`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`MYLAN PHARMACEUTICALS INC., ACTAVIS
`LABORATORIES FL, INC., AMNEAL PHARMACEUTICALS LLC,
`AMNEAL PHARMACEUTICALS OF NEW YORK, LLC, DR. REDDY'S
`LABORATORIES, INC., DR. REDDY'S LABORATORIES, LTD.,
`SUN PHARMACEUTICALS INDUSTRIES, LTD.,
`SUN PHARMACEUTICALS INDUSTRIES, INC.,
`TEVA PHARMACEUTICALS USA, INC., WEST-WARD
`PHARMACEUTICAL CORP., and HIKMA PHARMACEUTICALS, LLC,
`
`Petitioners
`
`v.
`
`JANSSEN ONCOLOGY, INC.,
`
`Patent Owner
`
`Case IPR2016-013321
`Patent 8,822,438 B2
`
`
`
`
`
`
`MOTION TO SEAL UNDER 37 C.F.R. §§ 42.14 AND 42.54
`
`
`1 Case IPR2017-00853 has been joined with this proceeding.
`
`
`
`
`
`
`Pursuant to 37 C.F.R. §§ 42.14 and 42.54, Petitioner Mylan Pharmaceuticals
`
`Inc. (“Mylan”) respectfully submits this motion to seal the confidential version of
`
`the April 10, 2017 Deposition of Dr. Richard Auchus (“Auchus Deposition”)
`
`(Ex. 1143) and the confidential version of the Reply Declaration of Ivan T.
`
`Hofmann (“Hofmann Reply Declaration”) (Ex. 1134), both of which Mylan filed
`
`on April 19, 2017. Pursuant to paragraph 4(A)(ii) of the Protective Order filed in
`
`this case (Ex. 2113), Mylan is also concurrently filing a non-confidential version of
`
`the Auchus Deposition (Ex. 1144) and a non-confidential version of the Hofmann
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`Reply Declaration (Ex. 1145) with the confidential portions redacted.
`
`I. Reasons for Sealing Certain Confidential Information
`
`With respect to the Auchus Deposition, Patent Owner has designated pages
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`18:10-23:5 and 23:10-23:18 of the Auchus Deposition as Confidential under the
`
`Protective Order.
`
`With respect to the Hofmann Reply Declaration, Patent Owner has
`
`previously moved to seal Exhibits 2092 and 2093. Paper No. 34. Mylan seeks to
`
`file under seal the portions of the Hofmann Reply Declaration that relate to these
`
`exhibits.
`
`II. Certification of Non-Publication
`
`To the undersigned counsel’s knowledge, the information sought to be
`
`sealed by this motion has not been published or otherwise made public.
`
`
`
`
`
`
`III. Certification of Conference With Opposing Party Pursuant to 37 C.F.R.
`§ 42.54.
`
`Mylan has conferred with Patent Owner, and Patent Owner does do not
`
`oppose this motion to seal.
`
`* * *
`
`For the foregoing reasons, Mylan respectfully requests that the Board enter
`
`an Order sealing the confidential version of the Auchus Deposition (Ex. 1143) and
`
`the confidential version of the Hofmann Reply Declaration (Ex. 1134).
`
`
`Dated: April 19, 2017
`
`
`
`
`
`
`
`
`
`/Brandon M. White/
`Brandon M. White
`Reg. No. 52,354
`
`PERKINS COIE LLP
`700 13th Street, NW, Suite 600
`Washington, D.C. 20005
`Telephone: (202) 654-6204
`Facsimile: (202) 654-6211
`Email: bmwhite@perkinscoie.com
`
`Attorney for Mylan Pharmaceuticals Inc.
`
`
`
`2
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that the foregoing Motion to Seal was
`
`served electronically via email as follows:
`
`
`Patent Owners:
`
`Dianne B. Elderkin
`Barbara L. Mullin
`Ruben H. Munoz
`Akin Gump Strauss Hauer & Feld LLP
`JANS-ZYTIGA@akingump.com
`
`Todd L. Krause
`David T. Pritikin
`Bindu Donovan
`Paul J. Zegger
`Sidley Austin LLP
`ZytigaIPRTeam@sidley.com
`
`
`
`Petitioners:
`
`Samuel S. Park
`Jovial Wong
`Ryan B. Hauer
`Winston & Strawn LLP
`spark@winston.com
`jwong@winston.com
`rhauer@winston.com
`
`
`
`
`
`
`Dated: April 19, 2017
`
`
`
`
`
`
`
`/Brandon M. White/
`Brandon M. White
`
`Attorney for Mylan Pharmaceuticals Inc.
`
`
`
`1
`
`
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