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`Paper No. ___
`Filed: December 14, 2018
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________________
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`MYLAN PHARMACEUTICALS INC.,
`Petitioner,
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`v.
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`BAYER INTELLECTUAL PROPERTY GMBH,
`Patent Owner.
`_____________________________
`
`IPR2018-01143
`Patent No. 9,539,218
`_____________________________
`
`PETITIONER’S RENEWED MOTION TO SEAL
`PORTIONS OF EXS. 1066-1068 AND PAPER 11
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`I.
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`STATEMENT OF PRECISE RELIEF REQUESTED
`Pursuant to 37 C.F.R. §§ 42.14, 42.54 and the Board’s November 30, 2018
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`decision (Paper No. 12), Petitioner Mylan Pharmaceuticals Inc. respectfully
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`submits this renewed motion to seal unredacted versions of Exhibits 1066-1068
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`and Paper 11.
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`The unredacted versions of Exhibits 1066-1068 were submitted under seal in
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`Case No. 17-cv-462 (RGA) pending in the United States District Court for the
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`District of Delaware. They contain information that is business confidential to
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`Mylan. Redacted versions of these exhibits were filed publicly at the district court
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`and revised redacted versions are concurrently being filed publicly in this
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`proceeding.
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`In response to the Board’s comment on page 4 of paper 12, questioning the
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`confidentiality of certain redactions, such as from the ʼ218 patent specification and
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`other public filings in this proceeding, Petitioner supplies herewith revised
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`redacted copies so as to provide fewer redactions.
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`In response to the Board’s comment on page 4 that some material may
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`become public during trial, if said trial occurs and if such material becomes public
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`before confidential materials are expunged from this proceeding, Petitioner will
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`notify the Board and request that the non-redacted versions be made public.
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`Lastly, the Board questioned the basis for the “business-related competitive
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`- 1 -
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`harm.” If Petitioner’s competitors are made privy to the redacted portions,
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`Petitioner believes they are provided with litigation positions and strategy that they
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`would not otherwise have, to the competitive detriment of Petitioner. This remains
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`true unless and until the redacted material becomes public in the district court. Any
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`Board action disclosing the redacted material prior to its public disclosure in the
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`district court would thus subject Petitioner to irreparable competitive harm by
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`disclosing Petitioner’s confidential litigation arguments to Petitioner’s competitors.
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` As noted previously, the documents were filed under seal and are governed
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`by the protective order in Case No. 17-cv-462 (RGA) pending in the United States
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`District Court for the District of Delaware.
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` Petitioner believes that good cause exists upon which the Board may grant
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`this motion as to these redacted Exhibits 1066-1068, as revised herewith, and
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`corresponding redactions in Patent Owner’s Sur-Reply (current public version filed
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`as Paper 11).
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`II. CERTIFICATION OF CONFERENCE WITH OPPOSING PARTY
`PURSUANT TO 37 C.F.R. §42.54
`Counsel for Mylan has previously conferred with counsel for Bayer
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`regarding the confidentiality of Exhibits 1066-1068.
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`III. CONCLUSION
`For the reasons provided above, Mylan requests that the Board seal the
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`unredacted versions of Exhibits 1066-1068 and of Paper 11.
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`- 2 -
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`
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`Date: December 14, 2018
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`
`Respectfully submitted,
`
`/ Steven W. Parmelee /
`Steven W. Parmelee
` Reg. No. 31,990
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`CERTIFICATE OF SERVICE
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`
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`This is to certify that I caused to be served true and correct copies of the
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`foregoing Petitioner’s Renewed Motion to Seal Portions of Exhibits 1066-1068
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`and Paper 11, as well as revised redacted versions of Exhibits 1066-1068 on this
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`14th day of December, 2018, on the Patent Owner at the correspondence address of
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`the Patent Owner as follows:
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`Dov P. Grossman
`Ben Picozzi
`WILLIAMS & CONNOLY LLP
`725 Twelfth St. NW
`Washington, DC 20005
`Email: dgrossman@wc.com
`Email: bpicozzi@wc.com
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`
`
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`Dated: December 14, 2018
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`
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`/ Steven W. Parmelee /
` Steven W. Parmelee,
` Reg. No. 31,990
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