`
`Filed: March 5, 2021
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`MYLAN INSTITUTIONAL LLC and PFIZER INC.,
`Petitioners,
`
`v.
`
`NOVO NORDISK A/S,
`
`Patent Owner.
`
`Case No. IPR2020-003241
`
`U.S. Patent No. 8,114,833
`
`PETITIONERS’ MOTION TO SEAL
`
`
`
`
`
`1
`IPR2020-01252 has been joined with this proceeding.
`
`
`
`
`
`On September 18, 2020, Patent Owner filed its Patent Owner Response
`
`(Paper No. 20) accompanied by a motion to seal (Paper No. 22), explaining that the
`
`Patent Owner Response and certain Exhibits disclosed confidential information.
`
`The motion to seal explained Patent Owner’s position as to why good cause exists
`
`to seal certain Exhibits and portions of the Patent Owner Response.
`
`Petitioners have filed concurrently with this motion a sealed version of
`
`Petitioners’ Motion to Exclude Evidence (“Motion”) as this Motion discusses
`
`material designated as “CONFIDENTIAL - PROTECTIVE ORDER MATERIAL”
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`by Patent Owner. Petitioners submit that good cause exists for placing the Motion
`
`under seal because Patent Owner has contended this information should be sealed
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`according to the reasons set forth in Paper No. 22. Petitioners take no position as to
`
`the whether the underlying information satisfies the Board’s requirements for filing
`
`under seal, as it is Patent Owner that has asserted the confidentiality of these
`
`exhibits.
`
`For the above reasons, Petitioners request that the Motion be placed and
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`maintained under seal. Petitioners will file redacted versions of the Motion shortly
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`hereafter after conferring with Patent Owner. For the foregoing reasons, Petitioners
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`respectfully request that the Board grant this motion to seal and for entry of a
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`protective order.
`
`
`
`
`
`-2-
`
`
`
`
`
`
`
`Dated: March 5, 2021
`
`
`
`
`/s/ Lara J. Dueppen
`Lara J. Dueppen
`Reg. No. 65,002
`
`Counsel for Petitioner Mylan
`Institutional LLC
`
`-3-
`
`
`
`
`
`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. § 42.6(e), I certify that I caused to be served a true and
`
`correct copy of the foregoing: Petitioners’ Motion to Seal by email to the
`
`electronic service addresses for Patent Owner and Petitioner Pfizer Inc.:
`
`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
`
`Counsel for Patent Owner
`
`Thomas J. Meloro
`Michael W. Johnson
`WILLKIE FARR & GALLAGHER LLP
`tmeloro@willkie.com
`mjohnson1@willkie.com
`
`Counsel for Petitioner Pfizer Inc.
`
`Dated: March 5, 2021
`
`
`
`
`/s/ Lara J. Dueppen
`Lara J. Dueppen
`Reg. No. 52,354
`
`Counsel for Petitioner Mylan
`Institutional LLC
`
`-4-
`
`
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