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`IPR2019-00400
`Patent 8,633,194
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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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`APOTEX INC.
`Petitioner,
`
`v.
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`UCB BIOPHARMA SPRL,
`Patent Owner.
`______________
`
`Case IPR2019-00400
`Patent 8,633,194
`______________
`
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`PATENT OWNER’S MOTION TO SEAL PURSUANT TO 37 C.F.R. § 42.54
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`IPR2019-00400
`Patent 8,633,194
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`Patent Owner UCB Biopharma Sprl hereby moves to seal Attachment A to
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`the Parties’ Joint Stipulation Regarding the Deposition of Domenico Fanara (filed
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`available to everyone as Paper No. 26, and filed available to Board and parties as
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`Paper No. 27), which contains Patent Owner’s confidential information. In
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`connection with that Stipulation, Patent Owner has filed a redacted, non-confidential
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`version of Attachment A (identified as “Attachment B” to the Joint Stipulation).
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`On July 30, 2019, Patent Owner submitted an unopposed Motion to Seal and
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`for Entry of a Protective Order Pursuant to 37 C.F.R. § 42.54 (Paper No. 18), which
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`remains pending in this proceeding. Accordingly, Patent Owner has proceeded
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`under the guidelines of the pending Protective Order.
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`Patent Owner and Petitioner have discussed this Motion, and Petitioner does
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`not oppose this Motion.
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`I. MOTION TO SEAL
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`Patent Owner moves to seal Attachment A to the Parties’ Joint Stipulation
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`Regarding the Deposition of Domenico Fanara (Paper No. 26). Attachment A is an
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`excerpted version of the deposition of inventor Domenico Fanara which was taken
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`in the related district court litigation (UCB, Inc. et al. v. Apotex Inc., No. 0-18-cv-
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`60846 (S.D. Fla.)). That deposition was marked “highly confidential” under the
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`protective order of that case. See UCB, Inc. et al. v. Apotex Inc., ECF Nos. 34 and
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`38.
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`IPR2019-00400
`Patent 8,633,194
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`Excerpted portions of deposition testimony now submitted in Attachment A
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`to the Parties’ Joint Stipulation discloses certain confidential information subject to
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`the district court protective order. Specifically, the deposition testimony contains
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`(1) information relating to a strategic partnership with a pharmaceutical company
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`not party to this proceeding and (2) details regarding Patent Owner’s pharmaceutical
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`formulations. None of the confidential information has previously been made
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`public.
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`The standard for granting a motion to seal is “for good cause.” 37 C.F.R.
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`§ 42.54. Good cause exists here because the nature of the relationship between
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`Patent Owner and the third-party pharmaceutical company, and the specifications
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`for Patent Owner’s pharmaceutical formulations are competitively-sensitive, non-
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`public, business information. See, e.g. Westinghouse Air Brake Techs. Corp. v.
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`Siemens Mobility, Inc., IPR2017-01669, Paper 60 (PTAB Jan. 8, 2019) (granting
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`motion to seal similar information). The information further does not relate to the
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`patentability of claims in an issued patent or otherwise affect the rights of the public.
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`Further, as reflected in the redacted version of Attachment A that Patent Owner has
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`submitted with the Parties’ Joint Stipulation (Attachment B), the proposed
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`redactions are minimal.
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`II. CONCLUSION
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`For the foregoing reasons, Patent Owner respectfully requests that the Board
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`-2-
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`grant this motion to seal.
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`Dated: November 26, 2019
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`IPR2019-00400
`Patent 8,633,194
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`Respectfully submitted,
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`/Robert E. Counihan/ (Electronically signed)
`James S. Trainor, Reg. No. 52,297
`Lead Counsel
`
`Robert E. Counihan, Reg. No. 61,382
`Back-Up Counsel
`
`Fenwick & West LLP
`902 Broadway, Suite 14
`New York, NY 10010
`(212) 430-2600
`jtrainor@fenwick.com
`rcounihan@fenwick.com
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`Erica R. Sutter, Reg. No. 77,450
`801 California Street
`Mountain View, CA 94041
`(650) 988-8500
`esutter@fenwick.com
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`
`Counsel for Patent Owner UCB Biopharma
`Sprl
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`-3-
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`IPR2019-00400
`Patent 8,633,194
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), I hereby certify that on November 26, 2019, the
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`foregoing document is being served by filing this document through the Patent Trial and
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`Appeal Board End to End System, as well as by delivering a copy via electronic mail
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`upon the following counsel of record for the Petitioner:
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`jitty.malik@kattenlaw.com
`alissa.pacchioli@kattenlaw.com
`joe.janusz@kattenlaw.com
`lance.soderstrom@kattenlaw.com
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`Date: November 26, 2019
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`
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`Respectfully submitted,
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`
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`/Robert E. Counihan/ (Electronically signed)
`Robert E. Counihan
`Reg. No. 61,382
`Phone: (212) 430-2600
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`-4-
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