`
`
`David L. Cavanaugh (Reg. No. 36,476)
`Robert J. Gunther, Jr. (Pro Hac Vice)
`Lisa J. Pirozzolo (Pro Hac Vice)
`Kevin S. Prussia (Pro Hac Vice)
`Andrew J. Danford (Pro Hac Vice)
`WILMER CUTLER PICKERING
` HALE AND DORR LLP
`1875 Pennsylvania Ave., NW
`Washington, DC 20006
`
`Adam R. Brausa (Reg. No.
`60,287)
`Daralyn J. Durie (Pro Hac
`Vice)
`DURIE TANGRI LLP
`217 Leidesdorff Street
`San Francisco, CA 94111
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________________________________
`
`CELLTRION, INC.
`Petitioner,
`
`v.
`
`GENENTECH, INC.,
`Patent Owner.
`____________________________________________
`
`Case IPR2017-01373
`Patent 6,407,213
`____________________________________________
`
`PATENT OWNER’S MOTION TO SEAL
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`
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`
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`
`
`IPR2017-01373
`Patent Owner’s Motion to Seal
`
`
`STATEMENT OF PRECISE RELIEF REQUESTED
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`Pursuant to 37 C.F.R. §§ 42.14 and 42.54, Patent Owner Genentech, Inc.
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`respectfully requests that the Board seal the Patent Owner’s Response.
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`REASONS FOR RELIEF REQUESTED
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`Although “the default rule is that all papers filed in an inter partes review
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`are open and available for access by the public,” a party may file a motion with the
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`Board to seal confidential information that is protected from disclosure. Garmin v.
`
`Cuozzo, IPR2012-00001, Paper No. 36. “The standard for granting a motion to
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`seal is ‘for good cause.’” Id. (quoting 37 C.F.R § 42.54). The Office Patent Trial
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`Practice Guide, 77 Fed. Reg. 48756, 48760 (Aug. 14, 2012), states that the “rules
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`identify confidential information in a manner consistent with Federal Rule of Civil
`
`Procedure (“FRCP”) 26(c)(1)(G), which provides for protective orders for trade
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`secret or other confidential research, development, or commercial information.”
`
`The parties have conferred and agreed to the provisions of the Modified
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`Default Standing Protective Order set forth in Exhibit 2030, and have stipulated to
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`be bound to the terms set forth therein. Exhibit 2031 shows the proposed
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`modifications from the Default Standing Protective Order, to which the parties
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`have stipulated, in redline. The Modified Default Standing Protective Order
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`provides:
`
`
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`1
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`
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`
`
`
`
`IPR2017-01373
`Patent Owner’s Motion to Seal
`
`
`Where confidentiality is alleged as to some but not all of the
`
`information submitted to the Board, the submitting party shall file
`
`confidential and non-confidential versions of its submission, together
`
`with a Motion to Seal the confidential version setting forth the reasons
`
`why the information redacted from the non-confidential version is
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`confidential and should not be made available to the public. The
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`nonconfidential version of the submission shall clearly indicate the
`
`locations of information that has been redacted. The confidential
`
`version of the submission shall be filed under seal. The redacted
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`information shall remain under seal unless, upon motion of a party
`
`and after a hearing on the issue, or sua sponte, the Board determines
`
`that some or all of the redacted information does not qualify for
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`confidential treatment.
`
`(Ex. 2030, Modified Default Standing Protective Order and Patent Owner’s
`
`Certification of Agreement to Terms, at 3-4.)
`
`Patent Owner has filed its Patent Owner’s Response under seal, as well as a
`
`publicly-available redacted version of its Response. The redacted portions of
`
`Patent Owner’s Response contain confidential research and development activities
`
`conducted by scientists at Genentech, and are therefore “confidential research
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`[and] development . . . information” pursuant to FRCP 26(c)(1)(G).
`2
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`
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`IPR2017-01373
`Patent Owner’s Motion to Seal
`
`
`Patent Owner therefore respectfully requests that its Patent Owner’s
`
`Response remain under seal pursuant to the Proposed Modified Default Standing
`
`Protective Order.
`
`
`
`Date: March 8, 2018
`
`
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`
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`Respectfully submitted,
`
`/ David L. Cavanaugh/
`David L. Cavanaugh
`Registration No. 36,476
`
`Robert J. Gunther, Jr.
`Pro Hac Vice
`
`Counsel for Patent Owner
`
`
`
`
`
`
`
`
`
`
`WILMER CUTLER PICKERING HALE AND DORR LLP
`1875 PENNSYLVANIA AVENUE NW
`WASHINGTON, DC 20006
`TEL: 202-663-6000
`FAX: 202-663-6363
`EMAIL: david.cavanaugh@wilmerhale.com
`
`
`
`3
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`
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