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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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`MEDTRONIC, INC., AND MEDTRONIC VASCULAR, INC.
`Petitioners,
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`v.
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`TELEFLEX INNOVATIONS S.A.R.L.
`Patent Owner.
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`Case IPR2020-00128
`Patent RE 45,380
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`PATENT OWNER’S UNOPPOSED MOTION TO FILE UNDER SEAL
`PURSUANT TO 37 C.F.R. §§ 42.14 AND 42.54
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`1
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`Pursuant to 37 C.F.R. §§ 42.14 and 42.54, Patent Owner respectfully
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`submits this Patent Owner’s Unopposed Motion to File Under Seal, requesting that
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`the following information remain under seal: the redacted portions of Patent
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`Owner’s Demonstratives for Hearing, namely slides: 256, 262-63, 274, and 276-
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`78. The under-seal version of Patent Owner’s Demonstratives for Hearing is being
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`filed concurrently with this motion.
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`Patent Owner has conferred with Petitioner, and Petitioner does not oppose
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`this motion to seal; the information that is the subject of this motion is information
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`that Petitioner and Patent Owner have designated as confidential.
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`In conjunction with the Patent Owner’s Preliminary Responses, Patent
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`Owner and Petitioner agreed to and submitted a stipulated Joint Protective Order.
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`Patent Owner respectfully requests that the Board enter that stipulated Joint
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`Protective order in the above-captioned case to govern treatment of the documents
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`and information identified herein.
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`I.
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`Good Cause
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`For good cause, the Board may “issue an order to protect a party or person
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`from disclosing confidential information.” 37 C.F.R. § 42.54. The rules “identify
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`confidential information in a manner consistent with Federal Rule of Civil
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`Procedure 26(c)(1)(G), which provides for protective orders for trade secret or
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`other confidential research, development, or commercial information.” Patent
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`Trial and Appeal Board Consolidated Trial Practice Guide (“TPG”), at 19 (Nov.
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`2019 ed.).
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`Each of the documents subject to this motion meets this standard, and for the
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`reasons explained herein there is good cause for why these documents should
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`remain under seal.
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`A. Under-Seal Version of Patent Owner Demonstratives for Hearing
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`Patent Owner has filed an under-seal version of Patent Owner’s
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`Demonstratives and a public, redacted version. The redacted slides 256, 274, and
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`276-78 contain information that Petitioner has contended is confidential research,
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`development, and testing information related to its products, regulatory
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`communications, and marketing. Petitioner has designated this information as
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`confidential under the protective order in the parallel district court case Vascular
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`Solutions, LLC, et al v. Medtronic, Inc. et al., 0:19-cv-01760 PJS-TNL (D. Minn.).
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`Because Petitioner has designated this information as confidential under the
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`protective order in the parallel district court case, it appears that there is good cause
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`to keep the redacted information under seal.
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`The redacted slides 262-63 contain information that Patent Owner has
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`contended contain confidential commercial information relating to revenue and
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`units sold. There is likewise good cause for keeping this information under seal.
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`Publicly revealing the commercially sensitive information noted above would put
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`Patent Owner at a competitive disadvantage in the marketplace.
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`II. Certification of Conference
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`Pursuant to 37 C.F.R. § 42.54(a), Patent Owner certifies that it has in good
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`faith conferred with Petitioners’ counsel. Petitioners’ counsel does not oppose this
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`motion to seal.
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`Both Petitioner and Patent Owner agree to abide by the parties’ stipulated
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`Protective Order pending a decision by the Board on the motion for entry thereof.
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`III. Conclusion
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`Patent Owner respectfully requests that the Board grant this Unopposed
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`Motion to File Under Seal, and keep the following documents under seal: Patent
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`Owner Demonstratives for Hearing.
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`Dated: March 4, 2021
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`Respectfully submitted,
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`/ J. Derek Vandenburgh /
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`J. Derek Vandenburgh (Lead Counsel)
`Registration No. 32,179
`Carlson, Caspers, Vandenburgh
` & Lindquist, P.A.
`225 South Sixth Street, Suite 4200
`Minneapolis, MN 55402
`Telephone: (612) 436-9600
`Facsimile: (612) 436-9650
`Email: DVandenburgh@carlsoncaspers.com
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`Lead Counsel for Patent Owner
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`CERTIFICATION OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e) and the agreement of the parties, the
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`undersigned certifies that on March 4, 2021, a true and correct copy of the
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`foregoing PATENT OWNER’S UNOPPOSED MOTION TO FILE UNDER SEAL
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`PURSUANT TO 37 C.F.R. §§ 42.14 AND 42.54 was served via electronic mail
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`upon the following:
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`Cyrus A. Morton (Reg. No. 44,954)
`Sharon Roberg-Perez (Reg. No. 69,600)
`Christopher A. Pinahs (Reg. No. 76,375)
`William E. Manske (pro hac vice)
`Emily J. Tremblay (pro hac vice)
`Robins Kaplan LLP
`800 LaSalle Avenue, Suite 2800
`Minneapolis, MN 55401
`Phone: 349-8500
`Fax: 612-339-4181
`Email: Cmorton@robinskaplan.com
`Email: Sroberg-perez@robinskaplan.com
`Email: Cpinahs@robinskaplan.com
`Email: WManske@RobinsKaplan.com
`Email: ETremblay@RobinsKaplan.com
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`/J. Derek Vandenburgh/
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`J. Derek Vandenburgh (Lead Counsel)
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