`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`MEDTRONIC, INC., AND MEDTRONIC VASCULAR, INC.,
`
`Petitioner,
`
`v.
`
`TELEFLEX LIFE SCIENCES LIMITED,
`
`Patent Owner.
`
`
`
`
`PETITIONER’S UNOPPOSED MOTION TO FILE UNDER SEAL
`
`
`
`
`
`
`
`
`
`
`Case IPR2020-01341
`U.S. Patent No. 8,142,413
`
`Case IPR2020-01342
`U.S. Patent No. 8,142,413
`
`Case IPR2020-01343
`U.S. Patent No. RE 46,116
`
`Case IPR2020-01344
`U.S. Patent No. RE 46,116
`
`
`
`
`
`
`
`Pursuant to 37 C.F.R. §§ 42.14 and 42.54, Petitioner files this Unopposed
`
`Motion to File Under Seal, requesting that Petitioner’s and Patent Owner’s
`
`Demonstrative Exhibits remain under seal. The under-seal version of Petitioner’s
`
`Demonstrative Exhibits are being filed concurrently with this motion, and
`
`Petitioner anticipates that Patent Owner will file an under-seal version of its
`
`Demonstrative Exhibits in short order.
`
`Petitioner conferred with Patent Owner, and Patent Owner does not oppose
`
`this motion.
`
`In conjunction with Patent Owner’s Responses, Petitioner and Patent Owner
`
`agreed to and submitted a stipulated Joint Protective Order. See, e.g., IPR2020-
`
`01341, Paper 28. Petitioner requests that the Board enter that stipulated Joint
`
`Protective Order in the above-captioned cases to govern treatment of the
`
`information and documents identified herein.
`
`I.
`
`Good Cause
`
`For good cause, the Board may “issue an order to protect a party or person
`
`from disclosing confidential information.” 37 C.F.R. § 42.54(a). “The rules
`
`identify confidential information in a manner consistent with Federal Rule of Civil
`
`Procedure 26(c)(1)(G), which provides for protective orders for trade secret or
`
`other confidential research, development, or commercial information.” Patent Trial
`
`and Appeal Board Consolidated Trial Practice Guide, at 19 (Nov. 2019 ed.).
`
`1
`
`
`
`The documents subject to this motion contain confidential information and,
`
`thus, qualify for protection, and for the reasons explained below, there is good
`
`cause to keep the document sealed.
`
`A. Under-Seal Version of Petitioner’s and Patent Owner’s
`Demonstrative Exhibits
`
`
`Petitioner filed an under-seal version of its Demonstrative Exhibits and a
`
`public, redacted version of those demonstratives. Slide 174 discusses Petitioner’s
`
`product development documents that have been previously marked as confidential
`
`under the protective order governing the parallel district court litigation in the
`
`United States District Court for the District of Minnesota. Moreover, slides 178
`
`and 192 of Patent Owner’s Demonstrative Exhibits also discuss Petitioner’s
`
`confidential product development documents, and are likewise being filed under
`
`seal. This information qualifies as “confidential information” under the Trial
`
`Practice Guide.
`
`Because Petitioner has designated this information as confidential under the
`
`district court protective order, there is good cause to keep the redacted information
`
`under seal. Publicly revealing designated information could put Petitioner at a
`
`competitive disadvantage in the marketplace.
`
`II. Certificate of Conference
`
`Pursuant to 37 C.F.R. §§ 42.54(a), Petitioner certifies that it, in good faith,
`
`conferred with Patent Owner. Patent Owner does not oppose this motion. Both
`
`2
`
`
`
`Petitioner and Patent Owner agree to abide by the parties’ stipulated Protective
`
`Order regarding their Demonstrative Exhibits.
`
`III. Request for Conference Call with the Board
`
`Should the Board not be inclined to grant this Unopposed Motion to File
`
`Under Seal, Petitioner requests a conference call with the Board to discuss any
`
`concerns prior to the Board issuing a decision on the motion.
`
`IV. Conclusion
`
`Petitioner respectfully requests that the Board grant this Unopposed Motion
`
`to File Under Seal and keep Petitioner’s and Patent Owner’s Demonstrative
`
`Exhibits under seal.
`
`
`
`Dated: November 16, 2021
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/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
`
`3
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e)(4), the undersigned certifies that on November
`
`16, 2021, a copy of PETITIONER’S UNOPPOSED MOTION TO FILE UNDER
`
`SEAL was served by electronic mail on Patent Owner’s counsel at the following
`
`addresses indicated in Patent Owner’s Mandatory Notices:
`
`J. Derek Vandenburgh, Reg. No. 32,179
`dvandenburgh@carlsoncaspers.com
`
`Dennis C. Bremer, Reg. No. 40,528
`dbremer@carlsoncaspers.com
`
`Joseph W. Winkels
`jwinkels@carlsoncaspers.com
`
`Peter M. Kohlhepp
`pkohlhepp@carlsoncaspers.com
`
`Alexander S. Rinn
`arinn@carlsoncaspers.com
`
`Megan E. Christner, Reg. No. 78,979
`mchristner@carlsoncaspers.com
`
`Shelleaha L. Jonas
`sjonas@carlsoncaspers.com
`
`Tara C. Norgard
`tnorgard@carlsoncaspers.com
`
`
`
`
`/Cyrus A. Morton/
`Cyrus A. Morton
`Registration No. 44,954
`Attorney for Petitioner
`
`
`
`4
`
`Dated: November 16, 2021
`
`
`Respectfully submitted,
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
