Trials@uspto.gov
`Tel: 571-272-7822
`
`
`Paper 105
`Entered: November 29, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`MYLAN PHARMACEUTICALS INC.,
`TEVA PHARMACEUTICALS USA, INC., and AKORN INC.,
`Petitioners,
`
`v.
`
`SAINT REGIS MOHAWK TRIBE,
`Patent Owner.
`____________
`
`Case IPR2016-01127 (8,685,930 B2)
`Case IPR2016-01128 (8,629,111 B2)
`Case IPR2016-01129 (8,642,556 B2)
`Case IPR2016-01130 (8,633,162 B2)
`Case IPR2016-01131 (8,648,048 B2)
`Case IPR2016-01132 (9,248,191 B2)1
`_______________
`
`Before SHERIDAN K. SNEDDEN, TINA E. HULSE, and
`CHRISTOPHER G. PAULRAJ, Administrative Patent Judges.
`
`SNEDDEN, Administrative Patent Judge
`DECISION
`Granting Motions to Seal
`37 C.F.R. §§ 42.14
`
`
`
`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.
`
`
`Tel: 571-272-7822
`
`
`Paper 105
`Entered: November 29, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`MYLAN PHARMACEUTICALS INC.,
`TEVA PHARMACEUTICALS USA, INC., and AKORN INC.,
`Petitioners,
`
`v.
`
`SAINT REGIS MOHAWK TRIBE,
`Patent Owner.
`____________
`
`Case IPR2016-01127 (8,685,930 B2)
`Case IPR2016-01128 (8,629,111 B2)
`Case IPR2016-01129 (8,642,556 B2)
`Case IPR2016-01130 (8,633,162 B2)
`Case IPR2016-01131 (8,648,048 B2)
`Case IPR2016-01132 (9,248,191 B2)1
`_______________
`
`Before SHERIDAN K. SNEDDEN, TINA E. HULSE, and
`CHRISTOPHER G. PAULRAJ, Administrative Patent Judges.
`
`SNEDDEN, Administrative Patent Judge
`DECISION
`Granting Motions to Seal
`37 C.F.R. §§ 42.14
`
`
`
`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.
`
`
`
`IPR2016-01127 (8,685,930 B2); IPR2016-01128 (8,629,111 B2);
`IPR2016-01129 (8,642,556 B2); IPR2016-01130 (8,633,162 B2);
`IPR2016-01131 (8,648,048 B2); IPR2016-01132 (9,248,191 B2)
`
`Exhibits 2086 and 2087
`Pursuant to 37 C.F.R. § 42.14, Patent Owner filed, in each proceeding,
`motions to seal Exhibits 2086 and 2087 in their entirety. Paper 98.2
`Petitioner filed an opposition to Patent Owner’s motions to seal. Paper 101.
`Generally speaking, all papers and evidence in the record of an inter
`partes review shall be made available to the public, except as otherwise
`ordered. Documents filed with a motion to seal, however, 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 the 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). That includes showing
`that the information is truly confidential, and that such confidentiality
`outweighs the strong public interest in having an open record. See Garmin,
`slip op. at 3.
`We have reviewed Patent Owner’s motions to seal, the documents
`sought to be sealed, the proposed limited redactions and Petitioner’s
`opposition and determine that Patent Owner has the better position at this
`time. In particular, we find that the information that Patent Owner seeks to
`
`
`2 Paper numbers and exhibits cited in this order refer to those documents
`filed in IPR2016-01127. Similar papers and exhibits were filed in the other
`proceedings.
`
` 2
`
`
`
`
`
`
`
`IPR2016-01127 (8,685,930 B2); IPR2016-01128 (8,629,111 B2);
`IPR2016-01129 (8,642,556 B2); IPR2016-01130 (8,633,162 B2);
`IPR2016-01131 (8,648,048 B2); IPR2016-01132 (9,248,191 B2)
`
`file under seal appears, on its face, to contain confidential or commercial
`information. We are further persuaded by Patent Owner’s assertion that
`there is good cause to seal the Exhibits 2086 and 2087 because the limited
`redacted portions of these documents contain confidential information that
`was not relied upon by either party in any of the briefs related to Patent
`Owner’s Motion to Dismiss. Paper 98, 1; see also, Papers 78, 86, and 93.
