Paper No. ___
`Date Filed: March 17, 2017
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`________________
`
`WOCKHARDT BIO AG,
`Petitioner,
`
`v.
`
`JANSSEN ONCOLOGY, INC.,
`Patent Owner.
`
`________________
`
`Case IPR2016-01582
`Patent 8,822,438
`
`________________
`
`
`
`MOTION TO SEAL UNDER 37 C.F.R. §§ 42.14 AND 42.54
`
`
`
`
`
`
`
`
`
`Date Filed: March 17, 2017
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`________________
`
`WOCKHARDT BIO AG,
`Petitioner,
`
`v.
`
`JANSSEN ONCOLOGY, INC.,
`Patent Owner.
`
`________________
`
`Case IPR2016-01582
`Patent 8,822,438
`
`________________
`
`
`
`MOTION TO SEAL UNDER 37 C.F.R. §§ 42.14 AND 42.54
`
`
`
`
`
`
`
`
`
`
`IPR2016-01582
`Patent 8,822,438
`
`
`Pursuant to 37 C.F.R. §§ 42.14 and 42.54, Patent Owner Janssen Oncology,
`
`Inc. (“Janssen”) respectfully submits this motion to seal the confidential version of
`
`Janssen’s Declaration of Christopher A. Vellturo, Ph.D. (Exhibit 2044) and the
`
`confidential version of the deposition transcript of Dr. Paul A. Godley (Exhibit
`
`2161), as well as Exhibits 2092, 2093, and 2118, which Janssen filed on March 17,
`
`2016. The Parties have met and conferred and agreed to a modified version of the
`
`Board’s Default Protective Order contained in Appendix B of the Patent Trial
`
`Practice Guide. (See Ex. 2006). Pursuant to paragraph 4(A)(ii) of the Parties’
`
`proposed Standing Protective Order, Patent Owner is also concurrently filing a
`
`non-confidential version of the Declaration of Christopher A. Vellturo, Ph.D. (Ex.
`
`2115) and a non-confidential version of the deposition transcript of Dr. Paul A.
`
`Godley (Exhibit 2162), with the confidential portions redacted.
`
`I. Reasons for Sealing Certain Confidential Information
`
`Janssen’s Declaration of Christopher A. Vellturo, Ph.D. (Exhibit 2044) cites
`
`to material contained in Exhibits 2092 and 2093. A redacted version of Exhibit
`
`2044 is being filed as Exhibit 2115.
`
`Exhibits 2092 and 2093 contain non-public research summaries concerning
`
`the use of ZYTIGA®. These summaries include sensitive, non-public research in-
`
`formation and results of surveys of healthcare providers. Because Exhibits 2092,
`
`and 2093 contain Janssen’s non-public research, Janssen believes that good cause
`
`1
`
`
`
`
`IPR2016-01582
`Patent 8,822,438
`
`exists to seal Exhibits 2092 and 2093 in their entirety and the portions of the Dec-
`
`laration of Christopher A. Vellturo, Ph.D. disclosing confidential information from
`
`Exhibits 2092 and 2093.
`
`Exhibit 2118 contains non-public technical research and development in-
`
`formation. It describes highly sensitive information relating to the research and
`
`development of ZYTIGA®. Because Exhibit 2118 contains Janssen’s non-public
`
`research and development information, Janssen believes that good cause exists to
`
`seal Exhibit 2118 in its entirety.
`
`Exhibit 2161 is the deposition transcript of Dr. Paul A. Godley. At the re-
`
`quest of Petitioner, Janssen moves to file the deposition transcript of Dr. Godley
`
`under seal because it discloses Dr. Godley’s home address. A redacted version of
`
`Exhibit 2161 is being filed as Exhibit 2162.
`
`II. Certification of Non-Publication Status
`
`With respect to Janssen’s Declaration of Christopher A. Vellturo, Ph.D. and
`
`Exhibits 2092, 2093 and 2118, Janssen’s undersigned counsel certifies that the
`
`information contained therein and sought to be sealed has not, to the best of their
`
`knowledge, been published or otherwise made public.
