`Filed: February 16, 2018
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`
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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________________
`
`
`APOTEX INC., APOTEX CORP., ARGENTUM PHARMACEUTICALS LLC,
`ACTAVIS ELIZABETH LLC, TEVA PHARMACEUTICALS USA, INC., SUN
`PHARMACEUTICAL INDUSTIRES, LTD., SUN PHARMACEUTICAL
`INDUSTRIES, INC., and SUN PHARMA GLOBAL FZE,
`Petitioners,
`
`v.
`
`NOVARTIS A.G.,
`Patent Owner.
`
`_____________________________
`
`IPR2017-008541
`Patent No. 9,187,405
`_____________________________
`
`PETITIONER’S MOTION TO SEAL
`
`
`1 Cases IPR2017-01550, IPR2017-01946, and IPR2017-01929 have been joined
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`with this proceeding.
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`
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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, Petitioner respectfully lodges Petitioner’s
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`Reply to Patent Owner’s Response and Exhibits 1047 and 1050 under seal because
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`portions of them discuss portions of documents that Novartis has designated
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`confidential subject to the Stipulated Protective Order (Exhibit 2074). Such
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`exhibits may include portions of EX1042, EX2022, EX2024, EX2025, EX2057;
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`and EX2063-EX2066 and Patent Owner’s Response. Petitioner also submits
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`Exhibit 1051 under seal because Novartis has designated that document
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`confidential subject to the Stipulated Protective Order (Exhibit 2074). Petitioner
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`has not presently filed a redacted version of its Reply or Exhibits 1047 and 1050,
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`but intends to do so upon confirmation from Novartis that portions of these
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`documents may be filed publicly or an order from the Board permitting the public
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`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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`-1-
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`
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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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`Petitioner lodges its Reply to Patent Owner’s Response and Exhibits 1047, 1050,
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`and 1051 under seal to comply with the Stipulated Protective Order in this
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`Proceeding. Exhibit 2074 at 8 (“Information designated as confidential that is
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`disclosed to another party during discovery or other proceedings before the Board
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`shall be clearly marked as ‘PROTECTIVE ORDER MATERIAL’ and shall be
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`produced in a manner that maintains its confidentiality”).
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`III. CERTIFICATION OF CONFERENCE WITH OPPOSING PARTY
`PURSUANT TO 37 C.F.R. §42.54
`
`Counsel for Petitioner has previously conferred with Patent Owner regarding
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`its designation of material in EX1042, EX2022, EX2024, EX2025, EX2057; and
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`EX2063-EX2066 as confidential. Petitioner understands that Patent Owner may
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`file a paper supporting sealing of portions of Petitioner’s Reply to Patent Owner’s
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`Response and Exhibits 1047, 1050, and 1051 in accordance with the Board’s rules.
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`IV. CONCLUSION
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`For the reasons provided above, Petitioner requests that the Board permit
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`-2-
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`Petitioner to lodge its Reply to Patent Owner’s Response and Exhibits 1047, 1050,
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`and 1051 under seal
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`
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`Date: February 16, 2018
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`
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`Respectfully submitted,
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`/ Steven W. Parmelee/
`Steven W. Parmelee
`Reg. No. 31,990
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`-3-
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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 Petitioner’s Motion to Seal, on this 16th day of February, 2018, on the
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`Patent Owner at the correspondence address of the Patent Owner as follows:
`
`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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`
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`Dated: February 16, 2018
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`
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`
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`Respectfully submitted,
`
`/ Steven W. Parmelee /
` Steven W. Parmelee, Lead Counsel
` Reg. No. 31,990
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`
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`-4-
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