`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MYLAN PHARMACEUTICALS INC., CELLTRION, INC., and
`APOTEX, INC.,
`Petitioners
`
`v.
`
`REGENERON PHARMACEUTICALS, INC.
`Patent Owner
`
`____________
`
`Case IPR2021-008811
`Patent 9,254,338 B2
`____________
`
`PATENT OWNER’S MOTION TO SEAL
`
`1 IPR2022-00258 and IPR2022-00298 have been joined with this proceeding.
`
`
`
`Pursuant to 35 U.S.C. § 316(a)(1) and 37 C.F.R. §§ 42.14 and 42.54, Patent
`
`Owner Regeneron Pharmaceuticals, Inc. moves to seal the cross-examination
`
`deposition transcript of Ivan T. Hofmann, Petitioner’s commercial success rebuttal
`
`witness (Ex. 2289).
`
`This exhibit was filed concurrently with Patent Owner’s Sur-Reply to
`
`Petitioner’s Reply. Petitioner does not oppose this Motion.
`
`I.
`
`EXHIBIT TO BE SEALED AND REASONS FOR SEALING
`The standard governing the Board’s determination of whether to grant a
`
`motion to seal is “good cause.” Garmin Int’l, Inc. v. Cuozzo Speed Techs LLC, Case
`
`IPR2012-00001, Paper 36 at 4 (April 5, 2013) (quoting 37 C.F.R. § 42.54). The
`
`Board aims to “strike a balance between the public’s interest in maintaining a
`
`complete and understandable file history and the parties’ interest in protecting truly
`
`sensitive information.” Id.
`
`Exhibit 2289 describes and includes Patent Owner and third-party’s
`
`confidential PROTECTIVE ORDER MATERIAL. See e.g. Ex. 2289 at 8:21-15:12
`
`(discussing profits and costs associated with Patent Owner’s activities in connection
`
`with Eylea®), 26:10-20 (discussing confidential market metrics compiled and
`
`provided by third party data provider, Vestrum Health), 222:15-248:5 (discussing
`
`confidential Ex. 2176 (Q4 2020 Performance Update Wet AMD, DME, MEfRVO
`
`2
`
`
`
`& DR w/out DME)), 252:15-259:18 (discussing confidential Ex. 2138 (Physician
`
`ATU: Wave 2)). The information is confidential business information that is not
`
`publicly available; it is competitively sensitive and its inclusion in the public docket
`
`would cause commercial harm to Patent Owner and/or Vestrum.
`
`The portions of Ex. 2289 that Patent Owner seeks to file under seal contain
`
`material that are either the confidential information of Vestrum, who has permitted
`
`its use in this proceeding subject to a protective order, or else consists of Patent
`
`Owner’s own confidential business information that would cause competitive harm
`
`to Patent Owner were it to be disclosed publicly. Thus, the identified material meets
`
`the “good cause” standard to be maintained under seal and available only to the
`
`parties and Board.
`
`Accordingly, Patent Owner moves to seal the foregoing exhibit, and there is
`
`good cause for it to be maintained under seal.
`
`II.
`
`PROTECTIVE ORDER
`Pursuant to 37 CFR §§ 42.54 and 42.55(a), Patent Owner filed a motion for
`
`entry of the Board’s default protective order. See Paper No. 34. Petitioner did not
`
`oppose Patent Owner’s motion.
`
`3
`
`
`
`III. CERTIFICATION
`Pursuant to 37 CFR § 42.54, Patent Owner certifies that it has conferred with
`
`Petitioner regarding this motion to seal. Petitioner does not object to the motion to
`
`seal.
`
`Dated: July 6, 2022
`
`Respectfully Submitted,
`/s/ Deborah E. Fishman
`Deborah E. Fishman (Reg. No. 48,621)
`3000 El Camino Real #500
`Palo Alto, CA 94304
`
`Counsel for Patent Owner,
`Regeneron Pharmaceuticals, Inc.
`
`4
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. §§ 42.6(e)(4)(i) et seq. and 42.105(b), the undersigned
`
`Certifies that on July 6, 2022, a true and entire copy of this PATENT OWNER’S
`
`MOTION TO SEAL was served via e-mail to the Petitioner at the following email
`
`addresses:
`
`MYL_REG_IPR@rmmslegal.com
`paul@ rmmslegal.com
`wrakoczy@ rmmslegal.com
`dmazzochi@rmmslegal.com
`hsalmen@ rmmslegal.com
`jmarx@rmmslegal.com
`ehunt@rmmslegal.com
`nmclaughlin@rmmslegal.com
`sbeall@rmmslegal.com
`tehrich@rmmslegal.com
`sbirkos@rmmslegal.com
`lgreen@wsgr.com
`ychu@wsgr.com
`rcerwinski@geminilaw.com
`azalcenstein@geminilaw.com
`bmorris@geminilaw.com
`TRea@Crowell.com
`DYellin@Crowell.com
`SLentz@Crowell.com
`
`/s/ Deborah E. Fishman
`Deborah E. Fishman (Reg. No. 48,621)
`3000 El Camino Real #500
`Palo Alto, CA 94304
`
`Counsel for Patent Owner,
`Regeneron Pharmaceuticals, Inc.
`5
`
`
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