`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`MEDTRONIC, INC., AND MEDTRONIC VASCULAR, INC.
`Petitioners,
`
`v.
`
`TELEFLEX INNOVATIONS S.A.R.L.
`Patent Owner.
`
`
`
`
`Case IPR2020-00134
`Patent RE45,760 E
`
`
`
`
`PATENT OWNER’S UNOPPOSED MOTION TO FILE UNDER SEAL
`PURSUANT TO 37 C.F.R. §§ 42.14 AND 42.54
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`1
`
`
`
`Pursuant to 37 C.F.R. §§ 42.14 and 42.54, Patent Owner respectfully
`
`submits this Patent Owner’s Unopposed Motion to File Under Seal, requesting that
`
`the following information remain under seal: portions of Patent Owner’s Response,
`
`as well as Exhibits 2139, 2140, 2141, 2153, 2154, 2197, 2198, 2201, and 2202,
`
`filed therewith. The under-seal version of the Patent Owner Response, along with
`
`the identified under-seal exhibits, are being filed concurrently with this motion.
`
`Patent Owner has conferred with the Petitioner, and the Petitioner does not
`
`oppose this motion to seal.
`
`In conjunction with the Patent Owner’s Preliminary Responses, the Patent
`
`Owner and Petitioner agreed to and submitted a stipulated Joint Protective Order.
`
`Patent Owner respectfully requests that the Board enter that stipulated Joint
`
`Protective order in the above captioned case to govern treatment of the documents
`
`and information identified herein.
`
`I.
`
`Good Cause
`
`For good cause, the Board may “issue an order to protect a party or person
`
`from disclosing confidential information.” 37 C.F.R. § 42.54. The rules “identify
`
`confidential information in a manner consistent with Federal Rule of Civil
`
`Procedure 26(c)(1)(G), which provides for protective orders for trade secret or
`
`other confidential research, development, or commercial information.” Office
`
`Patent Trial Practice Guide, 77 Fed. Reg. 48756, 48760 (Aug. 14, 2012).
`
`
`
`2
`
`
`
`Each of the sets of information below meets this standard, and for the
`
`reasons explained there is good cause for why those documents should remain
`
`under seal.
`
`A. Under-Seal Version of Patent Owner’s Response
`
`Patent Owner has filed an under-seal Patent Owner Response and a public,
`
`redacted version of that Response. The redacted portions on pages 26-29, 33, 37,
`
`39, and 41 contain confidential Patent Owner sales data regarding GuideLiner
`
`revenue and units sold, as well as reflect licensing strategy. The remaining
`
`redacted portions reflect information that Petitioner Medtronic has designated as
`
`confidential under the district court protective order governing the parties in
`
`parallel litigation in the District of Minnesota.
`
`All of this information fits squarely within the kinds of information that the
`
`Trial Practice guide considers to be “confidential information,” such as
`
`“confidential research, development, or commercial information.” 77 Fed. Reg.
`
`48756, 48760.
`
`There is good cause for keeping the redacted information contained in Patent
`
`Owner’s Response under seal. Publicly revealing the sensitive, competitive
`
`information could put the parties at a disadvantage in the marketplace.
`
`
`
`3
`
`
`
`B.
`
`Exhibits 2139-2141: Engineering Drawings
`
`
`
`Exhibits 2139, 2140, and 2141, filed as protective order material, are
`
`documents that were designated confidential in the case of QXMédical, LLC v.
`
`Vascular Solutions, LLC, et al., 0:17-cv-01969-PJS-TNL (D. Minn.). These
`
`documents contain confidential information about Patent Owner’s product design
`
`and manufacture specifications. This information fits squarely within the kinds of
`
`information that the Trial Practice guide considers to be “confidential
`
`information,” such as “confidential research, development, or commercial
`
`information.” 77 Fed. Reg. 48756, 48760.
`
`There is good cause for Patent Owner’s confidential product design and
`
`manufacture specifications under seal. Publicly revealing the sensitive,
`
`competitive information would put Patent Owner at a disadvantage in the
`
`marketplace.
`
`C. Exhibits 2197, 2198, 2201, 2202: Petitioner Medtronic
`Confidential Documents
`
`
`
`Exhibits 2197-2199, 2201 and 2202, filed under seal, are documents
`
`produced by Petitioner Medtronic in the parallel District of Minnesota ligation and
`
`designated as confidential under the protective order in that case. These
`
`documents describe Petitioner Medtronic’s product development and marketing.
