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`IPR2020-00324
`Patent 8,114,833
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________
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`MYLAN INSTITUTIONAL LLC and PFIZER INC.,
`Petitioners,
`
`v.
`
`NOVO NORDISK A/S,
`Patent Owner.
`______________
`
`Case IPR2020-003241
`Patent 8,114,833
`______________
`
`
`PATENT OWNER’S MOTION TO SEAL
`
`
`
`1 IPR2020-01252 has been joined with this proceeding.
`
`
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`
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`IPR2020-00324
`Patent 8,114,833
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`Patent Owner Novo Nordisk A/S (“Novo Nordisk”) hereby moves to seal its
`
`Patent Owner Sur-Reply (the “Sur-Reply”) and the January 21, 2021 deposition
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`transcript of Dr. Laird Forrest (Exhibit 2096) submitted with the Sur-Reply as
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`described herein.
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`On September 18, 2020, Novo Nordisk filed a motion to seal (Paper No. 22),
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`explaining that the Patent Owner Response and certain Exhibits disclosed Novo
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`Nordisk’s confidential information. The motion to seal explained Novo Nordisk’s
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`position as to why good cause exists to seal certain Exhibits and portions of the
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`Patent Owner Response. The motion to seal was further accompanied by a proposed
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`Protective Order (Paper No. 22).
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`The Sur-Reply and Exhibit 2096 have been marked as confidential under the
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`proposed Protective Order (Paper No. 22), and Novo Nordisk has filed concurrently
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`with this motion sealed versions of each, as they discuss material designated as
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`“CONFIDENTIAL – PROTECTIVE ORDER MATERIAL” by Novo Nordisk.
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`Novo Nordisk has also, concurrently with this Motion, filed redacted, non-
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`confidential versions of both Exhibit 2096 and the Sur-Reply, which Novo Nordisk
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`consents may be made available on the public docket. Novo Nordisk is serving
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`Petitioners Mylan Institutional LLC (“Mylan”) and Pfizer Inc., concurrently with
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`this Motion, copies of all Papers and Exhibits being filed today, including those
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`
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`under seal, as well as redacted, non-confidential versions of the Sur-Reply and
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`
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`IPR2020-00324
`Patent 8,114,833
`
`Exhibit 2096.
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`Novo Nordisk submits that good cause exists for placing portions of Exhibit
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`2096 and the Sur-Reply under seal for all of the reasons set forth by Novo Nordisk
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`in Paper No. 22, including that both Exhibit 2096 and the Sur-Reply contain
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`confidential, non-public research and development information in the form of
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`proprietary clinical and scientific data. See Paper No. 22 at 2-3.
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`Novo Nordisk and Mylan have discussed this Motion, and Mylan does not
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`oppose this Motion.
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`For the foregoing reasons, Novo Nordisk respectfully requests that the Board
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`grant this motion to seal Exhibit 2096 and the Sur-Reply.
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`-2-
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`Dated: January 29, 2021
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`
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`
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`IPR2020-00324
`Patent 8,114,833
`
`Respectfully submitted,
`
`/Jeffrey J. Oelke/ (Electronically signed)
`Jeffrey J. Oelke, Reg. No. 37,409
`Lead Counsel
`
`Ryan P. Johnson
`Laura T. Moran
`Back-Up Counsel
`
`Fenwick & West LLP
`902 Broadway, Suite 14
`New York, NY 10010
`(212) 430-2600
`joelke@fenwick.com
`ryan.johnson@fenwick.com
`laura.moran@fenwick.com
`
`Counsel for Patent Owner Novo Nordisk A/S
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`-3-
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`IPR2020-00324
`Patent 8,114,833
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), I hereby certify that on January 29, 2021, the
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`foregoing document is being served by filing this document through the Patent Trial
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`and Appeal Board End to End System, as well as by delivering a copy via electronic
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`mail upon the following counsel of record for the Petitioner:
`
`Brandon M. White (Reg. No. 52,354)
`Perkins Coie LLP
`700 Thirteenth Street, N.W., Suite 600
`Washington, D.C. 20005
`Telephone: (202) 654-6206
`BMWhite@perkinscoie.com
`White-ptab@perkinscoie.com
`
`
`
`Lara Dueppen (Reg. No. 65,002)
`Perkins Coie LLP
`1888 Century Park East
`Suite 1700
`Los Angeles, CA 90067
`Telephone: (310) 788-3349
`LDueppen@perkinscoie.com
`Dueppen-ptab@perkinscoie.com
`Liraglutide@perkinscoie.com
`
`Jovial Wong (Reg. No. 60,115)
`Sharon Lin
`Winston & Strawn LLP
`1901 L St. NW
`Washington, DC 20036
`Telephone: (202) 282-5000
`Fax: (202) 282-5100
`jwong@winston.com
`slin@winston.com
`
`
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`-4-
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`
`
`IPR2020-00324
`Patent 8,114,833
`
`Thomas J. Meloro (Reg. No. 33,538)
`Michael W. Johnson (Reg. No. 63,731)
`Wilke Farr & Gallagher LLP
`787 Seventh Avenue
`New York, NY 10019
`Telephone: (212) 728-8428
`Fax: (212) 728-8111
`tmeloro@wilke.com
`mjohnson1@wilke.com
`
`Date: January 29, 2021
`
`
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`
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`Respectfully submitted,
`
`
`
`/Jeffrey J. Oelke/ (Electronically signed)
`Jeffrey J. Oelke, Reg. No. 37,409
`Lead Counsel
`
`-5-
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`
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