UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`REGENERON PHARMACEUTICALS, INC.,
`Petitioner,
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`v.
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`NOVARTIS PHARMA AG,
`NOVARTIS TECHNOLOGY LLC,
`NOVARTIS PHARMACEUTICALS CORPORATION,
`Patent Owner.
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`Case No. IPR2021-00816
`U.S. Patent No. 9,220,631
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`
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`JOINT MOTION TO SEAL
`THE FINAL WRITTEN DECISION
`37 CFR §§ 42.14 AND 42.54
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`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`REGENERON PHARMACEUTICALS, INC.,
`Petitioner,
`
`v.
`
`NOVARTIS PHARMA AG,
`NOVARTIS TECHNOLOGY LLC,
`NOVARTIS PHARMACEUTICALS CORPORATION,
`Patent Owner.
`
`
`
`
`
`
`
`
`
`
`
`
`Case No. IPR2021-00816
`U.S. Patent No. 9,220,631
`
`
`
`
`JOINT MOTION TO SEAL
`THE FINAL WRITTEN DECISION
`37 CFR §§ 42.14 AND 42.54
`
`
`
`
`
`
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`I.
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`PRECISE RELIEF REQUESTED
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`Pursuant to 37 C.F.R. §§ 42.14 and 42.54, Petitioner Regeneron
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`Pharmaceuticals, Inc. (“Petitioner” or “Regeneron”) and Patent Owners Novartis
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`Pharma AG, Novartis Technology LLC, and Novartis Pharmaceuticals Corp.
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`(“Patent Owner” or “Novartis”) respectfully move to seal portions of Paper No.
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`113, the Board’s October 25, 2022 Final Written Decision (“Final Written
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`Decision” or “FWD”), and file a public redacted version of the Final Written
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`Decision. A proposed public version of the Final Written Decision with redactions
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`agreed-upon by the parties has been filed concurrently as Ex. 1257.
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`II.
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`REASONS FOR THE REQUESTED RELIEF AND STATEMENT OF
`FACTS
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`A.
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`Good Cause Exists for Sealing Confidential Information
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`The Board will seal documents for good cause. See 37 C.F.R. § 42.54(a); see
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`also Argentum Pharms. LLC v. Alcon Research, Ltd., Paper 27, 2 (2013). “The
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`rules aim to strike a balance between the public’s interest in maintaining a
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`complete and understandable file history and the parties’ interest in protecting truly
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`sensitive information.” Office Patent Trial Practice Guide, 77 Fed. Reg. 48756,
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`48760 (2012). The public’s interest in having access to confidential business
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`information that is only indirectly related to patentability is “minimal.” Garmin v.
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`1
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`
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`Cuozzo, IPR2012-00001, Paper 36, 8-9 (2013) (granting a motion to seal an
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`agreement relating to the “commercializ[ation]” of the patent-at-issue).
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`
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`The information that Petitioner and Patent Owner seek to seal is either
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`Regeneron’s confidential research and development information, Novartis’s
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`confidential research and development information, Novartis’s confidential
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`commercial and financial information, Novartis’s confidential product information,
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`or third party confidential information, as explained in more detail below. To the
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`undersigned’s knowledge, the information sought to be sealed has not been
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`published or otherwise made public. Public disclosure of Regeneron’s, Novartis’s
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`or third party confidential information would competitively harm Regeneron’s,
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`Novartis’s, and/or third parties’ business prospects and put these companies at a
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`competitive disadvantage relative to other similarly positioned companies in the
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`same industry. Therefore, good cause exists to seal portions of the Final Written
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`Decision.
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`B. Good Cause Exists for Sealing Regeneron’s Confidential
`Information
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`Portions of the Final Written Decision contain confidential information
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`
`
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`concerning the specifications of Regeneron’s product. See FWD at 58, 61, 115
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`(discussing confidential product specifications of EYLEA PFS). This confidential
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`and proprietary information of Regeneron, if publicly disclosed, would
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`substantially harm Regeneron’s competitive position in the pharmaceutical
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`2
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`
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`industry. For example, this information, if not sealed, would allow competitors to
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`use such information to improve its products. Therefore, good cause exists to seal
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`Regeneron’s confidential information described in the Final Written Decision and
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`file a public redacted version of the Final Written Decision.
