Filed on behalf of Patent Owner Genentech, Inc. by:
`
`
`David L. Cavanaugh (Reg. No. 36,476)
`Owen K. Allen (Reg. No. 71,118)
`Robert J. Gunther, Jr. (Pro Hac Vice to be filed)
`Lisa J. Pirozzolo (Pro Hac Vice to be filed)
`Kevin S. Prussia (Pro Hac Vice to be filed)
`Andrew J. Danford (Pro Hac Vice to be filed)
`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 to be filed)
`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.
`____________________________________________
`
`Cases IPR2017-01373
`Patent 6,407,213
`____________________________________________
`
`PATENT OWNER’S MOTION TO SEAL
`
`
`
`
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`
`
`
`
`
`
`
`
`David L. Cavanaugh (Reg. No. 36,476)
`Owen K. Allen (Reg. No. 71,118)
`Robert J. Gunther, Jr. (Pro Hac Vice to be filed)
`Lisa J. Pirozzolo (Pro Hac Vice to be filed)
`Kevin S. Prussia (Pro Hac Vice to be filed)
`Andrew J. Danford (Pro Hac Vice to be filed)
`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 to be filed)
`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.
`____________________________________________
`
`Cases IPR2017-01373
`Patent 6,407,213
`____________________________________________
`
`PATENT OWNER’S MOTION TO SEAL
`
`
`
`
`
`
`
`
`
`
`
`
`STATEMENT OF PRECISE RELIEF REQUESTED
`
`IPR2017-01373
`Patent Owner’s Motion to Seal
`
`
`Pursuant to 37 C.F.R. §§ 42.14 and 42.54, Patent Owner Genentech, Inc.
`
`respectfully requests that the Board seal Exhibits 2001 (Laboratory Notebook
`
`10098 (Leonard Presta)), 2002 (Laboratory Notebook 10823 (Leonard Presta)),
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`2003 (Laboratory Notebook 11268 (Paul Carter)), 2004 (Laboratory Notebook
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`11643 (Paul Carter)), 2005 (Laboratory Notebook 10840 (John Brady)), 2006
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`(Laboratory Notebook 11162 (John Brady)), 2007 (Excerpts from Laboratory
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`Notebook 11008 (Ann Rowland)), 2008 (Excerpts from Laboratory Notebook
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`11297 (Tim Hotaling)), 2009 (Excerpts from Laboratory Notebook 11568
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`(Monique Carver)), 2010 (Interoffice Memorandum from Paul Carter to Leonard
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`Presta and Dennis Henner), 2011 (Interoffice Memorandum from Paul Carter to
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`Leonard Presta), 2012 (Synthetic DNA Requests), 2013 (Synthetic DNA
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`Requests), 2014 (Protein Engineering of 4D5: Status Report), 2015 (Interoffice
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`Memorandum re: RCC Meeting Minutes), 2016 (Declaration of Dr. Leonard G.
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`Presta), 2017 (Declaration of Dr. Paul J. Carter), and 2018 (Declaration of John
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`Ridgway Brady).
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`REASONS FOR RELIEF REQUESTED
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`
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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.
`1
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`
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`Cuozzo, IPR2012-00001, Paper No. 36. “The standard for granting a motion to
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`IPR2017-01373
`Patent Owner’s Motion to Seal
`
`
`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
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`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.”
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`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
`
`have stipulated, in redline.1 The Modified Default Standing Protective Order
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`provides:
`
`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
`
`
`1 The parties have stipulated to an identical modified default standing protective
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`order in other proceedings. See IPR2017-01121, Paper 8, Ex. 2036; IPR2017-
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`01122, Paper 8, Ex. 2036.
`
`
`
`2
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`
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`IPR2017-01373
`Patent Owner’s Motion to Seal
`
`
`confidential and should not be made available to the public. The
`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
`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 confidential
`treatment.
`(Ex. 2030, Modified Default Standing Protective Order and Patent Owner’s
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`Certification of Agreement to Terms, at 3.)
`
`Exhibits 2001-2009 are laboratory notebooks authored by several Genentech
`
`scientists. Exhibits 2001-2009 contain information pertaining to each scientist’s
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`work product during the course of his or her employment at Genentech, and are
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`therefore “confidential research [and] development . . . information” pursuant to
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`FRCP 26(c)(1)(G).
`
`Exhibits 2010-2015 are internal communications within Genentech
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`pertaining to confidential research and development activities being conducted by
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`scientists at Genentech, and are therefore “confidential research [and] development
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`. . . information” pursuant to FRCP 26(c)(1)(G). Furthermore, Exhibit 2015 was
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`marked “CONFIDENTIAL” internally by Genentech.
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`Exhibits 2016-2018 are declarations by three Genentech scientists pertaining
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`to confidential research and development activities related to the invention
`3
`
`
`
`
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`described and claimed in U.S. Patent No. 6,407,213. The redacted portions of
`
`IPR2017-01373
`Patent Owner’s Motion to Seal
`
`
`Exhibits 2016-2018 contain “confidential research [and] development . . .
`
`information” pursuant to FRCP 26(c)(1)(G).
`
`Patent Owner therefore respectfully requests that the aforementioned
`
`materials remain under seal pursuant to the Proposed Modified Default Standing
`
`Protective Order.
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`Dated: September 6, 2017
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`
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`4
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`Respectfully Submitted,
`
`/David L. Cavanaugh/
`
`David L. Cavanaugh
`Registration No. 36,476
`WILMER CUTLER PICKERING
`HALE AND DORR LLP
`1875 Pennsylvania Avenue, N.W.
`Washington, D.C. 20006
`david.cavanaugh@wilmerhale.com
`Tel.: 202-663-6000
`Fax: 202-663-6363
`
`
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