`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________
`
`
`MYLAN PHARMACEUTICALS INC.,
`MSN LABORATORIES PRIVATE LTD.,
`and MSN PHARMACEUTICALS INC.,
`
`Petitioner,
`
`v.
`
`BAUSCH HEALTH IRELAND LIMITED,
`
`Patent Owner.
`
`__________________
`
`Case IPR2022-007221
`U.S. Patent No. 7,041,786
`__________________
`
`PATENT OWNER’S REPLY TO PETITIONER’S OPPOSITION TO
`PATENT OWNER’S MOTION TO SEAL
`
`
`
`
`1 IPR2023-00016 has been joined with this proceeding.
`
`
`
`
`
`Case IPR2022-00722
`Patent No. 7,041,786
`
`Patent Owner disagrees with Petitioner’s assertions that Patent Owner seeks
`
`to seal materials that are not confidential. While certain information from Exhibits
`
`2027 and 2028 is summarized in documents available on the FDA’s website (Ex.
`
`1069) or in the file history of EP 02721604.3 (Ex. 1067), those documents do not
`
`contain any pages of Exhibits 2027 and 2028 or all of the underlying data disclosed
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`therein. See, e.g., Ex. 2027, 20-21; Ex. 2028, 14. Nevertheless, in an effort to
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`simplify the issues, Patent Owner is at this point in time willing to make Exhibits
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`2027 and 2028 public as well as the papers and exhibits that cite to Exhibits 2027
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`and 2028, i.e., Paper Nos. 27, 38, 49, 54, and 56 and Exhibits 1060, 1063, 1064,
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`2023, 2024, and 2025.
`
`
`
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`
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`
`
`
`
`
`
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`Respectfully submitted,
`
`Date: May 31, 2023
`
`
`
`By: /Justin J. Hasford/
`Justin J. Hasford, Reg. No. 62,180
`Lead Counsel
`Bryan C. Diner, Reg. No. 32,409
`Back-up Counsel
`Joshua L. Goldberg, Reg. No. 59,369
`Back-up Counsel
`Kassandra M. Officer Reg. No. 74,083
`Back-up Counsel
`Lauren J. Robinson Reg. No. 74,100
`Back-up Counsel
`Caitlin E. O’Connell, Reg. No. 73,934
`Back-up Counsel
`Kyu Yun Kim, Reg. No. 72,783
`Back-up Counsel
`
`FINNEGAN, HENDERSON, FARABOW,
` GARRETT & DUNNER, L.L.P.
`
`1
`
`
`
`
`
`Case IPR2022-00722
`Patent No. 7,041,786
`
`901 New York Ave. NW
`Washington, DC 20001-4413
`(202) 408-4000
`
`Counsel for the Patent Owner
`
`2
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`Case IPR2022-00722
`Patent No. 7,041,786
`
`The undersigned certifies that a copy of the foregoing Patent Owner’s Reply
`
`to Petitioner’s Opposition to Patent Owner’s Motion to Seal was served
`
`electronically via email on May 31, 2023, to counsel of record for the Petitioner at
`
`the following:
`
`Jad A. Mills
`Wilson Sonsini Goodrich & Rosati PC
`701 Fifth Avenue, Suite 5100
`Seattle, WA 98104-7036
`jmills@wsgr.com
`
`Richard Torczon
`Tasha M. Thomas
`Wilson Sonsini Goodrich & Rosati PC
`1700 K Street N.W., 5th Floor
`Washington, DC 20006
`rtorczon@wsgr.com
`tthomas@wsgr.com
`
`
`Dennis D. Gregory
`Wilson Sonsini Goodrich & Rosati PC
`900 South Capital of Texas Highway, Las Cimas IV, Fifth Floor
`Austin, TX 78746-5546
`dgregory@wsgr.com
`
`4863-5899-2145@mail.vault.netdocuments.com
`
`Andrew O. Larsen
`Merchant & Gould, P.C.
`500 Fifth Avenue, Suite 4100
`New York, NY 10110
`alarsen@merchantgould.com
`
`Melissa Hayworth
`Merchant & Gould, P.C.
`
`
`
`
`
`Case IPR2022-00722
`Patent No. 7,041,786
`
`
`1900 Duke, Street, Suite 600
`Alexandria, VA 22314
`mhayworth@merchantgould.com
`
`Christopher J. Sorenson
`Merchant & Gould, P.C.
`150 South Fifth Street, Suite 2200
`Minneapolis, MN 55402
`csorenson@merchantgould.com
`
`plecanatidemerchant@merchantgould.com
`
`
`
`
`
`
`
`
`Date: May 31, 2023
`
`
`By: /Geneva Eaddy/
`Geneva Eaddy
`Case Manager
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`
`
`
`
`
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