`
`With respect to Ex. 2161, Janssen’s counsel certifies that the home address
`
`of Dr. Paul A. Godley has been redacted from the deposition transcript at the
`
`request of Petitioner.
`
`
`
`2
`
`
`
`IPR2016-01582
`Patent 8,822,438
`
`III. Certification of Conference of the Parties Pursuant to 37 C.F.R. §
`42.54
`
`The Parties have conferred in good faith via telephone and email and agreed
`
`to the terms of a modified version of the Board’s Default Protective Order. See Ex.
`
`2006.
`
`IV. Proposed Protective Order
`
`The Parties’ proposed Standing Protective Order submitted on November
`
`16, 2016 (see Ex. 2006) and to which the Parties have agreed to be bound in this
`
`matter, is a slightly modified version of the Board’s Default Protective Order. See
`
`Ex. 2007 (redline comparison of proposed and default protective orders).
`
`***
`
`For the foregoing reasons, Patent Owner respectfully requests that the Board
`
`enter an Order sealing the confidential versions of Janssen’s Declaration of
`
`Christopher A. Vellturo, Ph.D. and Ex. 2161, and the entirety of Exhibits 2092,
`
`2093, and 2118, and requiring the parties to abide by the Standing Protective Order
`
`(See Ex. 2006).
`
`
`
`3
`
`
`
`IPR2016-01582
`Patent 8,822,438
`
`Dated: March 17, 2017
`
`Respectfully Submitted,
`
`By: /Dianne B. Elderkin/
`Dianne B. Elderkin (Reg. No. 28,598)
`delderkin@akingump.com
`Barbara L. Mullin (Reg. No. 38,250)
`bmullin@akingump.com
`Ruben H. Munoz (Reg. No. 66,998)
`rmunoz@akingump.com
`AKIN GUMP STRAUSS HAUER &
`FELD LLP
`Two Commerce Square
`2001 Market Street, Suite 4100
`Philadelphia, PA 19103
`Tel: (215) 965-1200
`Fax: (215) 965-1210
`
`David T. Pritikin (pro hac vice)
`dpritikin@sidley.com
`Bindu Donovan (pro hac vice)
`bdonovan@sidley.com
`Paul Zegger (Reg. No. 33,821)
`pzegger@sidley.com
`Todd Krause (Reg. No. 48,860)
`tkrause@sidley.com
`SIDLEY AUSTIN LLP
`787 Seventh Avenue
`New York, NY 10019
`Tel.: (212) 839-5300
`Fax: (212) 839-5599 ZytigaIPR-
`Team@sidley.com
`Counsel for Patent Owner
`
`
`
`
`
`
`
`4
`
`
`
`IPR2016-01582
`Patent 8,822,438
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the foregoing MOTION TO
`
`SEAL UNDER 37 C.F.R. §§ 42.14 AND 42.54 was served on counsel of record
`
`on March 17, 2017 by filing this document through the End-to-End System, as well
`
`as delivering a copy via electronic mail to counsel of record for the Petitioner and
`
`Patent Co-Owner at the following addresses:
`
`Dennies Varughese - dvarughe-PTAB@skgf.com
`Deborah A. Sterling - dsterlin-PTAB@skgf.com
`Christopher M. Gallo - cgallo-PTAB@skgf.com
`Ralph W. Powers III – tpowers-PTAB@skgf.com
`
`Anthony C. Tridico - anthony.tridico@finnegan.com
`Jennifer H. Roscetti - jennifer.roscetti@finnegan.com
`
`
`
`
`
`Date: March 17, 2017
`
`Respectfully submitted,
`
`By: /Dianne B. Elderkin/
`Dianne B. Elderkin
`Registration No. 28,598
`Counsel for Patent Owner
`Janssen Oncology, Inc.
`
`
`
`5
`
`
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
