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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.,
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`Petitioners,
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`v.
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`TELEFLEX INNOVATIONS S.À.R.L,
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`Patent Owner.
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`IPR2020-00130
`Patent RE45,380 E
`_______________
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`PETITIONERS’ UNOPPOSED MOTION TO FILE UNDER SEAL
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`Pursuant to 37 C.F.R. §§ 42.14 and 42.54, Petitioners submit this
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`Unopposed Motion to File Under Seal, requesting that the following information
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`and documents remain sealed: the Board’s Final Written Decision (Paper 103,
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`dated June 7, 2021), filed under seal.
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`Petitioners conferred with Patent Owner, and Patent Owner does not oppose
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`this motion.
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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(a). “The rules
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`identify 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 Trial
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`and Appeal Board Consolidated Trial Practice Guide, at 19 (Nov. 2019 ed.).
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`The documents subject to this motion contain confidential information and,
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`thus, qualify for protection, and for the reasons explained below, there is good
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`cause to keep the documents sealed.
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`A. Under-Seal Version of the Board’s Final Written Decision
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`Petitioners file an under-seal version of the Board’s Final Written Decision
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`and a public, redacted version of that Final Written Decision. The redacted
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`portions discuss Patent Owner’s confidential information, specifically, information
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`1
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`related to Patent Owner’s product development, product design, marketing, and
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`related efforts and strategies. Patent Owner has designated this information as
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`confidential under the protective order governing the parallel district court
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`litigation in the United States District Court for the District of Minnesota. This
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`information qualifies as “confidential information” under the Trial Practice Guide.
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` Certification of Conference
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`Pursuant to 37 C.F.R. §§ 42.54(a), Petitioners certify that they, in good faith,
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`conferred with Patent Owner. Patent Owner does not oppose this motion. Both
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`Petitioners and Patent Owner agree to abide by the parties’ stipulated Protective
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`Order.
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` Request for Conference Call with the Board
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`Should the Board not be inclined to grant this Unopposed Motion to File
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`Under Seal, Petitioners request a conference call with the Board to discuss any
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`concerns prior to the Board issuing a decision on the motion.
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` Conclusion
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`Petitioners respectfully request that the Board grant this Unopposed Motion
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`to File Under Seal and keep the following information and documents under seal:
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`the Board’s Final Written Decision (Paper 103, dated June 7, 2021), filed under
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`seal.
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`2
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`Dated: September 27, 2021
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`Respectfully submitted,
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`/Cyrus A. Morton/
`Cyrus A. Morton
`Reg. No. 44,954
`Robins Kaplan LLP
`2800 LaSalle Plaza
`800 LaSalle Avenue
`Minneapolis, MN 55402
`Attorney for Petitioners
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`3
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`CERTIFICATE OF SERVICE
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`I certify that on September 27, 2021, a copy of PETITIONERS’
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`UNOPPOSED MOTION TO FILE UNDER SEAL was served in its entirety by
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`electronic mail on Patent Owner’s counsel at the following addresses indicated in
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`Patent Owner’s Mandatory Notices:
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`J. Derek Vandenburgh, Reg. No. 32,179
`dvandenburgh@carlsoncaspers.com
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`Dennis C. Bremer, Reg. No. 40,528
`dbremer@carlsoncaspers.com
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`Joseph W. Winkels
`jwinkels@carlsoncaspers.com
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`Peter M. Kohlhepp
`pkohlhepp@carlsoncaspers.com
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`Tara C. Norgard
`tnorgard@carlsoncaspers.com
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`Alexander S. Rinn
`pkohlhepp@carlsoncaspers.com
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`Megan E. Christner, Reg. No. 78,979
`mchristner@carlsoncaspers.com
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`Respectfully submitted,
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`/Cyrus A. Morton/
`Cyrus A. Morton
`Reg. No. 44,954
`Attorney for Petitioners
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`4
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`Dated: September 27, 2021
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