`As such, protecting the confidential information from public disclosure only
`minimally impacts the public’s interest in maintaining a complete file
`history. Accordingly, based on the reasonably limited scope of the
`protection sought, we determine that good cause exists to grant the motions
`to seal.
`The parties are reminded that information subject to a motion to seal
`may become public if identified in any decision in this proceeding, and that
`a motion to expunge the information will not necessarily prevail over the
`public interest in maintaining a complete and understandable file history. See
`Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,761 (Aug. 14,
`2012).
`
`Paper 86
`Additionally, Petitioner filed under seal a confidential version of its
`Opposition to the Tribe’s Motion to Dismiss, which quotes from Exhibits
`2086 and 2087. See Paper 86. Patent Owner represents that “[t]he parties
`conferred on November 15, 2017 and agree that Paper 86 may be unsealed
`in its entirety.” Per the parties’ agreement, Paper 86 will be unsealed
`following entry of this Order. See Paper 101, 2–3.
`
`
` 3
`
`
`
`
`
`
`
`IPR2016-01127 (8,685,930 B2); IPR2016-01128 (8,629,111 B2);
`IPR2016-01129 (8,642,556 B2); IPR2016-01130 (8,633,162 B2);
`IPR2016-01131 (8,648,048 B2); IPR2016-01132 (9,248,191 B2)
`
`
`Accordingly, it is
`ORDERED that Patent Owner’s Motion to Seal is GRANTED; and
`FURTHER ORDERED that Paper 86 will be unsealed following entry
`of this Order.
`
`PETITIONER MYLAN:
`
`Steven W. Parmelee
`Michael T. Rosato
`Jad A. Mills
`Richard Torczon
`WILSON SONSINI GOODRICH & ROSATI
`sparmelee@wsgr.com
`mrosato@wsgr.com
`jmills@wsgr.com
`rtorczon@wsgr.com
`
`
`PETITIONER TEVA:
`
`Gary Speier
`Mark Schuman
`CARLSON, CASPERS, VANDENBURH,
`LINDQUIST & SCHUMAN, P.A.
`gspeier@carlsoncaspers.com
`mschuman@carlsoncaspers.com
`
`PETITIONER AKORN:
`
`Michael Dzwonczyk
`Azadeh Kokabi
`Travis Ribar
`SUGHRUE MION, PLLC
`mdzwonczyk@sughrue.com
`akokabi@sughrue.com
`
`
` 4
`
`
`
`
`
`
`
`IPR2016-01127 (8,685,930 B2); IPR2016-01128 (8,629,111 B2);
`IPR2016-01129 (8,642,556 B2); IPR2016-01130 (8,633,162 B2);
`IPR2016-01131 (8,648,048 B2); IPR2016-01132 (9,248,191 B2)
`
`PATENT OWNER:
`
`Dorothy P. Whelan
`Michael Kane
`Susan Coletti
`Robert Oakes
`Jonathan Singer
`FISH & RICHARDSON P.C.
`IPR13351-0008IP1@fr.com
`
`whelan@fr.com
`PTABInbound@fr.com
`coletti@fr.com
`oakes@fr.com
`singer@fr.com
`
`
`Alfonso Chan
`Joseph DePumpo
`Michael Shore
`Christopher Evans
`SHORE CHAN DEPUMPO LLP
`achan@shorechan.com
`jdepumpo@shorechan.com
`mshore@shorechan.com
`cevans@shorechan.com
`
`Marsha Schmidt
`marsha@mkschmidtlaw.com
`
`
`
`
`
` 5
`
`
`
`
`
`
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