`571.272.7822
`
`
` Paper: 65
` Date: June 11, 2024
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SAMSUNG BIOEPIS CO., LTD., CELLTRION, INC., and
`BIOCON BIOLOGICS INC.,
`Petitioners,
`
`v.
`
`REGENERON PHARMACEUTICALS, INC.,
`Patent Owner.
`____________
`
`IPR2023-008841
`Patent 11,253,572 B2
`____________
`
`
`Before SUSAN L. C. MITCHELL, ROBERT A. POLLOCK, and
`RYAN H. FLAX, Administrative Patent Judges.
`
`FLAX, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Patent Owner’s Unopposed Motion for
`Entry of Amended Protective Order
`U.S.C. § 316; 37 C.F.R. §§ 42.14, 42.54
`
`
`
`
`
`1 IPR2024-00260 and IPR2024-00298 are joined with IPR2023-00884. See
`Papers 31 and 33.
`
`
`
`IPR2023-00884
`Patent 11,253,572 B2
`
`
`INTRODUCTION
`I.
`Regeneron (“Patent Owner”) is the owner of U.S. Patent
`11,253,572 B2 (Ex. 1001, “the ’572 patent”). Paper 5, 1. On April 27,
`2023, Samsung (“Petitioner” or “Samsung”) filed a Petition for inter partes
`review challenging the patentability of claims 1–30 (all claims) of the ’572
`patent. Paper 2, 1 (“Pet.”). Trial was instituted on November 17, 2023.
`Paper 13. Subsequently, on December 14, 2023, Celltrion, Inc. in
`IPR2024-00260, and on December 18, 2023, Biocon Biologics Inc. in
`IPR2024-00298, each respectively filed a petition for inter partes review
`also challenging the patentability of claims 1–30 of the ’572 patent, and filed
`motions for joinder with IPR2023-00884. Papers 31 and 33. The trials were
`instituted and the motions were granted. Id. These joined petitioners each
`agreed to take a silent, subordinate role to Samsung in the joined proceeding.
`Paper 31, 12; Paper 33, 13.
`On May 10, 2024, Samsung filed an authorized Motion for Additional
`Discovery (Paper 56 (“Pet. Mot.”)), which we granted (Paper 58).
`Regeneron then filed the present unopposed Motion for Amended Protective
`Order (Paper 60, “Motion” or “Mot.”), along with a Proposed Amended
`Protective Order (Ex. 2245, “Amended Protective Order”). For the reasons
`below, we grant the Motion and enter the Amended Protective Order in this
`proceeding.
`Regeneron asserts that certain discovery produced in response to our
`Order granting additional discovery (Paper 58) is particularly sensitive,
`including information on the “commercial effects” of market competition
`and descriptions of its “manufacturing processes.” Mot. 2. Regarding such
`information, Regeneron asserts an additional tier of review-restriction is
`
`2
`
`
`
`IPR2023-00884
`Patent 11,253,572 B2
`
`necessary: “Outside Counsel’s Eyes Only.” This is not disputed or opposed
`by Samsung and Regeneron attests that the parties have agreed on this
`matter.
`We find good cause is shown to modify the existing protective order
`in the fashion requested by Regeneron and set forth in Exhibit 2245.
`37 C.F.R. § 42.54(a). Thus, we grant the Motion and enter the Amended
`Protective Order (Ex. 2245), which replaces the prior entered protective
`order (Ex. 2059).
`
`For the foregoing reasons, it is
`ORDERED that Patent Owner’s Motion for entry of the Proposed
`Amended Protective Order is granted; and
`FUTHER ORDERED that the Amended Protective Order, i.e.,
`Exhibit 2245, is entered and replaces the prior protective order in this
`proceeding.
`
`
`
`
`3
`
`
`
`IPR2023-00884
`Patent 11,253,572 B2
`
`
`
`For PETITIONER SAMSUNG BIOEPIS CO., LTD.:
`
`Raymond N. Nimrod
`Matthew A. Traupman
`Landon Andrew Smith
`QUINN EMANUEL URQUHART & SULLIVAN LLP
`raynimrod@quinnemanuel.com
`matthewtraupman@quinnemanuel.com
`landonsmith@quinnemanuel.com
`qe-samsungbioepis@quinnemanuel.com.
`
`
`For PETITOINER CELLTRION, INC.:
`
`Lora Green
`Yahn Lin Chu
`GEMINI LAW LLP
`lgreen@geminilaw.com
`fchu@geminilaw.com
`
`
`For PETITIONER BIOCON BIOLOGICS INC.:
`
`Paul Molino
`Jeffrey Marx
`Neil McLaughlin
`Steven Birkos
`Deanne Mazzochi
`Thomas Ehrich
`RAKOCZY MOLINO MAZZOCHI SIWIK LLP
`paul@rmmslegal.com
`jmarx@rmmslegal.com
`nmclaughlin@rmmslegal.com
`sbirkos@rmmslegal.com
`dmazzochi@rmmslegal.com
`tehrich@rmmslegal.com
`
`
`4
`
`
`
`IPR2023-00884
`Patent 11,253,572 B2
`
`
`For PATENT OWNER:
`
`Adam R. Brausa
`Rebecca Weires
`Kira Davis
`Daralyn Durie
`MORRISON & FOERSTER LLP
`ABrausa@mofo.com
`RWeires@mofo.com
`kiradavis@mofo.com
`ddurie@mofo.com
`
`
`
`5
`
`
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