`571-272-7822
`
` Paper No. 15
`Entered: January 10, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MYLAN PHARMACEUTICALS INC.,
`Petitioner,
`
`v.
`
`GENENTECH, INC.,
`Patent Owner.
`____________
`
`Case IPR2016-01693 (Patent 6,407,213 B1)
`Case IPR2016-01694 (Patent 6,407,213 B1)1
`____________
`
`Before SHERIDAN K. SNEDDEN, ZHENYU YANG, and
`ROBERT A. POLLOCK, Administrative Patent Judges.
`
`YANG, Administrative Patent Judge.
`
`DECISION
`Patent Owner’s Motion to Seal
`37 C.F.R. § 42.14
`
`1 This order addresses issues that are common to each referenced case.
`We, therefore, issue a single order that has been entered in each case.
`For convenience, paper numbers refer to those filed in IPR2016-01693.
`
`
`
`IPR2016-01693 (Patent 6,407,213 B1)
`IPR2016-01694 (Patent 6,407,213 B1)
`
`
`Genentech, Inc. (“Patent Owner”) filed a Motion to Seal
`
`Exhibits 2001–2015, 2018, 2029, and 2030. Paper 12, 1. Patent Owner’s
`
`Motion is granted.
`
`Exhibits 2001–2009 are Genentech’s laboratory notebooks or excerpts
`
`of laboratory notebooks. Exhibits 2010–2011 are internal documents
`
`relating to research conducted at Genentech. Patent Owner asserts that these
`
`documents contain confidential research and development information under
`
`Federal Rule of Civil Procedure 26(c)(1)(G). Paper 12, 3. In addition,
`
`according to Patent Owner, “Exhibits 2018, 2029, and 2030 are declarations
`
`by three Genentech scientists pertaining to confidential research and
`
`development activities related to the invention described and claimed” in the
`
`challenged patent. Id. at 4. Patent Owner has filed a redacted version of
`
`each of Exhibits 2018, 2029, and 2030.
`
`Patent Owner represents that the parties have agreed to the provisions
`
`of a modified version of the default Protective Order set forth in the Office
`
`Patent Trial Practice Guide (Ex. 2031). Paper 12, 2–3. The Modified
`
`Default Standing Protective Order excludes the parties and employees of the
`
`parties, other than in-house counsel, from accessing confidential information
`
`in the referenced proceedings. Ex. 2017, 1–2.
`
`Upon considering the content of Exhibits 2001–2015, 2018, 2029, and
`
`2030, along with Patent Owner’s representations as to the confidentiality of
`
`the information, we determine that Patent Owner has shown good cause for
`
`sealing Exhibits 2001–2015 and the redacted portions of Exhibits 2018,
`
`2029, and 2030.
`
`
`
`
`
`
`
`2
`
`
`
`IPR2016-01693 (Patent 6,407,213 B1)
`IPR2016-01694 (Patent 6,407,213 B1)
`
`
`Accordingly, it is
`
`ORDERED that Patent Owner’s Motion to Seal is GRANTED;
`
`FURTHER ORDERED that Modified Default Standing Protective
`
`Order (Exhibit 2031) is hereby entered; and
`
`FURTHER ORDERED that this Protective Order shall govern the
`
`conduct of the proceeding unless otherwise modified.
`
`
`
`
`
`PETITIONER:
`
`Jeffrey Guise
`jguise@wsgr.com
`
`Deanne Mazzochi
`dmazzochi@rmmslegal.com
`
`
`PATENT OWNER:
`
`David Cavanaugh
`David.cavanaugh@wilmerhale.com
`
`Owen Allen
`Owen.allen@wilmerhale.com
`
`Adam Brausa
`abrausa@durietangri.com
`
`
`
`3
`
`
`
`
`
`