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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`TWI PHARMACEUTICALS INC.,
`Petitioner,
`v.
`MERCK SERONO SA,
`Patent Owner.
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`IPR2023-00049 (Patent 7,713,947 B2)
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`Before ULRIKE W. JENKS, ZHENYU YANG and TINA HULSE,
`Administrative Patent Judges.
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`PETITIONER’S NOTICE OF FILING UNDER SEAL
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`Petitioner TWi Pharmaceuticals Inc. (“Petitioner”) hereby respectfully
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`submits this Notice of Filing Under Seal Exhibits 1043, 1044, and 1045 to
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`Petitioner’s Motion for Additional Discovery (Paper 52) and portions of the Motion
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`which reference these exhibits.
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`These Exhibits are transcripts of the depositions of Patent Owner’s witnesses,
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`which Patent Owner has designated as confidential and requested be filed under seal.
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`Pursuant to 37 C.F.R. § 42.14, “[a] party intending a document or thing to be
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`sealed shall file a motion to seal concurrent with the filing of the document or thing
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`to be sealed.” In this instance, it is Patent Owner who contends the exhibits at issue
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`should be maintained under seal. Accordingly, to comply with its obligations under
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`the Default Protective Order, and in an abundance of caution, Petitioner is filing
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`these materials under seal.
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`While Petitioner does not believe the exhibits are in fact confidential,
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`Petitioner understands it is Patent Owner’s burden as the party that designated the
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`material as confidential to set forth the reasons why the material is confidential and
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`should not be made available to the public. Appendix B to Patent Trial and Appeal
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`Board Consolidated Trial Practice Guide (Nov. 2019) at § (d)(5)(A)(i).
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`Petitioner will take a position regarding the sealing of the affected documents
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`following the submission of Patent Owner’s reasons for confidentiality.
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`– 1 –
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`June 12, 2024
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`Respectfully submitted,
`/Philip D. Segrest, Jr./
`Philip D. Segrest, Jr. (Reg. No. 39,021)
`philip.segrest@huschblackwell.com
`Lead Counsel for Petitioner
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`Nathan P. Sportel
` Stephen R. Howe
`Don J. Mizerk (pro hac vice)
`Backup Counsel for Petitioner
`HUSCH BLACKWELL LLP
`120 South Riverside Plaza, Suite 2200
`Chicago, IL 60606
`Tel. 312-655-1500
`Fax. 312-644-1501
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`– 2 –
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.105, Petitioner certifies that the foregoing
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`document was served via electronic mail to the attorneys of record in this proceeding
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`at the following:
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`WILMER CUTLER PICKERING HALE AND DORR LLP
`WHMerckMavencladIPRs@wilmerhale.com
`Counsel for Patent Owner
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`Asher S. McGuffin (Reg. No. 81,206)
`Asher.McGuffin@wilmerhale.com
`David B. Bassett (pro hac vice)
`David.Bassett@wilmerhale.com
`Cindy Kan (Reg. No. 76,385)
`Cindy.Kan@wilmerhale.com
`Mary Pheng (pro hac vice)
`Mary.Pheng@wilmerhale.com
`Gillian T. Farrell (pro hac vice)
`Gillian.Farrell@wilmerhale.com
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`Emily R. Whelan (Reg. No. 50,391)
`Emily.Whelan@wilmerhale.com
`Vinita Ferrera (pro hac vice)
`Vinita.Ferrera@wilmerhale.com
`Deric X. Geng, Ph.D. (Reg. No. 73,434)
`Deric.Geng@wilmerhale.com
`Scott Bertulli (Reg. No. 75,886)
`Scott.Bertulli@wilmerhale.com
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`June 12, 2024
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`– 3 –
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`/Philip D. Segrest, Jr./
`Philip D. Segrest, Jr. (Reg. No. 39,021)
`philip.segrest@huschblackwell.com
`Lead Counsel for Petitioner
`
`Nathan P. Sportel
`Stephen R. Howe
`Don J. Mizerk (pro hac vice)
` Backup Counsel for Petitioner
`HUSCH BLACKWELL LLP
`120 South Riverside Plaza, Suite 2200
`Chicago, IL 60606
`Tel. 312-655-1500
`Fax. 312-644-1501
`
`
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