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`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
`
`TARO PHARMACEUTICALS U.S.A., INC.,
`Petitioner,
`
`v.
`
`APOTEX TECHNOLOGIES, INC.,
`Patent Owner.
`________________
`
`Case No. IPR2017-01446
`
`U.S. Patent No. 7,049,328 B2
`
`Title: USE FOR DEFERIPRONE
`________________
`
`
`PATENT OWNER’S MOTION TO SEAL
`
`
`
`IPR2017-01446
`
`Pursuant to 37 C.F.R. §§ 42.14 and 42.54, Patent Owner, Apotex
`Technologies, Inc. (“Apotex”), respectfully requests that the Board seal Patent
`Owner’s Opposition to Petitioner’s Motion to Compel Routine Discovery, or in the
`Alternative, for Additional Discovery (“the Opposition”).
`The parties have conferred and agreed to the provisions of the Modified
`Default Standing Protective Order set forth in Exhibit 1051, and have stipulated to
`be bound by its terms. The Modified Default Standing Protective Order provides:
`A party may file documents or information with the Board
`under seal, together with a non-confidential description of
`the nature of the confidential information that is under seal
`and the reasons why the information is confidential and
`should not be made available to the public. The
`submission shall be treated as confidential and remain
`under seal, unless, upon motion of a party and after a
`hearing on the issue, or sua sponte, the Board determines
`that the documents or information do not to qualify for
`confidential treatment.
`(Ex. 1051 (Modified Default Standing Protective Order).)
`The Opposition refers to information contained in Exhibits 1037-1045 and
`1047-1049, which are documents that Patent Owner has designated as Highly
`Confidential pursuant to the Stipulated Protective Order entered in the concurrent
`district court case, ApoPharma Inc. v. Taro Pharmaceutical Industries, Ltd., Case
`No. 2:16-cv-00528 (E.D. Tex.). Patent Owner therefore filed the Opposition under
`seal, along with a publicly-available redacted version of the Opposition.
`
`
`
`IPR2017-01446
`
`I.
`GOOD CAUSE EXISTS FOR SEALING THE DOCUMENTS
`Although “the default rule is that all papers filed in an inter partes review
`are open and available for access by the public,” a party may file a motion with the
`Board to seal confidential information that is protected from disclosure. See
`Garmin Int’l, Inc. v. Cuozzo Speed Techs., LLC, IPR2012-00001, Paper No. 34
`(PTAB Mar. 14, 2013). “The standard for granting a motion to seal is ‘for good
`cause.’” Id. (quoting 37 C.F.R. § 42.54). The Office Patent Trial Practice Guide,
`77 Fed. Reg. 48756, 48760 (Aug. 14, 2012), states that the “rules identify
`confidential information in a manner consistent with Federal Rule of Civil
`Procedure 26(c)(1)(G), which provides for protective orders for trade secret or
`other confidential research, development, or commercial information.”
`Patent Owner is filing an Opposition to Petitioner’s Motion to Compel
`Routine Discovery, or in the Alternative, for Additional Discovery, which refers to
`materials that Patent Owner has designated as “Highly Confidential” under the
`Stipulated Protective Order filed in the concurrent district court case. Patent
`Owner is seeking to seal the Opposition, and based on Patent Owner’s designation
`in the ongoing district court litigation, there is good cause to seal these documents.
`
`II. CERTIFICATION OF CONFERENCE WITH OPPOSING
`PARTY PURSUANT TO 37 C.F.R. § 42.54
`The parties have conferred and Petitioner does not oppose this motion.
`THEREFORE, Patent Owner respectfully requests that the Board grant this
`Motion to Seal.
`
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`3
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`IPR2017-01446
`
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`Dated: April 23, 2018
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`Respectfully Submitted,
`
`/W. Blake Coblentz/
`W. Blake Coblentz
`Counsel for Patent Owners
`
`
`
`
`
`COZEN O’CONNOR PC
`1200 Nineteenth St. N.W.
`Washington, D.C. 20036
`202-912-4837
` wcoblentz@cozen.com
`
`
`
`4
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`
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`IPR2017-01446
`
`CERTIFICATE OF SERVICE
`I hereby certify that, on April 23, 2018, I caused a true and correct copy of
`the foregoing materials: PATENT OWNER’S MOTION TO SEAL to be served
`via electronic mail on the following attorneys of record:
`
`
`Huiya Wu
`Sarah Fink
`GOODWIN PROCTER LLP
`The New York Times Building
`620 Eighth Avenue
`New York, NY 10018-1405
`HWu@goodwin.law.com
`SFink@goodwinlaw.com
`
`
`
`
`By: /s/ W. Blake Coblentz
`
`W. Blake Coblentz
`Reg. No. 57,104
`COZEN O’CONNOR
`1200 Nineteenth Street, N.W.
`Washington, DC 20036
`(202) 912-4837
`
`
`
`
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