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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`Case IPR2017-01053
`Patent 8,268,299
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`ARGENTUM PHARMACEUTICALS LLC,
`Petitioner
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`v.
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`ALCON RESEARCH, LTD.,
`Patent Owner
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`Case IPR2017-01053
`Patent 8,268,299
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`ALCON RESEARCH, LTD.’S MOTION TO UNSEAL AND MOTION FOR
`ENTRY OF THE DEFAULT STANDING PROTECTIVE ORDER
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`Case IPR2017-01053
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`Patent 8,268,299
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`Pursuant to 37 C.F.R. § 42.54, and in response to the Board’s January 19,
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`2018 Order Denying Without Prejudice Patent Owner’s Motion to Seal and for
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`Entry of Proposed Protective Order, Patent Owner Alcon Research, Ltd. (“Alcon”)
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`hereby respectfully moves:
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` to unseal Exhibits 2008–2022, 2029, and 2040–58;
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` for entry of the Default Standing Protective Order (Exhibit 2140).
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`Proposed Protective Order
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`A.
`Pursuant to 37 C.F.R. § 42.54, Alcon is moving again for entry of the
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`Default Standing Protective Order. See Ex. 2140. Alcon has produced to
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`Petitioner Argentum Pharmaceuticals LLC (“Argentum”) raw data owned by each
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`of IMS Health/IQVIA and Encuity Research. Alcon’s contracts with these
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`companies require it to only disclose these data to third parties (such as Argentum)
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`pursuant to a protective order. In addition, Alcon has produced the complete
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`versions of the lab notebooks and adjunctive data that are excerpted in Exhibits
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`2008–2022, each of which contains Alcon’s confidential information that is not
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`relevant to this case and has never been publicly disclosed. These materials have
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`not been filed. Alcon requests that the default protective order be entered so that it
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`continues to govern the treatment of confidential information exchanged among
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`the parties. See Ex. 2140 ¶ 4(B).
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`Case IPR2017-01053
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`Patent 8,268,299
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`B. Certification of Conference with Opposing Party Pursuant to 37
`C.F.R. § 42.54
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`Alcon certifies that Argentum consents to Alcon’s Motion for Entry of the
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`Default Standing Protective Order and will not be filing an opposition.
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`Dated: January 25, 2018
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`Respectfully submitted,
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`/David M. Krinsky/
`David M. Krinsky
`Reg. No. 72,339
`Lead Counsel for
`Patent Owner
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`Williams & Connolly LLP
`725 Twelfth Street NW
`Washington, D.C. 20005
`202-434-5338 (Telephone)
`202-434-5029 (Facsimile)
`dkrinsky@wc.com
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`Case IPR2017-01053
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`Patent 8,268,299
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`CERTIFICATE OF SERVICE (37 C.F.R. § 42.6(e))
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`The undersigned hereby certifies that the foregoing “ALCON RESEARCH,
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`LTD.’S MOTION TO UNSEAL AND MOTION FOR ENTRY OF THE
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`DEFAULT STANDING PROTECTIVE ORDER” was served on January 25,
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`2018, via electronic mail upon the following attorneys of record for the Petitioner:
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`Michael R. Houston
`Joseph P. Meara
`James P. McParland
`FOLEY & LARDNER LLP
`mhouston@foley.com
`jmeara-pgp@foley.com
`jmcparland@foley.com
`ARG-travatanZ@foley.com
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`Tyler C. Liu
`ARGENTUM PHARMACEUTICALS LLC
`tliu@agpharm.com
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`Respectfully submitted,
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`/David M. Krinsky/
`David M. Krinsky
`Reg. No. 72,339
`Lead Counsel for Patent Owner
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`Dated: January 25, 2018
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