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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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`MEDTRONIC, INC., AND MEDTRONIC VASCULAR, INC.,
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`Petitioner,
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`v.
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`TELEFLEX LIFE SCIENCES LIMITED,
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`Patent Owner.
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`PETITIONER’S UNOPPOSED MOTION TO FILE UNDER SEAL
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`Case IPR2020-01341
`U.S. Patent No. 8,142,413
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`Case IPR2020-01342
`U.S. Patent No. 8,142,413
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`Case IPR2020-01343
`U.S. Patent No. RE 46,116
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`Case IPR2020-01344
`U.S. Patent No. RE 46,116
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`Pursuant to 37 C.F.R. §§ 42.14 and 42.54, Petitioner files this Unopposed
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`Motion to File Under Seal, requesting that Petitioner’s and Patent Owner’s
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`Demonstrative Exhibits remain under seal. The under-seal version of Petitioner’s
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`Demonstrative Exhibits are being filed concurrently with this motion, and
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`Petitioner anticipates that Patent Owner will file an under-seal version of its
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`Demonstrative Exhibits in short order.
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`Petitioner conferred with Patent Owner, and Patent Owner does not oppose
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`this motion.
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`In conjunction with Patent Owner’s Responses, Petitioner and Patent Owner
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`agreed to and submitted a stipulated Joint Protective Order. See, e.g., IPR2020-
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`01341, Paper 28. Petitioner requests that the Board enter that stipulated Joint
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`Protective Order in the above-captioned cases to govern treatment of the
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`information and documents identified herein.
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`I.
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`Good Cause
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`For good cause, the Board may “issue an order to protect a party or person
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`from disclosing confidential information.” 37 C.F.R. § 42.54(a). “The rules
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`identify confidential information in a manner consistent with Federal Rule of Civil
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`Procedure 26(c)(1)(G), which provides for protective orders for trade secret or
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`other confidential research, development, or commercial information.” Patent Trial
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`and Appeal Board Consolidated Trial Practice Guide, at 19 (Nov. 2019 ed.).
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`1
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`The documents subject to this motion contain confidential information and,
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`thus, qualify for protection, and for the reasons explained below, there is good
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`cause to keep the document sealed.
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`A. Under-Seal Version of Petitioner’s and Patent Owner’s
`Demonstrative Exhibits
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`Petitioner filed an under-seal version of its Demonstrative Exhibits and a
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`public, redacted version of those demonstratives. Slide 174 discusses Petitioner’s
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`product development documents that have been previously marked as confidential
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`under the protective order governing the parallel district court litigation in the
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`United States District Court for the District of Minnesota. Moreover, slides 178
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`and 192 of Patent Owner’s Demonstrative Exhibits also discuss Petitioner’s
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`confidential product development documents, and are likewise being filed under
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`seal. This information qualifies as “confidential information” under the Trial
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`Practice Guide.
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`Because Petitioner has designated this information as confidential under the
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`district court protective order, there is good cause to keep the redacted information
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`under seal. Publicly revealing designated information could put Petitioner at a
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`competitive disadvantage in the marketplace.
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`II. Certificate of Conference
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`Pursuant to 37 C.F.R. §§ 42.54(a), Petitioner certifies that it, in good faith,
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`conferred with Patent Owner. Patent Owner does not oppose this motion. Both
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`Petitioner and Patent Owner agree to abide by the parties’ stipulated Protective
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`Order regarding their Demonstrative Exhibits.
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`III. Request for Conference Call with the Board
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`Should the Board not be inclined to grant this Unopposed Motion to File
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`Under Seal, Petitioner requests a conference call with the Board to discuss any
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`concerns prior to the Board issuing a decision on the motion.
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`IV. Conclusion
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`Petitioner respectfully requests that the Board grant this Unopposed Motion
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`to File Under Seal and keep Petitioner’s and Patent Owner’s Demonstrative
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`Exhibits under seal.
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`Dated: November 16, 2021
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`Respectfully submitted,
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`/Cyrus A. Morton/
`Cyrus A. Morton
`Reg. No. 44,954
`Robins Kaplan LLP
`2800 LaSalle Plaza
`800 LaSalle Avenue
`Minneapolis, MN 55402
`Attorney for Petitioner
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`3
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e)(4), the undersigned certifies that on November
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`16, 2021, a copy of PETITIONER’S UNOPPOSED MOTION TO FILE UNDER
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`SEAL was served by electronic mail on Patent Owner’s counsel at the following
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`addresses indicated in Patent Owner’s Mandatory Notices:
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`J. Derek Vandenburgh, Reg. No. 32,179
`dvandenburgh@carlsoncaspers.com
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`Dennis C. Bremer, Reg. No. 40,528
`dbremer@carlsoncaspers.com
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`Joseph W. Winkels
`jwinkels@carlsoncaspers.com
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`Peter M. Kohlhepp
`pkohlhepp@carlsoncaspers.com
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`Alexander S. Rinn
`arinn@carlsoncaspers.com
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`Megan E. Christner, Reg. No. 78,979
`mchristner@carlsoncaspers.com
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`Shelleaha L. Jonas
`sjonas@carlsoncaspers.com
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`Tara C. Norgard
`tnorgard@carlsoncaspers.com
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`/Cyrus A. Morton/
`Cyrus A. Morton
`Registration No. 44,954
`Attorney for Petitioner
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`4
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`Dated: November 16, 2021
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`Respectfully submitted,
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