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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.
`Petitioner,
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`v.
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`TELEFLEX INNOVATIONS S.A.R.L.
`Patent Owner.
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`Case IPR2020-01344
`Patent RE46,116
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`PATENT OWNER’S UNOPPOSED MOTION FOR CONTINUED
`SEALING PURSUANT TO 37 C.F.R. §§ 42.14 AND 42.54
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`Pursuant to 37 C.F.R. §§ 42.14 and 42.54, Patent Owner respectfully
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`submits this Patent Owner’s Unopposed Motion for Continued Sealing, requesting
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`that the following information remain under seal: portions of Petitioner’s Reply
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`and Exhibits 1806, 1819, 1821, 1822, 1830, and 1851. The under-seal versions of
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`Petitioner’s Reply and Exhibits 1806, 1819, 1821, 1822, 1830, and 1851 were filed
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`on August 6, 2021.
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`Patent Owner has conferred with the Petitioner, and the Petitioner does not
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`oppose this motion to seal.
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`In conjunction with the Patent Owner’s Preliminary Responses, Patent
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`Owner and Petitioner agreed to and submitted a stipulated Joint Protective Order.
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`Patent Owner respectfully requests that the Board enter that stipulated Joint
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`Protective order in the above-captioned case to govern treatment of the documents
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`and information 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. The rules “identify
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`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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`2
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`other confidential research, development, or commercial information.” Office
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`Patent Trial Practice Guide, 77 Fed. Reg. 48756, 48760 (Aug. 14, 2012).
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`Each of the sets of information below meets this standard, and for the
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`reasons explained there is good cause for why those documents should remain
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`under seal.
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`A. Under-Seal Version of Petitioner’s Reply
`Petitioner has filed under-seal its Petitioner’s Reply, as well as a public,
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`redacted version of this Paper. The redacted portions on pages 4, 9, 26, and 30 of
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`Petitioner’s Reply contain confidential Patent Owner information related to the
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`development of Patent Owner’s GuideLiner products. Patent Owner has
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`designated this information as confidential under the protective order in the parallel
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`district court case Vascular Solutions, LLC, et al v. Medtronic, Inc. et al., 0:19-cv-
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`01760 PJS-TNL (D. Minn.).
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`All of this information fits squarely within the kinds of information that the
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`Trial Practice guide considers to be “confidential information,” such as
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`“confidential research, development, or commercial information.” 77 Fed. Reg.
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`48756, 48760.
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`There is good cause for keeping the redacted information contained in
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`Petitioner’s Reply under seal. Publicly revealing the sensitive, competitive
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`3
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`information could put the parties at a disadvantage in the marketplace.
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`Additionally, Petitioner does not oppose this information remaining under seal.
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`Exhibits 1821, 1822, and 1851: Development-Related Documents
`B.
`Exhibits 1821, 1822, and 1851, filed under seal, are development documents
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`related to the development of Patent Owner’s GuideLiner products. These
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`development documents include the October 30, 2019 deposition of Amy Welch in
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`the parallel district court litigation, the transcript from the June 15, 2018 deposition
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`of Howard Root in QXMedical, LLC v. Vascular Solutions, LLC, et al, and R&D
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`ideas. These documents were produced and/or designated confidential under the
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`protective order by Patent Owner in the parallel district court litigation in the
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`United States District Court for the District of Minnesota. All of this information
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`fits squarely within the kinds of information that the Trial Practice guide considers
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`to be “confidential information,” such as “confidential research, development, or
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`commercial information.” 77 Fed. Reg. 48756, 48760.
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`There is good cause for keeping Exhibits 1821, 1822, and 1851 under seal.
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`Publicly revealing the development information related to the GuideLiner products
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`described above could put Patent Owner at a competitive disadvantage in the
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`marketplace. Additionally, Petitioner does not oppose this information remaining
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`under seal.