`
`Because Petitioner has designated these documents as confidential under the
`
`District of Minnesota protective order, it appears that there is good cause for
`
`
`
`4
`
`
`
`keeping these documents under seal. Presumably, publicly revealing the
`
`information Petitioner Medtronic has designated as confidential could put
`
`Petitioner Medtronic at a competitive disadvantage in the marketplace.
`
`D. Exhibit 2153: Under Seal Declaration of Steve Jagodzinski
`
`Exhibit 2153 is the under seal, unredacted version of the Declaration of
`
`Steve Jagodzinski. Patent Owner has also filed a public, redacted version of this
`
`exhibit at Exhibit 2152. The under seal, redacted portions of Mr. Jagodzinski’s
`
`declaration summarize and discuss confidential, internal, proprietary data
`
`regarding GuideLiner revenue, units sold, and licensing strategy. This information
`
`fits squarely within the kinds of information that the Trial Practice guide considers
`
`to be “confidential information,” such as “confidential research, development, or
`
`commercial information.” 77 Fed. Reg. 48756, 48760.
`
`There is good cause for keeping the redacted information contained in
`
`Exhibit 2153 under seal. Publicly revealing the commercially sensitive
`
`information noted above would put Patent Owner at a competitive disadvantage in
`
`the marketplace.
`
`
`
`5
`
`
`
`E.
`
`Exhibit 2154: Confidential GuideLiner Revenue/Units Sold Data
`
`Exhibit 2154, filed under seal, is consists of internal, confidential,
`
`proprietary data showing GuideLiner revenue and units sold. This information fits
`
`squarely within the kinds of information that the Trial Practice guide considers to
`
`be “confidential information,” such as “confidential research, development, or
`
`commercial information.” 77 Fed. Reg. 48756, 48760.
`
`There is good cause for keeping Exhibit 2154 under seal. Publicly revealing
`
`the commercially sensitive information noted above would put Patent Owner at a
`
`competitive disadvantage in the marketplace.
`
`II. Certification of Conference
`
`Pursuant to 37 C.F.R. §§ 42.54(a), Patent Owner certifies that it has in good
`
`faith conferred with Petitioners’ counsel. Petitioners’ counsel does not oppose this
`
`motion to seal.
`
`Both Petitioners and Patent Owner agree to abide by the parties’ stipulated
`
`Protective Order pending a decision by the Board on the motion for entry thereof.
`
`III. Request for Conference Call with the Board
`
`Should the Board not be inclined to grant the present Unopposed Motion to
`
`File Under Seal, Patent Owner hereby requests a conference call with the Board to
`
`discuss any concerns prior to the Board issuing a decision on the Motion.
`
`
`
`6
`
`
`
`IV. Conclusion
`
`Patent Owner respectfully requests that the Board grant this Unopposed
`
`Motion to File Under Seal, and keep the following documents under seal: the
`
`under-seal, unredacted version of the Patent Owner Response, and Exhibits 2139,
`
`2140, 2141, 2153, 2154, 2197, 2198, 2201, and 2202.
`
`
`Dated: October 1, 2020.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/ J. Derek Vandenburgh /
`
`
`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
`
`Lead Counsel for Patent Owner
`
`
`7
`
`
`
`CERTIFICATION OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e) and the agreement of the parties, the
`
`
`
`undersigned certifies that on October 1, 2020, a true and correct copy of the
`
`foregoing PATENT OWNER’S UNOPPOSED MOTION TO FILE UNDER SEAL
`
`PURSUANT TO 37 C.F.R. §§ 42.14 AND 42.54 was served via electronic mail
`
`upon the following:
`
`Cyrus A. Morton (Reg. No. 44,954)
`Sharon Roberg-Perez (Reg. No. 69,600)
`Christopher A. Pinahs (Reg. No. 76,375)
`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
`
`
`
`
`
`
`
`
`
`
`
`/J. Derek Vandenburgh/
`
`
`J. Derek Vandenburgh (Lead Counsel)
`
`
`
`8
`
`
`
`
`
`
`
`
`
`
`
`
`