`Filed: April 30, 2018
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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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`APOTEX INC., APOTEX CORP., ARGENTUM PHARMACEUTICALS
`LLC, ACTAVIS ELIZABETH LLC, TEVA PHARMACEUTICALS USA,
`INC., SUN PHARMACEUTICAL INDUSTRIES, LTD., SUN
`PHARMACEUTICAL INDUSTRIES, INC., AND SUN PHARMA GLOBAL
`FZE,
`Petitioners,
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`v.
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`NOVARTIS A.G.,
`Patent Owner.
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`_____________________________
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`IPR2017-008541
`Patent No. 9,187,405
`_____________________________
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`PETITIONERS’ MOTION TO SEAL
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`1 Cases IPR2017-01550, IPR2017-01946, and IPR2017-01929 have been joined
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`with this proceeding.
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`I.
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`STATEMENT OF PRECISE RELIEF REQUESTED
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`Pursuant to 37 C.F.R. § 42.14, Petitioners respectfully lodge Petitioners’
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`Rely in Support of Motion to Exclude under seal because portions of the Reply
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`discuss portions of documents that Novartis has designated confidential subject to
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`the Stipulated Protective Order (Exhibit 2074). Petitioners have not presently filed
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`a redacted version of their Reply, but intend to do so upon confirmation from
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`Novartis that portions may be filed publicly or an order from the Board permitting
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`the public filing.
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`II. GOOD CAUSE MUST EXIST FOR SEALING CONFIDENTIAL
`INFORMATION
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`The record of a proceeding is open and available for access by the public.
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`See 37 C.F.R. § 42.14. The Board must find “good cause” to seal documents.
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`Garmin v. Cuozzo, IPR2012-00001, Paper 36 at 3 (PTAB April 5, 2013). “The
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`rules aim to strike a balance between the public’s interest in maintaining a
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`complete and understandable file history and the parties’ interest in protecting truly
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`sensitive information.” The Office Patent Trial Practice Guide, 77 Fed. Reg.
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`48756, 48760 (Aug. 14, 2012).
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`The public’s interest in having access to a party’s confidential business or
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`clinical research information that is only indirectly related to patent validity is
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`“minimal.” Garmin at 8-9 (granting the patent owner’s motion to seal an
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`agreement relating to the “commercializ[ation]” of the patent-at-issue). Here,
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`Petitioners lodge their Reply in Support of Motion to Exclude Evidence under seal
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`to comply with the Stipulated Protective Order in this Proceeding. Exhibit 2074 at
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`8 (“Information designated as confidential that is disclosed to another party during
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`discovery or other proceedings before the Board shall be clearly marked as
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`‘PROTECTIVE ORDER MATERIAL’ and shall be produced in a manner that
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`maintains its confidentiality”).
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`III. CERTIFICATION OF CONFERENCE WITH OPPOSING PARTY
`PURSUANT TO 37 C.F.R. §42.54
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`Counsel for Petitioners have previously conferred with Patent Owner
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`regarding its designation of material in EX1050, EX2022, EX2024, EX2057; and
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`EX2063-EX2066 as confidential. Petitioners understand that Patent Owner may
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`file a paper supporting sealing of portions of Petitioners’ Reply in Support of
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`Motion to Exclude in accordance with the Board’s rules.
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`IV. CONCLUSION
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`For the reasons provided above, Petitioners request that the Board permit
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`Petitioners to lodge their Reply in Support of Motion to Exclude Evidence under
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`seal.
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`Date: April 30, 2018
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`Respectfully submitted,
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`/ Steven W. Parmelee/
`Steven W. Parmelee
`Reg. No. 31,990
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`CERTIFICATE OF SERVICE
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`This is to certify that I caused to be served a true and correct copy of the
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`foregoing Petitioners’ Motion to Seal, on this 30th day of April, 2018, on the
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`Patent Owner at the correspondence address of the Patent Owner as follows:
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`Jane M. Love, Ph.D.
`Robert W. Trenchard
`GIBSON, DUNN & CRUTCHER LLP
`200 Park Avenue, 47th Floor
`New York, NY 10166
`Email: jlove@gibsondunn.com
`Email: rtrenchard@gibsondunn.com
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`Dated: April 30, 2018
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`Respectfully submitted,
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`/ Steven W. Parmelee /
` Steven W. Parmelee, Lead Counsel
` Reg. No. 31,990
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