`571.272.7822
`
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`
`
`
`
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` Paper No. 36
` Entered: April 27, 2018
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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`WATSON LABORATORIES, INC.
`Petitioner,
`
`v.
`
`UNITED THERAPEUTICS, CORP.
`Patent Owner.
`____________
`
`Cases IPR2017-01621 and IPR2017-01622
`Patents 9,358,240 B2 and 9,339,507 B2
`____________
`
`
`Before TONI R. SCHEINER, ERICA A. FRANKLIN,
`and DAVID COTTA, Administrative Patent Judges.
`
`COTTA, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Patent Owner’s Motion to Seal and Entry of Protective Order
`37 C.F.R. §§ 42.14 and 42.54
`
`
`
`
`
`
`
`IPR2017-01621 (Patent 9,358,240 B2)
`IPR2017-01622 (Patent 9,339,507 B2)
`
`
`I.
`
`INTRODUCTION
`
`On March 23, 2018, United Technologies Corp. (“Patent Owner”)
`
`filed a Motion to Seal. Paper 32 (“Motion” or “Mot.”).1 The motion seeks
`
`to seal portions of Exhibit 2204, a deposition taken in a pending district
`
`court litigation. Mot. 1. The motion also seeks entry of the Default
`
`Protective Order set forth in the Office Patent Trial Practice Guide, 77 Fed.
`
`Reg. 48756, 48771 (Aug. 14, 2012). Id. at 2. Patent Owner represents that
`
`the information sought to be sealed has not been made public and that Patent
`
`Owner has made efforts to maintain the confidentiality of the information.
`
`Id. at 2. Patent Owner further represents that the information is of the type
`
`that, if disclosed, “could be improperly used by competitors to gain unfair
`
`business and competitive advantage with customers in the marketplace,
`
`including using details of Patent Owner’s development process for
`
`competitive commercial products.” Id. at 1–2. Petitioner has indicated that
`
`it does oppose Patent Owner’s motion to file portions of Exhibit 2204 under
`
`seal. Ex. 3006. Finally, Patent Owner represents that it has conferred with
`
`Petitioner and that both parties agree to entry of the Default Protective
`
`Order. Id.
`
`The standard for granting a motion to seal is “good cause.” 37 C.F.R.
`
`§ 42.54. There is a strong public policy that favors making information filed
`
`
`
`1 There are slight differences in the numbering of Papers and Exhibits in
`IPR2017-01621 and IPR2017-01622. Notwithstanding these differences, the
`papers relating to the motions addressed herein are substantively identical.
`Unless otherwise noted, for the convenience of the Board, citations to Papers
`and Exhibits referenced herein are only to IPR2017-01621, with the
`understanding that there exists a corresponding, substantively identical,
`Paper or Exhibit in IPR2017-01622.
`
`2
`
`
`
`IPR2017-01621 (Patent 9,358,240 B2)
`IPR2017-01622 (Patent 9,339,507 B2)
`
`in inter partes review proceedings open to the public. See Garmin
`
`International v. Cuozzo Speed Technologies, LLC, Case IPR2012-00001,
`
`slip op. at 1-2 (PTAB March 14, 2013) (Paper 34) (discussing the standards
`
`of the Board applied to motions to seal). The moving party bears the burden
`
`of showing that the relief requested should be granted. 37 C.F.R. § 42.20(c).
`
`That includes showing that the information is truly confidential, and that
`
`such confidentiality outweighs the strong public interest in having an open
`
`record.
`
`Upon consideration of the parties’ arguments, the proposed protective
`
`order, and the information sought to be redacted, Patent Owner’s motion is
`
`granted. Patent Owner has shown that the material sought to be sealed is, or
`
`at least appears on its face to be, confidential financial information.
`
`Petitioner does not contest Patent Owner’s request to treat portions of
`
`Exhibit 2204 as confidential information subject to the standard protections
`
`of the default protective order.
`
`Accordingly, it is hereby
`
`ORDERED that Patent Owner’s Motion to Seal is granted;
`
`FURTHER ORDERED that the proposed protective order, submitted
`
`as Appendix A to the Motion is entered, and governs the treatment and filing
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`of confidential information in this proceeding; and
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`FURTHER ORDERED that the parties must obtain authorization
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`from the Board before filing any other papers or exhibits under seal during
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`this proceeding.
`
`
`
`
`
`
`
`3
`
`
`
`IPR2017-01621 (Patent 9,358,240 B2)
`IPR2017-01622 (Patent 9,339,507 B2)
`
`
`
`
`PETITIONER:
`
`Michael K. Nutter
`Andrew R. Sommer
`WINSTON & STRAWN LLP
`mnutter@winston.com
`asommer@winston.com
`
`
`PATENT OWNER:
`
`Stephen B. Maebius
`George Quillin
`FOLEY & LARDNER LLP
`smaebius@foley.com
`gquillin@foley.com
`
`
`Shaun R. Snader
`UNITED THERAPEUTICS CORP.
`ssnader@unither.com
`
`
`Douglas Carsten
`Richard Torczon
`Robert Delafield
`Veronica Ascarrunz
`WILSON, SONSINI, GOODRICH & ROSATI
`dcarsten@wsgr.com
`rtorczon@wsgr.com
`bdelafield@wsgr.com
`vascarrunz@wsgr.com
`
`
`
`4
`
`
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