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