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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
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`
`AMNEAL PHARMACEUTICALS LLC AND AMNEAL
`PHARMACEUTICALS OF NEW YORK, LLC and MYLAN
`PHARMACEUTICALS INC.,
`Petitioners,
`
`v.
`
`ALMIRALL, LLC,
`Patent Owner.
`_____________________
`
`Case IPR2019-002071
`Patent 9,517,219 B2
`_____________________
`
`
`PETITIONERS’ COMBINED MOTION TO SEAL AND
`ENTER DEFAULT PROTECTIVE ORDER
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`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`1 Cases IPR2019-00207 and IPR2019-01095 have been joined in this proceedings.
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`
`
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`Case IPR2019-00207
`Patent No. 9,517,219 B2
`
`TABLE OF CONTENTS
`
`I.
`Relief Requested .............................................................................................. 1
`II. Motion to Seal .................................................................................................. 1
`III. Conclusion ....................................................................................................... 2
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`- i-
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`Case IPR2019-00207
`Patent No. 9,517,219 B2
`Pursuant to 37 C.F.R. §§ 42.14 and 42.55, Petitioners hereby move to seal
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`Exhibit AMN1078 and portions of Petitioners’ January 24, 2020 additional
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`briefing authorized by the Board. For this purpose, and only as ultimately deemed
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`necessary, Petitioner requests entry of the Default Protective Order as set forth in
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`Appendix B of the Office Patent Trial Practice Guide.
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`I.
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`Relief Requested
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`The parties have previously conferred and agreed upon the entry of the
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`Default Protective Order of this Board (Appendix B of the Consolidated Trial
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`Practice Guide (November 2019)).
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`II. Motion to Seal
`Good cause exists for sealing Exhibit AMN1078 and portions of Petitioners’
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`January 24, 2020 additional briefing authorized by the Board. See Paper 39 at 9.
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`The Board may issue this order “for good cause.” 37 C.F.R. § 42.54. For good
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`cause, the Board needs to know why information sought to be sealed constitutes
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`confidential information. Garmin Int’l, Inc. v. Cuozzo Speed Techs. LLC, IPR2012-
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`00001, Paper 36, Decision on Revised Mot. to Seal, p. 4 (P.T.A.B. Apr. 5, 2013).
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`The Board then balances the needs in protecting the information against the
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`public’s interest in maintaining a complete and understandable file history. Id. at 8.
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`In this case, Exhibit AMN1078 is the deposition transcript of co-inventor Dr.
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`Kevin Warner, which was conducted as part of a related district court action,
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`Almirall LLC v. Taro Pharmas. Indus. Ltd., 17-663 (D. Del.) involving the ’219
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`- 1 -
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`Case IPR2019-00207
`Patent No. 9,517,219 B2
`patent challenged in this IPR proceeding. Counsel for Patent Owner has
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`represented to us that the deposition transcript contains confidential information
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`and should be sealed. See AMN1079. Counsel for Petitioners sought clarification
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`from counsel for Patent Owner before this filing to determine what portions of the
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`AMN1078 are confidential, but did not receive a response. Consequently, and out
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`of an abundance of caution, Petitioners filed a public version of Exhibit AMN1078
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`that is almost entirely redacted.
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`Additionally, portions of Petitioners’ January 24, 2020 additional briefing
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`authorized by the Board reference testimony from Dr. Warner’s confidential
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`deposition transcript. Petitioners filed a redacted version containing narrow
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`redactions to only the confidential material. These redactions maintain what Patent
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`Owner believes to be confidential, yet provides the public access to the remaining
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`portions of Petitioners’ brief. Accordingly, good cause exists to seal Exhibit
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`AMN1078 and portions of Petitioners’ January 24, 2020 additional briefing
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`authorized by the Board.
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`III. Conclusion
`For the reasons stated above, Petitioners respectfully request that this Motion
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`to Seal be granted. To the extent the Board has questions about the redactions,
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`Petitioners respectively request that the Board direct any such questions to Patent
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`Owner.
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`- 2 -
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`
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`Case IPR2019-00207
`Patent No. 9,517,219 B2
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`
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`Respectfully submitted,
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C
`
`
`Date: January 24, 2020
`1100 New York Avenue, N.W.
`Washington, D.C. 20005-3934
`
`
`
`Dennies Varughese, Pharm.D.
`Registration No. 61,868
`Lead Attorney for Petitioners
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`- 3 -
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`CERTIFICATE OF SERVICE (37 C.F.R. § 42.6(e))
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`I certify that the above-captioned "Petitioners’ Motion to Seal,” upon the
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`following parties via electronic mail:
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`
`
`James Trainor
`
`
`RJ Shea
`
`FENWICK & WEST LLP
`902 Broadway, Suite 14
`New York, NY 10010
`
`Telephone (212) 430-2600
`Facsimile (650) 938-5200
`jtrainor@fenwick.com
`rshea@fenwick.com
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`Jennifer R. Bush
`FENWICK & WEST LLP
`801 California Street
`Mountain View, CA 94041
`Telephone (650) 988-8500
`Facsimile (650) 938-5200
`jbush@fenwick.com
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`Elizabeth B. Hagan
`FENWICK & WEST LLP
`1191 Second Avenue, 10th Floor
`Seattle, WA 98101
`Telephone (206) 389-4510
`Facsimile (206) 389-4511
`ehagan@fenwick.com
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`
`
`
` STERNE, KESSLER, GOLDSTEIN & FOX L.L.C.
`
`
`
`
`Dennies Varughese, Pharm.D.
`Date: January 24, 2020
`1100 New York Avenue, N.W. Registration No. 61,868
`Washington, D.C. 20005-3934
`Lead Attorney for Petitioners
`(202) 371-2600
`
`
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