Paper No. ___
`Filed: June 30, 2017
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________________
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`
`
`MYLAN PHARMACEUTICALS INC., TEVA PHARMACEUTICALS USA,
`INC. and AKORN INC.,1
`Petitioners,
`
`v.
`
`ALLERGAN, INC.
`Patent Owner.
`
`_____________________________
`
`Case IPR2016-01127 (US 8,685,930 B2)
`Case IPR2016-01128 (US 8,629,111 B2)
`Case IPR2016-01129 (US 8,642,556 B2)
`Case IPR2016-01130 (US 8,633,162 B2)
`Case IPR2016-01131 (US 8,648,048 B2)
`Case IPR2016-01132 (US 9,248,191 B2)
`_____________________________
`
`PETITIONERS’ MOTION TO SEAL
`
`
`1 Cases IPR2017-00576 and IPR2017-00594, IPR2017-00578 and IPR2017-
`00596, IPR2017-00579 and IPR2017-00598, IPR2017-00583 and IPR2017-00599,
`IPR2017-00585 and IPR2017-00600, and IPR2017-00586 and IPR2017-00601,
`have respectively been joined with the captioned proceedings. The word-for-word
`identical paper is filed in each proceeding identified in the caption pursuant to the
`Board’s Scheduling Order (Paper 10).
`
`
`Filed: June 30, 2017
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________________
`
`
`
`MYLAN PHARMACEUTICALS INC., TEVA PHARMACEUTICALS USA,
`INC. and AKORN INC.,1
`Petitioners,
`
`v.
`
`ALLERGAN, INC.
`Patent Owner.
`
`_____________________________
`
`Case IPR2016-01127 (US 8,685,930 B2)
`Case IPR2016-01128 (US 8,629,111 B2)
`Case IPR2016-01129 (US 8,642,556 B2)
`Case IPR2016-01130 (US 8,633,162 B2)
`Case IPR2016-01131 (US 8,648,048 B2)
`Case IPR2016-01132 (US 9,248,191 B2)
`_____________________________
`
`PETITIONERS’ MOTION TO SEAL
`
`
`1 Cases IPR2017-00576 and IPR2017-00594, IPR2017-00578 and IPR2017-
`00596, IPR2017-00579 and IPR2017-00598, IPR2017-00583 and IPR2017-00599,
`IPR2017-00585 and IPR2017-00600, and IPR2017-00586 and IPR2017-00601,
`have respectively been joined with the captioned proceedings. The word-for-word
`identical paper is filed in each proceeding identified in the caption pursuant to the
`Board’s Scheduling Order (Paper 10).
`
`
`
`
`
`I.
`
`STATEMENT OF PRECISE RELIEF REQUESTED
`
`Pursuant to 37 C.F.R. § 42.14, Petitioners respectfully submit Exhibits 1028-
`
`1031, 1034-1036, 1038, 1119-1121, and 1123-1131 under seal because Allergan
`
`has designated each of these documents confidential subject to the Stipulated
`
`Protective Order (Paper 15). Petitioners also respectfully submit their Reply and
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`Exhibits 1039-1041 under seal because each of them discusses one or more of
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`Exhibits 1028-1031, 1034-1036, 1038, 1119-1121, and 1123-1131 and/or Exhibits
`
`previously filed under seal by Allergan. Petitioners have filed a redacted version of
`
`Exhibit 1038 because the transcript clearly delineates the confidential and the non-
`
`confidential record. Petitioners have not presently filed a redacted version of the
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`Reply, Exhibits 1034-1036, or Exhibits 1039-1041. Upon confirmation from
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`Allergan that portions of these documents may be filed publicly or an order from
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`the Board permitting the public filing, Petitioners are willing to file a public or
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`redacted version of any of these documents.
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`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
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`rules aim to strike a balance between the public’s interest in maintaining a
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`
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`-1-
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`complete and understandable file history and the parties’ interest in protecting truly
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`sensitive information.” The Office Patent Trial Practice Guide, 77 Fed. Reg.
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`48756, 48760 (Aug. 14, 2012).
`
`The public’s interest in having access to a party’s confidential business or
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`clinical research information that is only indirectly related to patent validity is
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`“minimal.” Garmin at 8-9 (granting the patent owner’s motion to seal an
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`agreement relating to the “commercializ[ation]” of the patent-at-issue). Here, good
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`cause supports Petitioners’ filing of the requested documents at least temporarily
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`under seal because Petitioners are thereby complying with the Stipulated Protective
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`Order in this Proceeding. Stipulated Protective Order. Paper 15 at 9 (“Information
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`designated as confidential that is disclosed to another party during discovery or
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`other proceedings before the Board shall be clearly marked as ‘PROTECTIVE
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`ORDER MATERIAL’ and shall be produced in a manner that maintains its
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`confidentiality”). Petitioners understand that Allergan may wish to file a paper in
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`support of sealing the material it has designated confidential.
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`III. CERTIFICATION OF CONFERENCE WITH OPPOSING PARTY
`PURSUANT TO 37 C.F.R. §42.54
`
`Counsel for Petitioner Mylan has conferred with counsel for Allergan
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`regarding Allergan’s designation of confidentiality of Exhibits 1028-1031, 1034-
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`1036, 1038, 1119-1121, and 1123-1131.
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`-2-
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`IV. CONCLUSION
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`For the reasons provided above, Petitioners request that the Board permit
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`them to file the documents described above at least temporarily under seal.
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`
`
`Date: June 30, 2017
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`
`
`Respectfully submitted,
`
`/ Steven W. Parmelee /
`Steven W. Parmelee
`Reg. No. 31,990
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`-3-
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`CERTIFICATE OF SERVICE
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`This is to certify that I caused to be served a true and correct copy of the
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`foregoing Petitioners’ Motion to Seal on this 30th day of June, 2017, on the Patent
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`Owner at the correspondence address of the Patent Owner as follows:
`
`Dorothy P. Whelan
`Michael Kane
`Susan Morrison Colletti
`Robert M. Oakes
`Jonathan Singer
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`Email: IPR13351-0008IP1@fr.com
`Email: IPR13351-0008IP2@fr.com
`Email: IPR13351-0008IP3@fr.com
`Email: IPR13351-0008IP4@fr.com
`Email: IPR13351-0008IP5@fr.com
`Email: IPR13351-0008IP6@fr.com
`Email: PTABInbound@fr.com
`
`And on the remaining petitioners as follows:
`
`
`Gary Speier
`Mark Schuman
`CARLSON, CASPERS, VANDENBURGH,
`LINDQUIST & SCHUMAN, P.A.
`225 South Sixth Street, Suite 4200
`Minneapolois, MN 55402
`Email: gspeier@carlsoncaspers.com
`Email: mschuman@carlsoncaspers.com
`Attorneys for Teva Pharmaceuticals USA, Inc.
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`-4-
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`Michael Dzwonczyk
`Azadeh Kokabi
`Travis Ribar
`SUGHRUE MION, PLLC
`2100 Pennsylvania Ave., NW
`Washington, DC 20037
`Email: mdzwonczyk@sughrue.com
`Email: akokabi@sughrue.com
`Email: tribar@sughrue.com
`Attorneys for Akorn Inc.
`
`Respectfully submitted,
`
`/ Steven W. Parmelee /
` Steven W. Parmelee, Lead Counsel
` Reg. No. 31,990
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`Dated: June 30, 2017
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`-5-
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