`__________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________
`
`EDWARDS LIFESCIENCES CORPORATION,
`Petitioner
`
`v.
`
`BOSTON SCIENTIFIC SCIMED, INC.,
`Patent Owner
`
`Case No. IPR2017-00444
`Patent 6,915,560
`
`REVISED MOTION TO SEAL UNDER 37 C.F.R. § 42.54
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`1
`
`
`
`I.
`
`STATEMENT OF RELIEF REQUESTED (37 C.F.R. § 42.22(A)(1))
`
`Pursuant to 37 C.F.R. § 42.54, and in accordance with the Board’s Decision
`
`of June 27, 2017 (Paper 41) granting-in-part the Parties Joint Motion to Seal (Paper
`
`19), Patent Owner Boston Scientific Scimed, Inc. hereby moves to seal portions of
`
`Exhibit 1128, which includes Patent Owner’s confidential business and technical
`
`information.
`
`II.
`
`FULL STATEMENT OF RELIEF REQUESTED
`
`(37 C.F.R. § 42.22(A)(2))
`
`Patent Owner requests
`
`that
`
`its confidential business and
`
`technical
`
`information, contained in Exhibit 1128, originating from a document produced as
`
`part of the co-pending District Court Action, Boston Scientific Corp. and Boston
`
`Scientific Scimed, Inc. v. Edwards Lifesciences Corp., Civil Action No. 8:16-cv-
`
`0730 (C.D.Cal.) (“District Court Action”), be sealed because good cause exists for
`
`sealing the confidential information contained therein. The exhibit was produced
`
`by Patent Owner as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
`
`pursuant to a protective order entered in the District Court Action.
`
`A. Good Cause Exists For Sealing
`
`Exhibit 1128 is an invention disclosure by the named inventor on U.S.
`
`Patent No. 6,915,560 (“the ’560 patent”). Portions of Exhibit 1128 include
`
`confidential information considered sensitive by Patent Owner. Specifically, those
`
`1
`
`
`
`portions include descriptions of the invention and its advantages, sketches of the
`
`invention, and descriptions of embodiments of the invention provided by the
`
`inventor during the development stage, prior to filing the application for the ’560
`
`patent or any related application.
`
`The Parties initially sought to seal Exhibit 1128 in its entirety. Paper 19.
`
`Finding that good cause did not exist to seal the entire document, the Board
`
`granted an opportunity to file this Revised Motion to Seal with a redacted version
`
`of Exhibit 1128. Paper 41. The redactions are limited to isolated passages
`
`consisting entirely of confidential information, and the thrust of the underlying
`
`argument remains clearly discernible in view of the unredacted portions of Exhibit
`
`1128 and the publicly available version of Petitioner’s Reply Brief (Paper 17).
`
`III. CERTIFICATION OF NON-PUBLICATION
`
`Undersigned counsel certifies that, to the best of its knowledge, the
`
`information sought to be sealed by this Revised Motion to Seal has not been
`
`published or otherwise made available to the public. Efforts to maintain the
`
`confidentiality of this information have been undertaken by Patent Owner.
`
`IV. CERTIFICATION OF CONFERENCE (37 C.F.R. § 42.54)
`
`The Parties have conferred in good faith via email regarding this Revised
`
`Motion to Seal and Petitioner confirmed that it does not oppose this motion.
`
`2
`
`
`
`V.
`
`PROTECTIVE ORDER (37 C.F.R. § 42.54)
`
`The Parties have previously conferred in good faith via telephone and email
`
`and agreed to the terms of a proposed Stipulated Protective Order, which is a
`
`modified version of the Board’s Default Protective Order. See Paper 14. On June
`
`26, 2018, the Board entered that Stipulated Protective Order. Paper 40.
`
`VI. CONCLUSION
`
`In accordance with the above, the Patent Owner submits that it has complied
`
`with the formal requirements of a motion to seal and has provided sufficient basis
`
`to justify placing the unredacted version of Exhibit 1128 under seal. Therefore, the
`
`Patent Owner respectfully request that the Board grant this Motion.
`
`3
`
`
`
`Dated: July 10, 2018
`.
`
`Respectfully Submitted,
`By: /s/ Wallace Wu
`Wallace Wu (Reg. No. 45,380)
`Jennifer A. Sklenar (Reg. No. 40,205)
`Nicholas M. Nyemah (Reg. No. 67,788)
`ARNOLD & PORTER KAYE SCHOLER LLP
`
`Attorneys for Patent Owner
`BOSTON SCIENTIFIC SCIMED, INC
`
`4
`
`
`
`CERTIFICATE OF SERVICE
`I hereby certify that a true and correct copy of this REVISED MOTION
`
`TO SEAL is being served on July 10, 2018, via electronic mail pursuant to 37
`
`C.F.R. § 42.6(e) and with the consent of Petitioner’s counsel, to counsel for
`
`Petitioners at the addresses below:
`
`Craig S. Summers
`Brenton R. Babcock
`Christy G. Lea
`Cheryl T. Burgess
`2css@knobbe.com
`2brb@knobbe.com
`2cgl@knobbe.com
`2ctb@knobbe.com
`BoxEdwards-4@knobbe.com
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, 14th Floor
`Irvine, CA 92614
`
`Dated: July 10, 2018
`
`
`
`By: /s/ Wallace Wu
`Wallace Wu (Reg. No. 31,430)
`Jennifer A. Sklenar (Reg. No. 40,205)
`Nicholas M. Nyemah (Reg. No. 67,788)
`ARNOLD & PORTER KAYE SCHOLER LLP
`
`Attorneys for Patent Owner
`BOSTON SCIENTIFIC SCIMED, INC.
`
`1
`
`
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