`571-272-7822
`
`
`
`
` Paper No. 14
`
`
`
` Entered: December 1, 2017
`
`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 B1)
`Case IPR2017-01374 (Patent 6,407,213 B1)1
`____________
`
`
`Before SHERIDAN K. SNEDDEN, ZHENYU YANG, and
`ROBERT A. POLLOCK, Administrative Patent Judges.
`
`YANG, Administrative Patent Judge.
`
`
`
`
`DECISION
`Patent Owner’s Motion to Seal
`37 C.F.R. § 42.14
`
`
`
`
`
`
`1 This order addresses issues that are common to each referenced case.
`We, therefore, issue a single order that has been entered in each case.
`For convenience, paper numbers refer to those filed in IPR2017-01373.
`
`
`
`
`
`
`IPR2017-01373 (Patent 6,407,213 B1)
`IPR2017-01374 (Patent 6,407,213 B1)
`
`
`Genentech, Inc. (“Patent Owner”) filed a Motion to Seal
`Exhibits 2001–2018. Paper 8, 1. Patent Owner’s Motion is granted.
`Exhibits 2001–2009 are Genentech’s laboratory notebooks or excerpts
`of laboratory notebooks. Exhibits 2010–2015 are internal communications
`relating to research conducted at Genentech. Patent Owner asserts that these
`documents contain confidential research and development information under
`Federal Rule of Civil Procedure 26(c)(1)(G). Paper 8, 3. In addition,
`according to Patent Owner, “Exhibits 2016–2018 are declarations by three
`Genentech scientists pertaining to confidential research and development
`activities related to the invention described and claimed” in the challenged
`patent. Id. at 3–4. Patent Owner has filed a redacted version of each of
`Exhibits 2016–2018.
`Patent Owner represents that the parties have agreed to the provisions
`of a modified version of the default Protective Order set forth in the Office
`Patent Trial Practice Guide (Ex. 2030). Paper 8, 2. The Modified Default
`Standing Protective Order excludes the parties, other than in-house counsel
`(including patent agents), from accessing confidential information in the
`referenced proceedings. Ex. 2031, 1.
`Upon considering the content of Exhibits 2001–2018, along with
`Patent Owner’s representations as to the confidentiality of the information,
`we determine that Patent Owner has shown good cause for sealing Exhibits
`2001–2015 and the redacted portions of Exhibits 2016–2018.
`The record of this proceeding shall be preserved in its entirety and the
`sealed documents will not be expunged or made public, pending the
`outcome of any appeal taken from the Final Decision. At the conclusion of
`2
`
`
`
`
`
`
`IPR2017-01373 (Patent 6,407,213 B1)
`IPR2017-01374 (Patent 6,407,213 B1)
`
`any appeal or, if no appeal is taken, after the time for filing a notice of
`appeal has expired, the documents may be made public. See Office Patent
`Trial Practice Guide, 77 Fed. Reg. 48,756, 48,761 (Aug. 14, 2012). At that
`time, either party may file a motion to expunge the sealed documents from
`the record pursuant to 37 C.F.R. § 42.56.
`Accordingly, it is
`ORDERED that Patent Owner’s Motion to Seal is GRANTED;
`FURTHER ORDERED that Modified Default Standing Protective
`Order (Exhibit 2030) is hereby entered; and
`FURTHER ORDERED that this Protective Order shall govern the
`conduct of the proceedings unless otherwise modified.
`
`
`
`PETITIONER:
`
`Cynthia Hardman
`GOODWIN PROCTER LLP
`chardman@goodwinlaw.com
`
`PATENT OWNER:
`David L. Cavanaugh
`WILMER CUTLER PICKERING HALE AND DORR LLP
`David.Cavanaugh@wilmerhale.com
`
`Adam R. Brausa
`abrausa@durietangri.com
`
`
`3
`
`
`
`
`
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