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` Paper No. 25
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`Entered: November 15, 2017
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`Trials@uspto.gov
`571-272-7822
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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`PFIZER, INC.,
`Petitioner,
`
`v.
`
`GENENTECH, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-01488
`Case IPR2017-014891
`Patent 6,407,213 B1
`____________
`
`
`Before SHERIDAN K. SNEDDEN, ZHENYU YANG, and
`ROBERT A. POLLOCK, Administrative Patent Judges.
`
`POLLOCK, Administrative Patent Judge.
`
`
`
`
`DECISION
`Grant of Patent Owner’s Motion to Seal and
`Entry of Stipulated Protective Order
`37 C.F.R. §§ 42.5 and 42.54
`
`1 This Decision addresses the same issue in the above-identified matters. Therefore, we
`issue one Decision to be filed in both cases. The parties are not authorized to use this
`style heading for any papers.
`
`
`
`
`
`
`
`IPR2017-01488, IPR2017-01489
`Patent 6,407,213 B1
`
`
`Patent Owner filed a motion to seal Exhibits 2001 through 2018 in
`IPR2017-01488, Paper 8; IPR2017-01489, Paper 6. As the time for
`Petitioner to respond has passed, we deem the motion unopposed. See 37
`C.F.R. § 42.25.
`
`A. Exhibits 2001 through 2018
`There is a strong public policy that favors making information filed in
`an inter partes review open to the public. Garmin Int’l v. Cuozzo Speed
`Techs., LLC, IPR2012–00001, slip op. at 1–2 (PTAB Mar. 14, 2013) (Paper
`34). For this reason, except as otherwise ordered, the record of an inter
`partes review trial shall be made available to the public. See 35 U.S.C. §
`316(a)(1); 37 C.F.R. § 42.14.
`The standard for granting a motion to seal is good cause. 37 C.F.R. §
`42.54. That standard includes showing that the information addressed in the
`motion to seal is truly confidential, and that such confidentiality outweighs
`the strong public interest in having the record open to the public. See
`Garmin, slip op. at 2–3.
`Patent Owner contends that Exhibits 2001 through 2018 contain
`confidential research and development information pursuant to FRCP
`26(c)(1)(G). We agree. Accordingly, we find good cause for granting the
`motion.
`We further note that the record of this proceeding shall be preserved
`in its entirety and that 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 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,
`
`2
`
`
`
`IPR2017-01488, IPR2017-01489
`Patent 6,407,213 B1
`
`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.
`
`B. Stipulated Protective Order
`As part of its motion, Patent Owner submitted a proposed stipulated
`protective order. Paper 82, 2–3; Ex. 2030. The parties have also identified
`how the proposed stipulated protective order departs from the Board’s
`default order appearing in the Trial Practice Guide. Paper 8, 2–3; Ex. 2031.
`We find that the parties have shown sufficiently good cause for the proposed
`modifications from the Board’s default protective order and that the
`proposed Stipulated Protective Order is warranted.
`
`In consideration of the foregoing, it is therefore:
`ORDERED that Patent Owner’s motion to seal Exhibits 2001
`through 2018 is granted;
`FURTHER ORDERED that the unopposed motion for entry of a
`proposed stipulated protective order is granted;
`FURTHER ORDERED that the proposed stipulated protective order
`(Ex. 2030) agreed to by the parties is hereby entered;
`FURTHER ORDERED that this protective order shall govern the
`conduct of the proceeding unless otherwise modified.
`
`
`
`
`
`
`
`
`
`2 Paper numbers refer to the record in IPR2017-01488.
`
`3
`
`
`
`IPR2017-01488, IPR2017-01489
`Patent 6,407,213 B1
`
`PETITIONER:
`Amanda Hollis
`Stefan M. Miller
`Karen Younkins
`KIRKLAND & ELLIS LLP
`amanda.hollis@kirkland.com
`stefan.miller@kirkland.com
`karen.younkins@kirkland.com
`
`
`PATENT OWNER:
`David L. Cavanaugh
`Owen K. Allen
`WILMER CUTLER PICKERING HALE AND DORR LLP
`david.cavanaugh@wilmerhale.com
`owen.allen@wilmerhale.com
`
`Adam R. Brausa
`DURIE TANGRI LLP
`abrausa@durietangri.com
`
`
`4
`
`
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