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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`ACRUX DDS PTY LTD. & ACRUX LIMITED
`Petitioners,
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`v.
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`KAKEN PHARMACEUTICAL CO., LTD. and VALEANT
`PHARMACEUTICALS INTERNATIONAL, INC.,
`Patent Owner and Licensee
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`Case: IPR2017-00190
`U.S. Patent No. 7,214,506
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`PETITIONER’S MOTION TO SEAL
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`Pursuant to 37 C.F.R. §§ 42.14 and 42.54 and the Board’s Default Protective
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`Order filed in these proceedings, Petitioners hereby move to seal the following
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`categories of exhibits:
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`(1) Deposition transcripts of Mr. Thomas and Dr. Tatsumi designated by
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`Patent Owner as containing confidential information under the
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`Board’s Default Protective Order;
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`(2) Rebuttal Declaration of Petitioner’s expert, John C. Staines, Jr.; and
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`(3) An exhibit marked as Patent Owner’s Ex. 2110 served on Petitioners
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`and designated by Patent Owner as containing confidential
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`information under the Board’s Default Protective Order. As Patent
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`Owner has not made this Exhibit of record in this inter partes review,
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`Petitioners file it herewith as Petitioners’ Ex. 1663.
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`The record of an inter partes review proceeding, including documents and
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`things, is made available to the public, except as otherwise ordered. 37 C.F.R. §
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`42.14. Despite the default rule of public availability, the Board will seal
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`confidential information for “good cause,” because it is necessary to “strike a
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`balance between the public’s interest in maintaining a complete and
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`understandable file history and the parties’ interest in protecting truly sensitive
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`information.” 37 C.F.R. § 42.54(a); 77 Fed. Reg. 48756, 48760 (Aug. 14, 2012).
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`It is Petitioners’ understanding that information in the following documents
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`has been designated as confidential to Patent Owner, pursuant to the Board’s
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`Default Protective Order:
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` Portions of Ex. 1506 (Tatsumi Transcript);
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` Portions of Ex. 1507 (Thomas Transcript);
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` Portions of Rebuttal Declaration of Petitioner’s expert, John C.
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`Staines, Jr.; and
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` Ex. 1663 (also marked as Patent Owner’s Ex. 2110).
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`Patent Owner has requested that Petitioners file these documents under seal
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`and file an appropriate motion to seal under the Board’s Default Protective Order.
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`Petitioners have no independent basis for the aforementioned documents to be
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`sealed and thus make no assertion as to whether or not they contain confidential
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`information.
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`Petitioners contacted Patent Owner regarding this Motion to Seal and Patent
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`owner did not oppose.
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` Respectfully submitted,
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`Date: November 1, 2017
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`By:
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`/s/ Aydin H. Harston
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`E. Anthony Figg, Reg. No. 27,195
`Aydin H. Harston, Reg. No. 65,249
`Lisa N. Phillips, admitted pro hac vice
`ROTHWELL, FIGG, ERNST & MANBECK, P.C.
`3
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`607 14th St., N.W., Suite 800
`Washington, DC 20005
`Phone: 202-783-6040
`Fax: 202-783-6031
`Counsel for Petitioners
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`4
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that a copy of the foregoing PETITIONER’S
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`MOTION TO SEAL was served electronically via email on November 1, 2017, in
`its entirety on the following:
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`
`John D. Livingstone
`john.livingstone@finnegan.com
`KakenIPR@finnegan.com
`Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P.
`271 17th Street, N.W., Suite 1400
`Atlanta, GA 30363-6209
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`Naoki Yoshida
`naoki.yoshida@finnegan.com
`Anthony Hartmann
`Anthony.hartmann@finnegan.com
`Barbara R. Rudolph, Ph.D.
`barbara.rudolph@finnegan.com
`Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P.
`901 New York Ave., N.W.
`Washington, DC 20001-4413
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`Toan P. Vo
`toan.vo@bausch.com
`Valeant Pharmaceuticals North America LLC
`1400 N. Goodman Street
`Rochester, NY 14609
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`By:
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`/s/ Aydin H. Harston _______________
`E. Anthony Figg, Reg. No. 27,195
`Aydin H. Harston, Reg. No. 65,249
`ROTHWELL, FIGG, ERNST & MANBECK, P.C.
`607 14th St., N.W., Suite 800
`Washington, DC 20005
`Phone: 202-783-6040 | Fax: 202-783-6031
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`Counsel for Petitioners
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`5
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