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`4
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`C. Exhibits 1806 and 1830
`Petitioner has filed under-seal Exhibits 1806 and 1830; as well as public,
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`redacted versions of these Exhibits. The redacted portions on pages 17 and 62 of
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`the Supplemental Declaration of Dr. Brecker (Ex-1806) and pages 14 and 18 of the
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`Declaration of Paul Zalesky Regarding Copying (Ex-1830) contain confidential
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`Patent Owner information related to the development of Patent Owner’s
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`GuideLiner products. Patent Owner has designated this information as confidential
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`under the protective order in the parallel district court case Vascular Solutions,
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`LLC, et al v. Medtronic, Inc. et al., 0:19-cv-01760 PJS-TNL (D. Minn.).
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`All of this information fits squarely within the kinds of information that the
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`Trial Practice guide considers to be “confidential information,” such as
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`“confidential research, development, or commercial information.” 77 Fed. Reg.
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`48756, 48760.
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`There is good cause for keeping the redacted information contained in the
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`Exhibits 1806 and 1830 under seal. Publicly revealing the sensitive, competitive
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`information could put the parties at a disadvantage in the marketplace.
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`Additionally, Petitioner does not oppose this information remaining under seal.
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`5
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`D. Exhibit 1819
`Exhibit 1819 is the Rebuttal Expert Report of Peter T. Keith on Validity in
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`QXMedical. LLC v. Vascular Solutions LLC, 17-cv-01969 (PJS/TNL). This
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`document was produced and/or designated confidential under the protective order
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`by Patent Owner in the parallel district court litigation in the United States District
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`Court for the District of Minnesota and in QXMédical, LLC, v. Vascular Soln’s
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`LLC, et al., No. 0:17-cv-01969 (D. Minn.), and as a result the parties are obligated
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`to maintain the information under seal in the current proceedings.
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`There is good cause for keeping Exhibit 1819 under seal. Additionally,
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`Petitioner does not oppose this information remaining under seal.
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`II. Certification of Conference
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`Pursuant to 37 C.F.R. §§ 42.54(a), Patent Owner certifies that it has in good
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`faith conferred with Petitioner’s counsel. Petitioner’s counsel does not oppose this
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`motion to seal.
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`Both Petitioner and Patent Owner agree to abide by the parties’ stipulated
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`Protective Order pending a decision by the Board on the motion for entry thereof.
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`III. Request for Conference Call with the Board
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`Should the Board not be inclined to grant the present Unopposed Motion for
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`Continued Sealing, Patent Owner hereby requests a conference call with the Board
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`to discuss any concerns prior to the Board issuing a decision on the Motion.
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`6
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`IV. Conclusion
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`Patent Owner respectfully requests that the Board grant this Unopposed
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`Motion for Continued Sealing, and keep the following documents under seal: the
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`under-seal, unredacted versions of the Petitioner’s Reply and Exhibits 1806, 1819,
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`1821, 1822, 1830, and 1851.
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`Dated: September 24, 2021.
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`Respectfully submitted,
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`/ J. Derek Vandenburgh /
`J. Derek Vandenburgh (Lead Counsel)
`Registration No. 32,179
`Carlson, Caspers, Vandenburgh
` & Lindquist, P.A.
`225 South Sixth Street, Suite 4200
`Minneapolis, MN 55402
`Telephone: (612) 436-9600
`Facsimile: (612) 436-9650
`Email:
`DVandenburgh@carlsoncaspers.com
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`Lead Counsel for Patent Owner
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`7
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`CERTIFICATION OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e) and the agreement of the parties, the
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`undersigned certifies that on September 24, 2021, a true and correct copy of the
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`foregoing PATENT OWNER’S UNOPPOSED MOTION FOR CONTINUED
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`SEALING PURSUANT TO 37 C.F.R. §§ 42.14 AND 42.54 was served via
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`electronic mail upon the following:
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`Cyrus A. Morton (Reg. No. 44,954)
`Sharon Roberg-Perez (Reg. No. 69,600)
`Christopher A. Pinahs (Reg. No. 76,375)
`Robins Kaplan LLP
`800 LaSalle Avenue, Suite 2800
`Minneapolis, MN 55401
`Phone: 349-8500
`Fax: 612-339-4181
`Email: Cmorton@robinskaplan.com
`Email: Sroberg-perez@robinskaplan.com
`Email: Cpinahs@robinskaplan.com
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`/J. Derek Vandenburgh/
`J. Derek Vandenburgh (Lead Counsel)
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`8
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