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`IPR2020-00324
`Patent 8,114,833
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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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`PFIZER INC.,1
`Petitioner,
`
`v.
`
`NOVO NORDISK A/S,
`Patent Owner.
`______________
`
`Case IPR2020-003242
`Patent 8,114,833
`______________
`
`
`PATENT OWNER’S UNOPPOSED RENEWED MOTION TO SEAL
`EXHIBITS 2023, 1078, AND 1079
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`1 The proceeding has been terminated as to the original petitioner, Mylan
`Institutional LLC. Paper 67.
`2 IPR2020-01252 has been joined with this proceeding. Paper 33.
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`I.
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`IPR2020-00324
`Patent 8,114,833
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`INTRODUCTION
`On June 8, 2021, the Board denied without prejudice Patent Owner Novo
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`Nordisk A/S (“Novo Nordisk”)’s motion to seal Exhibit 2023, which was originally
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`filed as Paper 22 on September 18, 2020. See Paper 72. On June 8, 2021, the Board
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`also denied without prejudice Petitioner Mylan Institutional LLC (“Mylan”)’s
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`motion to seal Exhibits 1078 and 1079, which was originally filed as Paper 34 on
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`December 14, 2020. See Paper 74.
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` The Board explained that Novo Nordisk had not demonstrated that the
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`Declaration of Dorthe Kot Engelund (Exhibit 2023) should be sealed in its entirety.
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`Paper 72 at 4. The Board noted, for example, that paragraphs 1-9 of the declaration
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`did not contain information that may be considered confidential. Id. The Board
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`exercised its discretion to maintain Exhibit 2023 under a provisional seal to allow
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`Novo Nordisk the opportunity to file this renewed motion to seal Exhibit 2023, along
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`with a redacted, public version of the exhibit. Id.
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`Similarly, the Board explained that Petitioner had not filed redacted versions
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`of the deposition transcripts of Novo Nordisk’s declarants, Dorthe Kot Engelund and
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`Tina B. Pedersen (Exhibits 1078 and 1079). Paper 74 at 4. The Board further noted
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`that Petitioner had not asserted that those Exhibits should be sealed in their entirety,
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`nor had either party shown good cause for doing so. Id. The Board exercised its
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`discretion to maintain Exhibits 1078 and 1079 under a provisional seal to allow the
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`IPR2020-00324
`Patent 8,114,833
`opportunity to file a renewed motion to seal, along with a redacted, public versions
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`
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`of the Exhibits. Id. at 5.
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`Pursuant to the Board’s June 8, 2021 decisions on the parties’ motions to seal
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`(Papers 72 and 74), Novo Nordisk respectfully renews its motion to seal portions of
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`Exhibit 2023, and Petitioner’s motion to seal portions of Exhibits 1078 and 10793.
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`Petitioner does not oppose this renewed motion to seal.
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`II. RENEWED MOTION TO SEAL
` Novo Nordisk’s motion to seal explained that certain Exhibits and the Patent
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`Owner Response disclosed Novo Nordisk’s confidential information and provided
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`Novo Nordisk’s position as to why good cause exists to seal those Exhibits and
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`portions of the Patent Owner Response. See Paper 22. The motion to seal was
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`further accompanied by a proposed Protective Order. Id.
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`3 Novo Nordisk is renewing Petitioner Mylan’s original motion to seal because this
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`proceeding has been terminated as to Petitioner Mylan (Paper 67), and because
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`Petitioner Pfizer and Novo Nordisk have settled their dispute (April 16, 2021 email
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`from J. Oelke to the Board seeking leave to file a joint motion to terminate).
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`Moreover, it is Novo Nordisk who asserts that Exhibits 1078 and 1079 contain
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`confidential information.
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`-2-
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`IPR2020-00324
`Patent 8,114,833
`On June 8, 2021, the Board granted Patent Owner’s Motion for Entry of the
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`
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`Default Protective Order, ordering that it shall govern the treatment and filing of
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`confidential information in this proceeding. Paper 72. The Board found good cause
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`existed to seal certain exhibits in their entirety and portions of certain papers, based
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`on Novo Nordisk’s representations that the documents contained confidential, non-
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`public research and development information in the form of proprietary clinical and
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`scientific data. See Paper 72 at 3-4.
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`Exhibits 2023, 1078, and 1079 have previously been marked as confidential
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`under the Protective Order entered in this proceeding (Paper 22) and have previously
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`been filed under seal, as they discuss material designated as “CONFIDENTIAL –
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`PROTECTIVE ORDER MATERIAL” by Novo Nordisk.
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`Novo Nordisk submits that good cause exists to maintain portions of Exhibits
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`2023, 1078, and 1079 under seal for all of the reasons set forth by Novo Nordisk in
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`Paper 22, including that Exhibits 2023, 1078, and 1079 contain confidential, non-
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`public research and development information in the form of proprietary clinical and
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`scientific data. See Paper 22 at 2-3. Accordingly, Novo Nordisk has prepared
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`versions of the Exhibits that redact only those portions of the Exhibits containing
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`confidential information. Novo Nordisk has, concurrently with this renewed motion,
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`filed these redacted, non-confidential versions of Exhibits 2023, 1078, and 1079, as
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`Exhibits 2099, 2100, and 2101, respectively.
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`-3-
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`IPR2020-00324
`Patent 8,114,833
`Novo Nordisk respectfully requests that the confidential versions of Exhibits
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`2023, 1078, and 1079 remain under seal, and consents that the redacted versions,
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`filed as Exhibits 2099, 2100, and 2101, may be made available on the public docket.
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`Novo Nordisk is serving Petitioner Pfizer, concurrently with this renewed
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`motion, a copy of this renewed motion and the redacted, non-confidential versions
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`of Exhibits 2023, 1078, and 1079, which have been filed as Exhibits 2099, 2100,
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`and 2101, respectively. Novo Nordisk and Pfizer have discussed this renewed
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`motion, and Pfizer does not oppose it, nor does Pfizer take a position on the
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`confidentiality of the information that Novo Nordisk seeks to maintain under seal.
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`III. CONCLUSION
`Because good cause exists to seal portions of Exhibits 2023, 1078, and 1079,
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`Novo Nordisk respectfully requests that the Board grant this renewed motion. To
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`the extent the Board has any concerns regarding the redactions that have been
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`entered to the public, non-confidential versions of the Exhibits, Novo Nordisk
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`respectfully requests the opportunity to address those concerns.
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`-4-
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`Dated: June 11, 2021
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`IPR2020-00324
`Patent 8,114,833
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`Respectfully submitted,
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`/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
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`Counsel for Patent Owner Novo Nordisk A/S
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`-5-
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`IPR2020-00324
`Patent 8,114,833
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), I hereby certify that on June 11, 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:
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`Thomas J. Meloro (Reg. No. 33,538)
`Michael W. Johnson (Reg. No. 63,731)
`Willkie Farr & Gallagher LLP
`787 Seventh Avenue
`New York, NY 10019
`Telephone: (212) 728-8428
`Fax: (212) 728-8111
`tmeloro@willkie.com
`mjohnson1@willkie.com
`amoore@willkie.com
`mao-ny@willkie.com
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`
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`Date: June 11, 2021
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`Respectfully submitted,
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`/Jeffrey J. Oelke/ (Electronically signed)
`Jeffrey J. Oelke, Reg. No. 37,409
`Lead Counsel
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`-6-
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