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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`BECTON, DICKINSON AND COMPANY,
`Petitioner,
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`v.
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`B. BRAUN MELSUNGEN AG,
`Patent Owner
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`Case: IPR2017-01587
`Patent No. 9,149,626
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`PETITIONER’S MOTION TO SEAL
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`IPR2017-01587
`Petitioner’s Motion to Seal
`Petitioner Becton, Dickinson and Company (“BD” or “Petitioner”)
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`respectfully submits this Motion to Seal.
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`I. RELIEF REQUESTED
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`Pursuant to 37 C.F.R. §§ 42.14 and 42.54, and for the reasons set forth
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`below, Petitioner Becton, Dickinson & Company hereby moves for leave to file
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`Exhibit 1029 under seal.
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`II. GOOD CAUSE FOR RELIEF REQUESTED
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`Although “the default rule is that all papers filed in an inter partes review
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`are open and available for access by the public,” a party may file a motion with the
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`Board to seal confidential information that is protected from disclosure. Garmin v.
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`Cuozzo, IPR2012-00001, Paper No. 34 (PTAB March 14, 2013). “The standard
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`for granting a motion to seal is ‘for good cause.’” Id. (quoting 37 C.F.R § 42.54).
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`The Office Patent Trial Practice Guide, 77 Fed. Reg. 48756, 48760 (Aug. 14,
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`2012), states that the “rules identify confidential information in a manner
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`consistent with Federal Rule of Civil Procedure (“FRCP”) 26(c)(1)(G), which
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`provides for protective orders for trade secret or other confidential research,
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`development, or commercial information.”
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`The parties have conferred and agreed to the provisions of the Protective
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`Order set forth in Exhibit 2027 and have stipulated to be bound to the terms set
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`IPR2017-01587
`Petitioner’s Motion to Seal
`forth therein. Exhibit 2028 shows the proposed modifications from the Board’s
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`Default Protective Order, to which the parties have stipulated, in redline.
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`Here, Exhibit 1029 describes certain documents that Petitioner has
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`designated as PROTECTIVE ORDER MATERIAL, indicating that they contain or
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`reflect confidential, proprietary, trade secret, and/or commercially sensitive
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`information. Petitioner’s confidential documents largely consist of product
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`development, technical, and market analysis documents. These materials contain
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`detailed information about Petitioner’s process for designing and developing
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`products and confidential technical details of those products. Petitioner’s interest
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`in protecting its confidential business information outweighs the public’s interest
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`in viewing that information. See Garmin, Paper 36 at 9 (finding that the public’s
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`interest in having access to a party’s confidential business information, not related
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`to patent validity, is “minimal”). Based on Petitioner’s representations, there is
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`good cause to seal Exhibit 1029.
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`III. CERTIFICATION OF NON-PUBLICATION
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`The undersigned counsel certifies the information sought to be sealed by this
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`Motion to Seal has not, to their knowledge, been published or otherwise made
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`public. Petitioner made efforts to maintain the confidentiality of this information
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`in a related district court proceeding. In that district court proceeding, much of the
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`information that Petitioner presently moves to seal was produced pursuant to a
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`IPR2017-01587
`Petitioner’s Motion to Seal
`Protective Order agreed upon by the Parties and was designated
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`“CONFIDENTIAL OUTSIDE COUNSEL ONLY” pursuant to that Protective
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`Order.
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`IV. CONCLUSION
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`For the reasons set forth above, Petitioner respectfully requests the Board
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`grant its motion to seal.
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`Dated: July 9, 2018
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`Respectfully submitted,
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`By: /Heather M. Petruzzi/
` Heather M. Petruzzi (71,270)
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`Counsel for Petitioner
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