`571-272-7822
`
`Paper No. 101
`Entered: December 21, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ACRUX DDS PTY LTD., ACRUX LIMITED, and
`ARGENTUM PHARMACEUTICALS LLC,
`Petitioner,
`v.
`KAKEN PHARMACEUTICAL CO., LTD. and VALEANT
`PHARMACEUTICALS INTERNATIONAL, INC.,
`Patent Owner.
`
`
`Case IPR2017-001901
`Patent 7,214,506 B2
`
`
`
`
`
`
`
`Before SUSAN L. C. MITCHELL and ROBERT A. POLLOCK,
`Administrative Patent Judges.
`
`MITCHELL, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`1 Case IPR2017-01429 has been joined with the instant proceeding.
`
`
`
`Case IPR2017-00190
`Patent 7,214,506 B2
`
`
`Kaken Pharmaceutical Co., Ltd. and Valeant Pharmaceuticals
`International, Inc., (“Patent Owner”) move to preserve the entire record and
`maintain under seal all non-public, currently sealed documents in this
`proceeding pending the outcome of all appeals. Paper 83, 5. Patent Owner
`notes that Patent Owner’s three unopposed motions to seal and Petitioner’s
`four unopposed motions to seal were granted, and the Board entered its
`default protective order to govern this proceeding. See id. at 1–2 (citing
`Papers 25, 59, 72 (Patent Owner’s motions to seal), Papers 36, 50, 62, 77
`(Petitioner’s motions to seal)).
`Specifically, Patent Owner moves “(i) to preserve and maintain under
`seal Exhibits 1663, 2093–2095, 2098, and 2099, unredacted versions of
`Exhibits 1506, 1507, 1511, and 2116, and unredacted versions of Papers 52,
`64, 69, and 74, and (ii) two weeks to file a motion to expunge after all
`opportunities for appeal.” Paper 83, 2. Patent Owner represents that it
`conferred with Acrux DDS Pty, Ltd, Acrux Limited, and Argentum
`Pharmaceuticals LLC (collectively, “Petitioners”), who proposed such
`preservation of the record until all appeals are completed. Id. at 1. Patent
`Owner filed a notice of appeal on August 7, 2018. Paper 86.
`We grant the Patent Owner’s Motion to reserve the record for appeal
`in IPR2017-00190.
`
`
`ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that the Motion is granted;
`FURTHER ORDERED that the record in IPR2017-00190 will be
`preserved, and the documents filed under seal will not be expunged or made
`
`
`
`
`
`2
`
`
`
`Case IPR2017-00190
`Patent 7,214,506 B2
`
`public during the pendency of an appeal for the case in which the sealed
`documents are part of the inter partes proceeding.
`FURTHER ORDERED that the parties will have fourteen days after
`the termination of an appeal to file a motion to expunge sealed confidential
`information in the case for which the appeal is terminated.
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`Case IPR2017-00190
`Patent 7,214,506 B2
`
`FOR PETITIONER:
`
`Tara Raghavan
`Steven J. Birkos
`RAKOCZY MOLINO MAZZOCHI SIWIK
`traghavan@rmmslegal.com
`sbirkos@rmmslegal.com
`
`
`FOR PATENT OWNER:
`
`John Livingstone
`Naoki Yoshida
`Anthony Hartmann
`Barbara R. Rudolph
`Trenton Ward
`FINNEGAN, HENDERSON, FARABOW,
` GARRETT & DUNNER, L.L.P.
`john.livingstone@finnegan.com
`naoki.yoshida@finnegan.com
`hartmana@finnegan.com
`Barbara.rudolph@finnegan.com
`Trenton.ward@finnegan.com
`
`Toan Vo
`BAUSCH HEALTH COMPANIES, INC.
`toan.vo@bausch.com
`
`
`
`
`
`
`
`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
