`Filed: May 22, 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 Response to the Patent Owner’s
`
`Motion for Observations on the Cross-Examination of Mr. Robert McSorley under
`
`seal because it discusses Exhibits 1044, 1065, 1068, 1071, and 2261. 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 Response. Upon confirmation from Aventis that portions of the Response
`
`may be filed publicly or an order from the Board permitting the public filing,
`
`Petitioner is willing to file a redacted version of the Response.
`
`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).
`
`The public’s interest in having access to a party’s confidential business or
`
`
`
`-1-
`
`
`
`Case IPR2016-00712
`Patent 8,927,592
`
`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 Response 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 Exhibits 1044, 1065, 1068, 1071, and 2261.
`
`IV. CONCLUSION
`
`For the reasons provided above, Mylan requests that the Board permit
`
`Petitioner to file its Response to the Patent Owner’s Motion for Observations on
`
`the Cross-Examination of Mr. Robert McSorley under seal.
`
`
`
`Date: May 22, 2017
`
`
`
`Respectfully submitted,
`
`/ Steven W. Parmelee /
`Steven W. Parmelee
`Reg. No. 31,990
`
`
`
`
`
`
`
`
`
`-2-
`
`
`
`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 22nd
`
`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
`
`
`
`Dated: May 22, 2017
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/ Steven W. Parmelee /
` Steven W. Parmelee, Lead Counsel
` Reg. No. 31,990
`
`
`
`
`
`-3-
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
