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`Paper __
`Filed: December 22, 2017
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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,
`ARGENTUM PHARMACEUTICALS LLC,
`Petitioners,
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`v.
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`KAKEN PHARMACEUTICAL CO., LTD. and
`VALEANT PHARMACEUTICALS INTERNATIONAL, INC.,
`Patent Owner.
`_______________
`
`Case IPR2017-001901
`Patent 7,214,506 B2
`_______________
`
`
`PETITIONERS’ MOTION TO SEAL
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`1 Case IPR2017-01429 has been joined with the instant proceeding.
`
`
`
`Case IPR2017-00190
`Patent 7,214,506 B2
`Pursuant to 37 C.F.R. §§ 42.14 and 42.54 and the Board’s Default Protective
`
`Order filed in these proceedings, Acrux DDS PTY Ltd., Acrux Limited, and
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`Argentum Pharmaceuticals LLC (collectively, “Petitioners”) hereby move to seal
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`Petitioners’ Motion to Exclude Evidence Submitted by Patent Owner Under 37
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`C.F.R. § 42.64(c), filed concurrently herewith.
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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 containing confidential information under the Board’s
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`Default Protective Order:
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` Kaken Exhibits 2093, 2094, 2095, 2098 and 2099;
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` Portions of Exhibit 1507 (Deposition Transcript of Mr. Vincent A.
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`Thomas);
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` Portions of Exhibit 1511 (Rebuttal Declaration of Petitioner’s expert,
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`John C. Staines, Jr.); and
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`2
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`Case IPR2017-00190
`Patent 7,214,506 B2
` Exhibit 1663 (also marked as Patent Owner’s Ex. 2110).
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`These documents have been filed under seal and are discussed in Petitioners’
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`Motion to Exclude Evidence Submitted by Patent Owner Under 37 C.F.R. §
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`42.64(c), requiring the filing of the current motion to seal that document.
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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 does not oppose.
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`Date: December 22, 2017
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` Respectfully submitted,
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`
`/E. Anthony Figg/
`By:
`E. Anthony Figg, Reg. No. 27,195
`Counsel for Acrux DDS Pty Ltd
`and Acrux Limited
`
`
`
`/Shannon M. Lentz/
`By:
`Shannon M. Lentz, Reg. No. 65,382
`Counsel for
`Argentum Pharmaceuticals LLC
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`3
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`CERTIFICATE OF SERVICE
`
`Case IPR2017-00190
`Patent 7,214,506 B2
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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 December 22, 2017,
`in its entirety on the following:
`
`
`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
`
`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
`
`Toan P. Vo
`toan.vo@bausch.com
`Valeant Pharmaceuticals North America LLC
`1400 N. Goodman Street
`Rochester, NY 14609
`
`Teresa Stanek Rea
`TRea@Crowell.com
`Shannon M. Lentz
`SLentz@Crowell.com
`Crowell & Moring LLP
`Intellectual Property Group
`1001 Pennsylvania Ave, NW
`Washington, DC 20004-2595
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`4
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`Case IPR2017-00190
`Patent 7,214,506 B2
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`By:
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`Tyler C. Liu
`TLiu@agpharm.com
`Argentum Pharmaceuticals, LLC
`
`
`/ E. Anthony Figg /_______________
`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 Acrux DDS Pty Ltd
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`and Acrux Limited
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