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`C. Good Cause Exists for Sealing Novartis’s Confidential
`Information
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`Portions of the Final Written Decision contain Novartis’s confidential
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`
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`research and development information. See FWD at 40 (discussing Novartis’s
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`internal presentations relating to drug development); 42, 46, 52, 97-98 (discussing
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`Novartis’s confidential correspondences with third parties regarding product
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`development). The Final Written Decision also contains Novartis’s confidential
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`commercial and financial information. See FWD at 44, 89 (discusses confidential
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`sale and revenue figures for Novartis’s products); 53, 98-99 (discussing terms of
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`Novartis’s confidential commercial contract with third party); 85 (discussing
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`confidential results of marketing studies); 48, 83-84, 85-86 (referencing Novartis
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`employees’ confidential testimonies regarding Novartis’s marketing strategy and
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`results). Moreover, portions of the Final Written Decision contain Novartis’s
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`confidential information relating to product specifications and features. See FWD
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`at 48-50, 75-79, 81-83, 87, 90, 112 (discussing confidential specifications and
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`features of Lucentis PFS).
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`3
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`Such confidential and proprietary research, commercial, and product
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`specification information of Novartis, if publicly disclosed, would substantially
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`harm Novartis’s competitive position in the pharmaceutical industry. For example,
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`this information, if not sealed, would provide competitors with valuable
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`information regarding confidential research and development projects, as well as
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`sensitive financial and market information. Such information could also be used by
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`a competitor to improve its products. Therefore, good cause exists to seal
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`Novartis’s confidential information and file a public redacted version of the Final
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`Written Decision.
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`D. Good Cause Exists for Sealing Third Party Confidential
`Information
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`Portions of the Final Written Decision contain third party confidential
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`
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`information relating to product specifications. See FWD at 45, 56, 64, 72, 91, 92
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`(discussing third party Bausch’s confidential product specification information);
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`51, 92, 98 (discussing third party Becton Dickinson’s confidential product
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`information). The Final Written Decision also contains third party confidential
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`development and research information. See FWD at 45-46, 52, 72-73, 94-96
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`(discussing third party’s confidential product development process).
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`
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`Public disclosure of the proposed redacted information would harm these
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`third parties, because insights into third parties’ technical and development
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`information would provide a competitive advantage to such third parties’
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`4
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`competitors to their detriment. For example, such information could also be used
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`by a competitor to improve its products. Therefore, good cause exists to seal third
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`party confidential information and file a public redacted version of the Final
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`Written Decision.
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`III. CERTIFICATION OF NON-PUBLICATION
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`The undersigned counsel certify that, to the best of their knowledge, the
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`sealed portions of the Final Written Description have not been published or
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`otherwise made public.
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`IV. CONCLUSION
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`Petitioner and Patent Owner respectfully request that the Board grant their
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`joint motion to seal portions the Final Written Decision and publish the redacted
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`version of the Final Written Decision filed as Ex. 1257.
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`Dated: January 20, 2023
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`Respectfully submitted,
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`/Elizabeth J. Holland/
`Elizabeth J. Holland
`Reg. No. 47,657
`ALLEN & OVERY LLP
`1221 Avenue of the Americas
`New York, NY 10020
`Tel: (212) 610-6300
`elizabeth.holland@allenovery.com
`
`/Anish R. Desai/
`Anish R. Desai
`Reg. No. 73,760
`WEIL, GOTSHAL & MANGES LLP
`767 Fifth Avenue
`New York, NY 10153
`Tel: (212) 310-8730
`anish.desai@weil.com
`
`Counsel for Patent Owner
`
`Counsel for Petitioner
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`5
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`
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that on January 20, 2023, the foregoing JOINT
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`MOTION TO SEAL was served via electronic mail upon the following:
`
`Elizabeth J. Holland
`Allen & Overy LLP
`1221 Avenue of the Americas
`New York, NY 10020
`elizabeth.holland@allenovery.com
`
`Nicholas K. Mitrokostas
`Allen & Overy LLP
`1 Beacon Street
`Boston, MA 02108
`nicholas.mitrokostas@allenovery.com
`
`William G. James
`Allen & Overy LLP
`1101 New York Avenue, NW
`Washington, D.C. 20005
`william.james@allenovery.com
`
`/Daniela Toribio/
`Daniela Toribio
`IP Paralegal
`Weil, Gotshal & Manges LLP
`2001 M Street, NW, Suite 600
`Washington, D.C. 20036
`daniela.toribio@weil.com
`202-682-7000
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`6
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