throbber
Trials@uspto.gov
`Tel: 571-272-7822
`
`
`Paper 95
`Entered: November 9, 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.
`
`PAULRAJ, Administrative Patent Judge
`ORDER
`Conduct of the Proceedings
`37 C.F.R § 42.5
`
`
`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)
`
`
`In connection with its Motion to Dismiss, the Saint Regis Mohawk
`Tribe (“Tribe”) has filed certain of its agreements with Allergan, Inc. under
`seal in these proceedings. Ex. 2086; Ex. 2087. 2 Additionally, Petitioners
`filed a confidential version of their Opposition to the Tribe’s Motion to
`Dismiss, which quotes from these agreements, under seal. See Paper 86.
`The parties, however, have not filed a motion to seal these documents in
`accordance with our rules. See 37 C.F.R. § 42.14 (“A party intending a
`document or thing to be sealed shall file a motion to seal concurrent with the
`filing of the document or thing to be sealed.”); 37 C.F.R. § 42.54(a); see also
`Paper 9 (Standing Order), 4.
`To avoid any prejudice, we direct the parties to meet and confer as to
`whether any of the information in Exhibits 2086 and 2087 and Paper 86
`should be treated as confidential. After such a meet and confer, the Tribe
`may file a motion to seal these documents with a showing of “good cause”
`as to why the information sought to be sealed constitutes confidential
`information. Any such motion shall be filed no later than five (5) business
`days after entry of this Order, and shall provide a detailed explanation of the
`efforts undertaken to protect the confidentiality of the information. See
`Garmin International v. Cuozzo Speed Technologies, LLC, Case IPR2012-
`00001, slip op. at 1-2 (PTAB March 14, 2013) (Paper 34) (discussing the
`standards of the Board applied to motions to seal). To the extent that
`portions of the agreements are not deemed confidential, the Tribe shall file
`
`
`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)
`
`redacted versions of the agreements with its motion to seal. In this regard,
`we note that the Tribe has previously referred to provisions of the same
`agreements in other public documents, including in the Tribe’s Reply in
`support of its Motion to Dismiss. Paper 93; Ex. 1157.
`Accordingly, based on the foregoing, it is:
`ORDERED that the parties are directed to meet and confer as to
`whether any of the information in Exhibits 2086 and 2087 and Paper 86
`should be treated as confidential;
`FURTHER ORDERED that, after such a meet and confer, the Tribe
`may file a motion to seal Exhibits 2086 and 2087 and Paper 86 with a
`showing of “good cause” as to why the information sought to be sealed
`constitutes confidential information within five (5) business days after entry
`of this Order;
`FURTHER ORDERED that any opposition to the Tribe’s motion to
`seal shall be filed within five (5) business days after such motion is filed;
`and
`
`FURTHER ORDERED that Exhibits 2086 and 2087 and Paper 86
`shall be unsealed and treated as public if no motion to seal is filed within
`five (5) business days after entry of this Order.
`
`
`
` 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)
`
`PETITIONER MYLAN:
`
`Steven W. Parmelee
`Michael T. Rosato
`Jad A. Mills
`WILSON SONSINI GOODRICH & ROSATI
`sparmelee@wsgr.com
`mrosato@wsgr.com
`jmills@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
`FISH & RICHARDSON P.C.
`whelan@fr.com
`PTABInbound@fr.com
`coletti@fr.com
`oakes@fr.com
`
`
`Alfonso Chan
`Michael Shore
`Christopher Evans
`SHORE CHAN DEPUMPO LLP
`achan@shorechan.com
`mshore@shorechan.com
`cevans@shorechan.com
`
`Marsha Schmidt
`marsha@mkschmidtlaw.com
`
`
`
`
`
` 5
`
`
`
`
`
`

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