`571-272-7822
`
`
`
`
`
`
`
`
`
`
` Paper No. 87
`
` Entered: January 16, 2019
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CELLTRION, INC.,
`Petitioner,
`v.
`
`GENENTECH, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-01374
`Patent 6,407,213 B1
`____________
`
`
`Before SHERIDAN K. SNEDDEN, ZHENYU YANG, and
`ROBERT A. POLLOCK, Administrative Patent Judges.
`
`POLLOCK, Administrative Patent Judge.
`
`
`
`
`ORDER
`Granting Patent Owner’s Renewed Motion to Seal
`37 C.F.R. § 42.55
`
`
`
`
`
`
`
`
`
`
`
`IPR2017-01488
`Patent 6,407,213 B1
`
`
`In our Final Written Decision, we denied Petitioner’s motion to
`exclude Exhibits 2001–2005 without prejudice to Patent Owner, and invited
`Patent Owner to file or renew its motions to seal “any presently redacted or
`otherwise confidential portions of Exhibits 2001–2018 and Paper 37 . . . . not
`directly or indirectly relied on” in our Decision. Paper 85, 59. In response,
`Patent Owner now seeks to seal selected portions of Exhibits 2001, 2002,
`2005, and 2006, in accord with the redacted versions of those exhibits
`submitted with its motion. See Paper 86, and supporting exhibits submitted
`December 13, 2018.
`The subject exhibits are laboratory notebooks authored by
`Dr. Leonard Presta (Exhibits 2001, 2002), and Mr. John Ridgeway Brady
`(Exhibits 2005, 2006). Patent Owner attests that “the materials sought to be
`protected [are] not directly or indirectly relied on in the Board’s Final
`Written Decision,” and that “the only information that Patent Owner is
`seeking to redact in Exhibits 2001, 2002, 2005, and 2006 are the details of
`confidential experiments unrelated to the issues in this proceeding.” Paper
`86, 4–5. Patent Owner filed its motion on December 13, 2018, and time for
`any opposition has now past. See 37 C.F.R. § 42.25.
`Having considered Patent Owner’s arguments for sealing selected
`portions of Exhibits 2001, 2002, 2005, and 2006, we determine that Patent
`Owner has demonstrated good cause for its request. See 37 C.F.R. §
`42.54(a).
`
`ORDER
` In consideration of the foregoing, it is:
`ORDERED that Patent Owner’s motion to exclude selected portions
`of Exhibits 2001, 2002, 2005, and 2006 is granted;
`
`2
`
`
`
`IPR2017-01488
`Patent 6,407,213 B1
`
`
`FURTHER ORDERED that the originally-filed versions of Exhibits
`2001, 2002, 2005, and 2006 shall be expunged such that the redacted
`versions of Exhibits 2001, 2002, 2005, and 2006, submitted December 13,
`2018, shall serve as record in these proceedings.
`
`
`PETITIONER:
`Cynthia Hardman
`Robert V. Cerwinski
`GOODWIN PROCTER, LLP
`chardman@goodwinprocter.com
`rcerwinski@goodwinlaw.com
`
`PATENT OWNER:
`David L. Cavanaugh
`Lauren Blakely
`Robert J. Gunther, Jr.
`Lisa J. Pirozzolo
`Kevin S. Prussia
`Andrew J. Danford
`Lauren Blakely
`WILMER CUTLER PICKERING HALE AND DORR LLP
`david.cavanaugh@wilmerhale.com
`lauren.blakely@wilmerhale.com
`Robert.Gunther@wilmerhale.com
`Lisa.Pirozzolo@wilmerhale.com
`Kevin.Prussia@wilmerhale.com
`Andrew.Danford@wilmerhale.com
`
`Adam R. Brausa
`Daralyn J. Durie
`DURIE TANGRI LLP
`abrausa@durietangri.com
`DDurie@durientangri.com
`
`
`3
`
`
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