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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`Celltrion, Inc.
`Petitioner,
`v.
`Genentech, Inc.
`Patent Owner
`Patent No. 6,407,213
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`Inter Partes Review No. IPR2017-01373
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`PETITIONER CELLTRION’S MOTION TO SEAL
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`Pursuant to 37 C.F.R. §§ 42.14 and 42.54, Petitioner Celltrion, Inc.
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`respectfully requests that the Board seal Petitioner’s Exhibit Nos. 1139-1142, as
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`well as portions of Petitioner’s Reply and portions of Exhibit No. 1143 (Expert
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`Declaration of Lutz Riechmann, Ph.D. in Support of Petitioner’s Reply), filed
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`herewith. Patent Owner Genentech has designated each of the documents marked
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`as Petitioner’s Exhibit Nos. 1139-1142 as Confidential pursuant to the Modified
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`Default Standing Protective Order (Ex. 2030).1 The portions of Petitioner’s Reply
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`and portions of Exhibit No. 1142 that Petitioner seeks to seal reflect information
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`that Patent Owner has marked Confidential pursuant to the Modified Default
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`Standing Protective Order.
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`I.
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` Good Cause Exists for Sealing the Documents
`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 to seal
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`confidential information that is protected from disclosure. Garmin v. Cuozzo,
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`IPR2012-00001, Paper No. 34 (PTAB March 14, 2013). “The standard for
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`granting a motion to seal is ‘for good cause.’” Id. (quoting 37 C.F.R § 42.54).
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`The Office Patent Trial Practice Guide, 77 Fed. Reg. 48756, 48760 (Aug. 14,
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`2012), states that the “rules identify confidential information in a manner
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`1 The Board entered the stipulated Modified Default Standing Protective Order on
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`December 1, 2017. (Paper 17 at 3.)
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`1
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`consistent with Federal Rule of Civil Procedure (“FRCP”) 26(c)(1)(G), which
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`provides for protective orders for trade secret or other confidential research,
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`development, or commercial information.”
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`Petitioner is filing Exhibit Nos. 1139-1142 under seal. These documents are
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`deposition transcripts of Patent Owner’s witnesses, which Patent Owner has
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`designated as “PROTECTIVE ORDER MATERIAL” pursuant to the Modified
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`Default Standing Protective Order entered by the Board (Ex. 2030, see supra n.1).
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`Petitioner is also filing portions of Petitioner’s Reply and Exhibit No. 1143 under
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`seal, as both documents specifically rely on and quote Exhibit Nos. 1139-1142.
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`Redacted versions of Petitioner’s Reply and Exhibit No. 1143 have been publically
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`filed. Based on Patent Owner’s designations, there is good cause to seal the
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`designated information.
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`II. Certification of Conference with Opposing Party Pursuant to 37 C.F.R.
`§ 42.54
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`The parties have conferred and Patent Owner does not oppose this motion.
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`THEREFORE, Petitioner respectfully requests that the Board grant this
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`Motion to Seal.
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`2
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`Dated: May 25, 2018
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`Respectfully submitted,
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`/Cynthia Lambert Hardman
`Cynthia Lambert Hardman (Reg. No. 53,179)
`Elizabeth J. Holland (Reg. No. 47,657)
`Robert V. Cerwinski (admitted pro hac vice)
`Linnea P. Cipriano (Reg. No. 67,729)
`GOODWIN PROCTER LLP
`The New York Times Building
`620 Eighth Avenue
`New York, NY 10018
`(212) 813-8800 (telephone)
`(212) 355-3333 (facsimile)
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`Sarah J. Fischer (Reg. No. 74,104)
`GOODWIN PROCTER LLP
`100 Northern Avenue
`Boston, MA, 02210
`(617) 570-3908 (telephone)
`(617) 801-8991 (facsimile)
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`Counsel for Petitioner
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`3
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`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. § 42.6(e), I certify that on this 25th day of May, 2018, I
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`caused a copy of this PETITIONER CELLTRION’S MOTION TO SEAL by email
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`on the lead and back up counsel for Patent Owners at:
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`David Cavanaugh (David.Cavanaugh@wilmerhale.com)
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`Lauren V. Blakely (lauren.blakely@wilmerhale.com)
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`Robert Gunther (Robert.Gunther@wilmerhale.com)
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`Adam Brausa (abrausa@durietangri.com)
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`Daralyn Durie (ddurie@durietangri.com)
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`Andrew Danford (Andrew.Danford@wilmerhale.com)
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`Lisa Pirozzolo (Lisa.Pirozzolo@wilmerhale.com)
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`Kevin Prussia (Kevin.Prussia@wilmerhale.com)
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`By: /Cynthia Lambert Hardman
`Cynthia Lambert Hardman (Reg. No. 53,179)
`GOODWIN PROCTER LLP
`The New York Times Building
`620 Eighth Avenue
`New York, NY 10018
`(212) 813-8800 (telephone)
`(212) 355-3333 (facsimile)
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