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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 IPR2020-00130
`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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`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 Sur-Reply, as well as Exhibit 2235, and redacted portions of Exhibit
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`2242, filed therewith. The under-seal version of Patent Owner’s Sur-Reply, along
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`with the under-seal versions of Exhibits 2235 and 2242, are being filed
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`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 (not Patent Owner) has 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 Sur-Reply
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`Patent Owner has filed an under-seal version of the Patent Owner Sur-Reply
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`and a public, redacted version of that Sur-Reply. The redacted portions on pages
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`27 and 28 contain information that Petitioner has contended is confidential
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`research, development, and testing information related to its Telescope products.
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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 Vascular Solutions, LLC, et al v.
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`Medtronic, Inc. et al., 0:19-cv-01760 PJS-TNL (D. Minn.), it appears that there is
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`good cause to keep the redacted information under seal.
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`B.
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`Exhibit 2235: Telescope Guide Extension Catheter Clinical
`Evaluation Report
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`Exhibit 2235, filed under seal, is a document that was produced and
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`designated confidential under the protective order by Petitioner in the parallel
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`district court case Vascular Solutions, LLC, et al v. Medtronic, Inc. et al., 0:19-cv-
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`01760 PJS-TNL (D. Minn.). This document relates to Petitioner’s product
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`development and regulatory communications.
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`Because Petitioner has designated this document 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 this document under seal.
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`C. Exhibit 2242: Under Seal Version of the Deposition Transcript of
`Paul Zalesky, Ph.D.
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`Patent Owner has filed an under-seal version of Exhibit 2242, the January
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`25, 2021 remote videotaped deposition transcript of Paul Zalesky, Ph.D., as well as
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`a public, redacted version of that transcript. Petitioner designated portions of the
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`transcript as confidential during the deposition, as the deposition involved
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`information that Petitioner had designated as confidential under the protective
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`order in the parallel district court case Vascular Solutions, LLC, et al v. Medtronic,
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`Inc. et al., 0:19-cv-01760 PJS-TNL (D. Minn.). Petitioner supplied the redacted
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`version of the transcript to Patent Owner, which contains redactions on pages 166-
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`169, 177-181, and 195-200 related to Petitioner’s confidential research,
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`development, and testing information related to its Telescope products.
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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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`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: the
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`under-seal, unredacted version of the Patent Owner Sur-Reply, Exhibit 2235, and
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`the under-seal, unredacted version of Exhibit 2242.
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`Dated: February 1, 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 February 1, 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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