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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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`ARGENTUM PHARMACEUTICALS LLC
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`Petitioner
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`v.
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`CIPLA LIMITED
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`Patent Owner
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`_____________________
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`Case No. IPR2017-00807
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`U.S. Patent No. 8,168,620
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`PATENT OWNER CIPLA LTD.’S MOTION TO EXPUNGE
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`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`I.
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`Introduction
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`Pursuant to 37 C.F.R. § 42.56, Patent Owner Cipla respectfully submits this
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`Motion to Expunge exhibits CIP2151-CIP2155, the Second Declaration of Dr.
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`Hugh Smyth (CIP2150), and the Second Declaration of Maureen Donovan (1145)
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`from the record. These exhibits disclose highly confidential research and
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`development information of both Cipla and Meda Pharmaceuticals Inc. (now part
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`of Mylan Specialty L.P.) (exclusive licensee of the ’620 patent) concerning the
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`formulation of the Duonase and Dymista products that embody the ’620 patent.
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`Petitioner Argentum Pharmaceuticals LLC. does not oppose this motion.
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`II. Authorization for the motion
`The Board authorized this motion in an email dated May 24, 2018.
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`III. Factual background
`On November 20, 2017, Cipla filed an unopposed Motion to Seal exhibits
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`CIP2151-CIP2155, and the Second Declaration of Dr. Hugh Smyth (CIP2150).
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`(Paper 23.) On March 6, 2018, Argentum filed an unopposed Motion to Seal the
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`Second Declaration of Maureen Donovan (1145) because it “cites to and discusses
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`formulation details of Meda/Mylan’s Dymista product that Patent Owner Cipla’s
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`[sic] has designated as confidential, and is the subject of Cipla’s own motion to
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`seal.” (See Paper 29 at 2.)
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`This proceeding was terminated on May 21, 2018. (See Paper 60.) The
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`Board has not ruled on these motions to seal as this proceeding was terminated
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`before oral hearing.
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`IV. Argument
`37 C.F.R. § 42.56 provides: “[a]fter denial of a petition to institute a trial or
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`after final judgment in a trial, a party may file a motion to expunge confidential
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`information from the record.” The Board has previously explained that a party
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`moving to expunge has to show that i) “any information sought to be expunged
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`constitutes confidential information” and ii) the movant’s interest in expunging the
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`information “outweighs the public’s interest in maintaining a complete and
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`understandable file history.” RPX Corp. v. Virnetx Inc., IPR 2014-00171, Paper 62
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`at 3 (P.T.A.B. Sept. 9, 2014). The rules identify confidential information as “a
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`trade secret or other confidential research, development, or commercial
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`information.” 37 C.F.R. § 42.54(a)(7). And the Board must strike “a balance
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`between the public’s interest in maintaining a complete and understandable file
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`history and the parties’ interest in protecting truly sensitive information.” 37 C.F.R.
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`§ 42.54(a); 77 Fed. Reg. 48756, 48760 (Aug. 14, 2012).
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`In this case, exhibits CIP2150-CIP2155, and 1145 contain competitively-
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`sensitive and highly-confidential research and development information of Cipla
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`and Meda, including formulation information concerning the concentration of the
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`components of the Duonase and Dymista products that embody the ’620 patent.
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`This information is proprietary, non-public information that, if disclosed to the
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`public, would cause significant harm to Cipla and Meda (now Mylan) and could be
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`used to their competitive disadvantage, for example, by providing to competitors
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`important non-public formulation information. Thus, Cipla has met its burden of
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`showing that “any information sought to be expunged constitutes confidential
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`information.” RPX Corp. v. Virnetx Inc., IPR 2014-00171, Paper 62 at 3 (P.T.A.B.
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`Sept. 9, 2014).
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`In addition, Cipla’s interest in expunging exhibits CIP2150-CIP2155, and
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`1145 “outweighs the public’s interest in maintaining a complete and
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`understandable file history.” (Id.) The Board did not rely on these exhibits in
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`arriving at a final written decision. Accordingly, there is no need for this
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`competitively-sensitive and highly-confidential information to become public as it
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`is not needed to understand the Board’s decision. In any event, narrowly-redacted
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`versions of each of the exhibits sought to be expunged (see exhibits CIP2171-2176,
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`and 1165) will remain in the record. These exhibits “fulfill adequately the needs of
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`the public to maintain a complete and understandable record in this case.” (Id. at
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`30.) Accordingly, because public access to exhibits CIP2171-2176, and 1165
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`fulfills the public’s interest in maintaining a complete and understandable record,
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`the expungement of exhibits CIP2150-CIP2155, and 1145 from the record will not
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`diminish the public’s understanding.
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`V. Conclusion
`For the reasons stated above, Cipla respectfully requests that exhibits
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`CIP2151-CIP2155, the Second Declaration of Dr. Hugh Smyth (CIP2150), and the
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`Second Declaration of Maureen Donovan (1145) be expunged from the record.
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`Respectfully submitted,
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`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
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`Dennies Varughese
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`Date: May 24, 2018
`Registration No. 61,868
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`1100 New York Avenue, N.W. Attorney for Patent Owner
`Washington, D.C.20005-3934
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`(202) 371-2600
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`CERTIFICATION OF SERVICE (37.C.F.R. §§ 42.6(e), 42.105(a))
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`The undersigned hereby certifies that the above-captioned CIPLA LTD.'S
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`MOTION TO EXPUNGE was served in its entirety on May 24, 2018, upon the
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`following parties via electronic mail:
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`Michael R. Houston: mhouston@foley.com
`Joseph P. Meara: jmeara@foley.com
`James P. McParland: jmcparland@foley.com
`Tyler C. Liu: TLiu@agpharm@foley.com
`ARG-dymista@foley.com
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`FOLEY & LARDNER LLP
`321 North Clark Street
`Suite 2800
`Chicago, IL 60654
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`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
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`Dennies Varughese
`Registration No. 61,868
`Lead Attorney for Patent Owner
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`Date: May 24, 2018
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`(202) 371-2600
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`9379952.1
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