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`Filed: December 14, 2020
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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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`MYLAN INSTITUTIONAL LLC and PFIZER INC.,
`Petitioners,
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`v.
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`NOVO NORDISK A/S,
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`Patent Owner.
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`Case No. IPR2020-003241
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`U.S. Patent No. 8,114,833
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`PETITIONER’S MOTION TO SEAL
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`1
`IPR2020-01252 has been joined with this proceeding.
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`On September 18, 2020, Patent Owner filed its Patent Owner Response
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`(Paper No. 20) accompanied by a motion to seal (Paper No. 22), explaining that the
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`Patent Owner Response and certain Exhibits disclosed confidential information.
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`The motion to seal explained Patent Owner’s position as to why good cause exists
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`to seal certain Exhibits and portions of the Patent Owner Response. During
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`deposition of Patent Owner’s declarants, the deposition transcripts were marked as
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`confidential under the proposed protective order accompany Patent Owner’s
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`motion to seal. See Exs. 1077-1079.
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`Petitioner has filed concurrently with this motion filed sealed versions of
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`Exhibits 1077-1070 and 1106 and Petitioner’s Reply In Support Of Petition For
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`Inter Partes Review Of U.S. Patent No. 8,114,833 (“Reply”) as these Exhibits and
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`the Reply discuss material designated as “CONFIDENTIAL - PROTECTIVE
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`ORDER MATERIAL” by Patent Owner. Petitioner submits that good cause exists
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`for placing the Exhibits and corresponding portions of the Reply under seal
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`because Patent Owner has contended this information should be sealed according
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`to the reasons set forth in Paper No. 22. Petitioner takes no position as to the
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`whether the underlying information satisfies the Board’s requirements for filing
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`under seal, as it is Patent Owner that has asserted the confidentiality of these
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`exhibits.
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`-2-
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`For the above reasons, Petitioner requests that Exhibits 1077-1079 and 1106
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`and the Reply be placed and maintained under seal. Petitioner will file redacted
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`versions of these Exhibits and the Reply shortly hereafter after conferring with
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`Patent Owner. For the foregoing reasons, Petitioner respectfully requests that the
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`Board grant this motion to seal and for entry of a protective order.
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`Dated: December 14, 2020
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`/s/ Brandon M. White
`Brandon M. White
`Reg. No. 52,354
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`Counsel for Petitioner Mylan
`Institutional LLC
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`-3-
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`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. § 42.6(e), I certify that I caused to be served a true and
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`correct copy of the foregoing: Petitioner’s Motion to Seal by email to the
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`electronic service addresses for Patent Owner and Petitioner Pfizer Inc.:
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`Jeffrey Oelke
`Laura T. Moran
`Ryan P. Johnson
`FENWICK & WEST LLP
`joelke@fenwick.com
`laura.moran@fenwick.com
`ryan.johnson@fenwick.com
`Novo833IPR@fenwick.com
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`Counsel for Patent Owner
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`Jovial Wong
`Charles B. Klein
`Sharon Lin
`WINSTON & STRAWN
`PfizerIPRs@winston.com
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`Counsel for Petitioner Pfizer Inc.
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`Dated: December 14, 2020
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`/s/ Brandon M. White
`Brandon M. White
`Reg. No. 52,354
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`Counsel for Petitioner Mylan
`Institutional LLC
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`-4-
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