties’ interest in protecting truly
`
`sensitive information.” The Office Patent Trial Practice Guide, 77 Fed. Reg.
`
`48756, 48760 (Aug. 14, 2012).
`
`
`
`-1-
`
`
`
`Case IPR2016-00712
`Patent 8,927,592
`
`The public’s interest in having access to a party’s confidential business or
`
`clinical research information that is only indirectly related to patent validity is
`
`“minimal.” Garmin at 8-9 (granting the patent owner’s motion to seal an
`
`agreement relating to the “commercializ[ation]” of the patent-at-issue). Here, good
`
`cause supports Petitioner’s filing of the Reply in Support of Motion to Exclude
`
`under seal because Petitioner is thereby complying with the Stipulated Protective
`
`Order in this Proceeding. Stipulated Protective Order. Paper 36 at 4 (“Information
`
`designated as confidential that is disclosed to another party during discovery or
`
`other proceedings before the Board shall be clearly marked as ‘PROTECTIVE
`
`ORDER MATERIAL’ and shall be produced in a manner that maintains its
`
`confidentiality”).
`
`III. CERTIFICATION OF CONFERENCE WITH OPPOSING PARTY
`PURSUANT TO 37 C.F.R. §42.54
`
`Counsel for Mylan has conferred with counsel for Aventis regarding the
`
`confidentiality of Exhibit 1042 and Papers 64 and 72.
`
`IV. CONCLUSION
`
`For the reasons provided above, Mylan requests that the Board permit
`
`Petitioner to file its Reply in Support of Motion to Exclude under seal.
`
`-2-
`
`
`
`
`
`Case IPR2016-00712
`Patent 8,927,592
`
`
`Date: May 19, 2017
`
`
`
`Respectfully submitted,
`
`/ Steven W. Parmelee /
`Steven W. Parmelee
`Reg. No. 31,990
`
`
`
`
`
`
`
`
`
`-3-
`
`
`
`Case IPR2016-00712
`Patent 8,927,592
`
`
`
`CERTIFICATE OF SERVICE
`
`This is to certify that I caused to be served a true and correct copy of the
`
`foregoing Petitioner Mylan Laboratories Limited’s Motion to Seal, on this 19th
`
`day of May, 2017, on the Patent Owner at the correspondence address of the Patent
`
`Owner as follows:
`
`Dominick A. Conde
`William E. Solander
`Jason A. Leonard
`Whitney L. Meier
`Daniel J. Minion
`Joshua I. Rothman
`FITZPATRICK, CELLA, HARPER & SCINTO
`1290 Avenue of the Americas
`New York, NY 1014-3800
`Email: dconde@fchs.com
`Email: wsolander@fchs.com
`Email: jleonard@fchs.com
`Email: wmeier@fchs.com
`Email: dminion@fchs.com
`Email: jrothman@fchs.com
`
`Respectfully submitted,
`
`/ Steven W. Parmelee /
` Steven W. Parmelee, Lead Counsel
` Reg. No. 31,990
`
`
`
`
`
`
`
`Dated: May 19, 2017
`
`
`
`
`
`
`
`-4-
`
`
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