`Tel: 571-272-7822
`
`Paper 75
`Entered: July 11, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`CELLTRION, INC.,
`Petitioner
`
`v.
`
`GENENTECH, INC.,
`Patent Owner.
`____________
`
` Case IPR2017-01373
` 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
`Amending Grant of Request for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`
`IPR2017-01373 and IPR2017-01374
`Patent 6,407,213 B1
`
`
`
`On June 29, 2018, we granted the parties request for oral hearing.
`Paper 67.1 In that Order, we indicated that the proceeding would be open to
`the public such that disclosure of confidential information at the hearing
`would constitute a waiver of any claim to confidentiality. See id. at 2–3.
`On July 10, 2018, we received an email from Patent Owner’s counsel
`stating:
`
`In view of the protective order and the Board’s prior order
`granting Patent Owner’s motion to seal in each of these
`proceedings, Patent Owner requests to seal the portions of the
`hearing and the demonstratives that relate to antedation for 30
`days after receipt of the hearing transcript by the parties. During
`the 30 days, the parties may agree to, or request the Board to,
`continue to seal all or a portion thereof. Because both
`proceedings implicate the same material, Patent Owner does not
`object to having counsel for Pfizer, Celltrion, and Samsung
`present at each hearing.
`
`Patent Owner has discussed this proposal with Petitioners,
`and Petitioners do not oppose sealing the portions of the hearing
`and the demonstratives as outlined above. Should the Board
`wish to discuss this issue on a conference call, the parties are
`generally available on Thursday (except from 11:30-1 ET).
`Ex. 3002.
`We grant Patent Owner’s request in part. In particular, it is
`ORDERED that the hearing will remain open to the public to the
`extent possible. Prior to discussing confidential information relating to
`antedation argument, the disclosing party will request that the panel clear the
`hearing room of persons not authorized to access that information. The
`parties shall be responsible for identifying such persons.
`
`
`1 For convenience we refer to papers as numbered in IPR2017-01373.
`
`2
`
`
`
`IPR2017-01373 and IPR2017-01374
`Patent 6,407,213 B1
`
`
`
`FURTHER ORDERED that the hearing transcript shall be temporarily
`designated Board and Parties Only. Within 10 business days of receipt of
`the transcript, Patent Owner may file a motion identifying those portions
`disclosing confidential information relating to antedation and request that
`they remain sealed.
`FURTHER ORDERED that Patent Owner’s request to seal
`demonstratives is denied. As noted in our Scheduling Order:
`“Notwithstanding 37 C.F.R. § 42.70(b), each party shall, instead of filing,
`provide a courtesy copy of the demonstrative exhibits to the Board by
`emailing them to Trials@uspto.gov.” Paper 67, 3. Accordingly, we discern
`no need for sealing. Parties shall, nevertheless, designate whether an exhibit
`discloses confidential information subject to the protective order.
`
`
`
`
`
`
`
`3
`
`
`
`IPR2017-01373 and IPR2017-01374
`Patent 6,407,213 B1
`
`
`
`
`PETITIONER:
`Cynthia Lambert Hardman
`Robert V. Cerwinski
`GOODWIN PROCTER LLP
`chardman@godwinlaw.com
`recerwinski@goodwinlaw.com
`
`
`
`
`PATENT OWNER:
`David L. Cavanaugh
`Lauren V. Blakely
`Robert J. Gunther Jr.
`Lisa J. Pirozzlo
`Kevin S. Prussia
`Andrew J. Danford
`WILMER CUTLER PICKERING HALE AND DORR LLP
`David.cavanaugh@wilmrhale.com
`Lauren.blakely@wilmerhale.com
`Robert.Gunther@wilmerhale
`Lisa.Pirozzolo@wilmerhald.com
`Kevin.Prussia@wilmerhale.com
`Andrew.Danford@wilmerhale.com
`
`Adam R. Brausa
`Daralyn J. Durie
`DURIE TANGRI LLP
`abrusa@durietangri.com
`ddurie@durietangri.com
`
`4
`
`
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