Filed on behalf of:
`Edwards Lifesciences Corporation
`By: Craig S. Summers
`Brenton R. Babcock
`Christy G. Lea
`Cheryl T. Burgess
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, 14th Floor
`Irvine, CA 92614
`Tel.: (949) 760-0404
`Fax: (949) 760-9502
`Email: BoxEdwards-4@knobbe.com
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________
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`EDWARDS LIFESCIENCES CORPORATION,
`Petitioner
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`v.
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`BOSTON SCIENTIFIC SCIMED, INC.,
`Patent Owner
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`Case No. IPR2017-00444
`Patent 6,915,560
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`JOINT MOTION TO SEAL UNDER 37 C.F.R. § 42.54
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`
`Edwards Lifesciences Corporation
`By: Craig S. Summers
`Brenton R. Babcock
`Christy G. Lea
`Cheryl T. Burgess
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, 14th Floor
`Irvine, CA 92614
`Tel.: (949) 760-0404
`Fax: (949) 760-9502
`Email: BoxEdwards-4@knobbe.com
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________
`
`EDWARDS LIFESCIENCES CORPORATION,
`Petitioner
`
`v.
`
`BOSTON SCIENTIFIC SCIMED, INC.,
`Patent Owner
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`
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`Case No. IPR2017-00444
`Patent 6,915,560
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`JOINT MOTION TO SEAL UNDER 37 C.F.R. § 42.54
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`I. STATEMENT OF RELIEF REQUESTED (37 C.F.R. § 42.22(a)(1))
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`Pursuant to 37 C.F.R. § 42.54, Petitioner Edwards Lifesciences Corporation
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`(“Edwards”) and Patent Owner Boston Scientific Scimed, Inc. (“Boston”)
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`collectively “the Parties,” hereby jointly move to seal Exhibit 1128 and related
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`portions of the Reply brief, which include Boston Scientific Scimed, Inc.
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`(“Boston’s”) confidential business and technical information.
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`Edwards is concurrently filing the Reply brief with the confidential portions
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`redacted.
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`II. FULL STATEMENT OF REASONS FOR RELIEF REQUESTED
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`(37 C.F.R. § 42.22(a)(2))
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`The Parties jointly request that Boston’s confidential business and technical
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`information, contained in Exhibit 1128 and related portions of the Reply brief,
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`originating from a document produced as part of the co-pending District Court
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`Action, Boston Scientific Corp. and Boston Scientific Scimed, Inc. v. Edwards
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`Lifesciences Corp., Civil Action No. 8:16-cv-0730 (C.D.Cal.) (“District Court
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`Action”), be sealed because good cause exists for sealing the confidential
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`information contained therein. The exhibit was produced by Boston as “HIGHLY
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`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” pursuant to a Protective Order
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`entered in the District Court Action. Edwards is concurrently filing a redacted
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`version of its Reply that will be publicly available.
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`A. Good Cause Exists For Sealing
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`The Office Patent Trial Practice Guide provides that “the rules aim to strike
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`a balance between
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`the public’s
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`interest
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`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.” 77 Fed. Reg. 48756, 48760 (Aug. 14, 2012). The parties submit that
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`this Motion to Seal protects Boston’s sensitive information, while not significantly
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`impacting the public’s interest in maintaining a complete and understandable file
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`history. Concurrently with its submission of the confidential exhibit and related
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`portions of the Reply brief which the Parties request be sealed, Edwards will file a
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`public version of the Reply brief with only Boston’s sensitive information
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`redacted.
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`Exhibit 1128 is an invention disclosure by the named inventor on U.S.
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`Patent No. 6,915,560. Exhibit 1128 includes information considered sensitive by
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`Boston. Accordingly, the Parties seek to seal the exhibit and the unredacted
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`portion of the Reply brief discussing the contents of the exhibit.
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`III. CERTIFICATION OF NON-PUBLICATION
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`On behalf of the Parties, undersigned counsel certifies that, to the best of its
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`knowledge, the information sought to be sealed by this Motion to Seal has not been
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`published or otherwise made available to the public. Efforts to maintain the
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`confidentiality of this information have been undertaken by Boston.
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`IV. CERTIFICATION OF CONFERENCE (37 C.F.R. § 42.54)
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`The Parties have previously conferred in good faith via telephone and email
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`and agreed to the terms of a modified version of the Board’s Default Protective
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`Order. See Paper 14.
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`V. PROPOSED PROTECTIVE ORDER
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`The Parties’ proposed Standing Protective Order, to which the Parties have
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`agreed to be bound in this matter, is a slightly modified version of the Board’s
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`Default Protective Order. See Paper 14.
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`VI. CONCLUSION
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`In accordance with the above, the Parties submit that they have complied
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`with the formal requirements of a Motion to Seal and have provided sufficient
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`basis to justify placing the unredacted versions of Exhibit 1128 and related
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`portions of its Reply Brief under seal. Therefore, the Parties respectfully request
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`that the Board grant this Motion.
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`Dated: December 15, 2017
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`By: /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
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`Attorneys for Patent Owner
`BOSTON SCIENTIFIC SCIMED, INC
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`Respectfully Submitted,
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`
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`By: /Craig S. Summers/
`Craig S. Summers (Reg. No. 31,430)
`Brenton R. Babcock (Reg. No. 39,592)
`Christy G. Lea (Reg. No. 51,754)
`Cheryl T. Burgess (Reg No. 55,030)
`Customer No. 20,995
`KNOBBE, MARTENS, OLSON &
`BEAR, LLP
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`Attorneys for Petitioner
`EDWARDS LIFESCIENCES CORP
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`CERTIFICATE OF SERVICE
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`I hereby certify that, pursuant to 37 C.F.R. § 42.6(e)(1) and agreement of the
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`parties, a true and correct copy of the JOINT MOTION TO SEAL UNDER 37
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`C.F.R. § 42.54 is being served via email on December 15, 2017, to counsel for
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`Boston Scientific at the email addresses below:
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`
`
`Nicholas M. Nyemah
`Nicholas.Nyemah@aporter.com
`ARNOLD & PORTER LLP
`601 Massachusetts Avenue, NW
`Washington, DC 20001
`
`
`Wallace Wu
`Wallace.Wu@aporter.com
`Jennifer A. Sklenar
`Jennifer.Sklenar@aporter.com
`xEDW_BSC_IPR201700444@aporter.com
`ARNOLD & PORTER LLP
`777 S. Figueroa Street, 44th Floor
`Los Angeles, CA 90017-5844
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`
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`Dated: December 15, 2017
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`
`
`
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`By: /Craig S. Summers/
`Craig S. Summers (Reg. No. 31,430)
`Brenton R. Babcock (Reg. No. 39,592)
`Christy G. Lea (Reg. No. 51,754)
`Cheryl T. Burgess (Reg No. 55,030)
`Customer No. 20,995
`
`Attorneys for Petitioner
`EDWARDS LIFESCIENCES CORP.
`
`
`
`
`
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