`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TWI PHARMACEUTICALS INC.,
`Petitioner,
`v.
`MERCK SERONO SA,
`Patent Owner.
`
`IPR2023-00049 (Patent 7,713,947 B2)
`
`Before ULRIKE W. JENKS, ZHENYU YANG and TINA HULSE,
`Administrative Patent Judges.
`
`PETITIONER’S NOTICE OF FILING UNDER SEAL
`
`
`
`
`
`Petitioner TWi Pharmaceuticals Inc. (“Petitioner”) hereby respectfully
`
`submits this Notice of Filing Under Seal for Exhibit 1041 and portions of Petitioner’s
`
`Reply which reference exhibits for which Patent Owner has previously submitted its
`
`Motion to Seal.
`
`Also submitted with this filing is a redacted version of Exhibit 1045, of which
`
`the sealed, unredacted version was previously filed in support of Petitioner’s Motion
`
`for Additional Discovery.
`
`Exhibit 1041 is a transcript of the deposition of Patent Owner’s witness in a
`
`district court matter, which Patent Owner has designated as confidential and
`
`requested be filed under seal.
`
`Petitioner’s Reply also references, on pages 3-5, Exhibits 1043, 1044, 1045,
`
`2049, and 2050, for which Patent Owner has previously filed a Motion to Seal.
`
`Petitioner opposed the Motion to Seal, which is still pending.
`
`Pursuant to 37 C.F.R. § 42.14, “[a] party intending a document or thing to be
`
`sealed shall file a motion to seal concurrent with the filing of the document or thing
`
`to be sealed.” In this instance, it is Patent Owner who contends the exhibits at issue
`
`should be maintained under seal. Accordingly, to comply with its obligations under
`
`the Default Protective Order, and in an abundance of caution, Petitioner is filing
`
`these materials under seal.
`
`– 1 –
`
`
`
`
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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
`
`material as confidential to set forth the reasons why the material is confidential and
`
`should not be made available to the public. Appendix B to Patent Trial and Appeal
`
`Board Consolidated Trial Practice Guide (Nov. 2019) at § (d)(5)(A)(i).
`
`Petitioner will take a position regarding the sealing of the affected documents
`
`following the submission of Patent Owner’s reasons for confidentiality.
`
`
`
`
`
`– 2 –
`
`
`
`June 20, 2024
`
`
`
`
`
`Respectfully submitted,
`
`/Philip D. Segrest, Jr./
`Philip D. Segrest, Jr. (Reg. No. 39,021)
`philip.segrest@huschblackwell.com
`Lead Counsel for Petitioner
`
`Nathan P. Sportel (Reg. No. 67,980)
`nathan.sportel@huschblackwell.com
`Don J. Mizerk (pro hac vice)
`don.mizerk@huschblackwell.com
`Backup Counsel for Petitioner
`HUSCH BLACKWELL LLP
`120 South Riverside Plaza, Suite 2200
`Chicago, IL 60606
`Tel. 312-655-1500
`Fax. 312-644-1501
`
`Stephen R. Howe (Reg. No. 67,015)
`steve.howe@huschblackwell.com
`Backup Counsel for Petitioner
`HUSCH BLACKWELL LLP
`511 N. Broadway, Suite 1100
`Milwaukee, WI 53202
`Tel. 414.273.2100
`Fax. 414.223.5000
`
`
`
`
`– 3 –
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`
`
`
`
`CERTIFICATE OF SERVICE
`
`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
`
`at the following:
`
`WILMER CUTLER PICKERING HALE AND DORR LLP
`WHMerckMavencladIPRs@wilmerhale.com
`Counsel for Patent Owner
`
`
`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
`
`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
`
`
`
`
`June 20, 2024
`
`/Philip D. Segrest, Jr./
`Philip D. Segrest, Jr. (Reg. No. 39,021)
`philip.segrest@huschblackwell.com
`Lead Counsel for Petitioner
`
`Nathan P. Sportel (Reg. No. 67,980)
`nathan.sportel@huschblackwell.com
`Don J. Mizerk (pro hac vice)
`don.mizerk@huschblackwell.com
`Backup Counsel for Petitioner
`HUSCH BLACKWELL LLP
`120 South Riverside Plaza, Suite 2200
`Chicago, IL 60606
`Tel. 312-655-1500
`Fax. 312-644-1501
`
`Stephen R. Howe (Reg. No. 67,015)
`
`– 4 –
`
`
`
`
`
`
`
`
`steve.howe@huschblackwell.com
`Backup Counsel for Petitioner
`HUSCH BLACKWELL LLP
`511 N. Broadway, Suite 1100
`Milwaukee, WI 53202
`Tel. 414.273.2100
`Fax. 414.223.5000
`
`HB: 4861-2565-9593
`
`– 2 –
`
`
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