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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 TO FILE UNDER SEAL
`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 to File Under Seal, requesting that
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`slides 183 and 184 of Patent Owner’s Demonstratives remain under seal. The
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`under-seal version of Patent Owner’s Demonstratives are being filed concurrently
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`with this motion.
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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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`See, e.g., IPR2020-01341, Paper 28. Patent Owner respectfully requests that the
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`Board enter that stipulated Joint Protective Order in the above captioned case to
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`govern treatment of the 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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`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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`2
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`The information that is the subject of this motion meets this standard, and
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`for the reasons explained below there is good cause for why the identified
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`information should remain under seal.
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`A. Under-Seal Version of Patent Owner’s Demonstratives
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`Patent Owner has filed under-seal its Patent Owner Demonstratives, as well
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`as a public, redacted versions of those demonstratives. The redacted portions on
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`slides 183 and 184 contain confidential Patent Owner sales data regarding
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`GuideLiner revenue and units sold.
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`This information fits squarely within the kinds of information that the Trial
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`Practice guide considers to be “confidential information,” such as “confidential
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`research, development, or commercial information.” 77 Fed. Reg. 48756, 48760.
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`There is good cause for keeping the redacted information contained in Patent
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`Owner’s Demonstratives under seal. Publicly revealing the sensitive, competitive
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`information could put Patent Owner at a competitive disadvantage in the
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`marketplace.
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`3
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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 Petitioners’ 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 to
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`File Under Seal, Patent Owner hereby requests a conference call with the Board to
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`discuss any concerns prior to the Board issuing a decision on the Motion.
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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 to File Under Seal, and keep slides 183 and 184 of Patent Owner’s
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`Demonstratives under seal.
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`4
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`Dated: November 16, 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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`5
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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 November 16, 2021, a true and correct copy of the
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`foregoing PATENT OWNER’S UNOPPOSED MOTION TO FILE UNDER SEAL
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`PURSUANT TO 37 C.F.R. §§ 42.14 AND 42.54 was served via electronic mail
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`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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`6
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