`Date Filed: Nov. 16, 2016
`
`
`
`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 versions
`
`of Janssen’s Preliminary Response as well as Exhibits 2002 and 2003. 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 non-confidential
`
`versions of Janssen’s Preliminary Response, and Exhibit 2002 (see non-
`
`confidential version at Exhibit 2005) and 2003 (see non-confidential version at
`
`Exhibit 2004) with the confidential portions redacted.
`
`I. Reasons for Sealing Certain Confidential Information
`
`Janssen’s Preliminary Response cites to material contained in Exhibits 2002
`
`and 2003. Exhibit 2002 is an email exchange between Vipin Dhanorkar, Vice
`
`President of Global IP at Wockhardt Bio AG, and Jennifer Reda, Assistant General
`
`Counsel at Johnson & Johnson. Exhibit 2003 is the declaration of Jennifer Reda.
`
`Exhibits 2002 and 2003 reflect information from business confidential
`
`communications between the parties. Because Exhibits 2002 and 2003 contain
`
`business confidential communications between the parties, Janssen believes that
`
`good cause exists to seal portions of Exhibits 2002 and 2003, and the portions of
`
`
`
`1
`
`
`
`
`IPR2016-01582
`Patent 8,822,438
`
`Janssen’s Preliminary Response disclosing confidential information from Exhibits
`
`2002 and 2003.
`
`II. Certification of Non-Publication Status
`
`With respect to Janssen’s Preliminary Response, and Exhibits 2002 and
`
`2003, Janssen’s undersigned counsel certify that the information contained therein
`
`and sought to be sealed has not, to the best of their knowledge, been published or
`
`otherwise made public.
`
`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 concurrently (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 Preliminary Response,
`
`2
`
`
`
`
`
`IPR2016-01582
`Patent 8,822,438
`
`and Exhibits 2002 and 2003, and requiring the parties to abide by the Standing
`
`Protective Order (See Ex. 2006).
`
`Dated: November 16, 2016
`
`Respectfully submitted,
`
`By: /Dianne B. Elderkin /
`Dianne B. Elderkin (Reg. No. 28,598)
`Barbara L. Mullin (Reg. No. 38,250)
`Ruben H. Munoz (Reg. No. 66,998)
`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
`JANS-ZYTIGA@akingump.com
`
`
`
`
`
`
`David T. Pritikin (pro hac vice
`forthcoming)
`Bindu Donovan (pro hac vice
`forthcoming)
`S. Isaac Olson (pro hac vice
`forthcoming)
`SIDLEY AUSTIN LLP
`787 Seventh Avenue
`New York, NY 10019
`Tel.: (212) 839-5300
`Fax: (212) 839-5599
`ZytigaIPRTeam@sidley.com
`
`
`3
`
`
`
`
`
`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 November 16, 2016 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
`
`at the following addresses:
`
`Dennies Varughese - dvarughe-PTAB@skgf.com
`Deborah A. Sterling - dsterlin-PTAB@skgf.com
`Christopher M. Gallo - cgallo-PTAB@skgf.com
`
`Respectfully submitted,
`
`
`
`By: /s/ Dianne B. Elderkin
`Dianne B. Elderkin
`Registration No. 28,598
`
`Counsel for Patent Owner
`Janssen Oncology, Inc.
`
`
`
`Date: Nov. 16, 2016
`
`
`
`4
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
