`571.272.7822
`
`
`
`
`
` Paper No. 50
`
`
` Entered: 1/9/2016
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ALTAIRE PHARMACEUTICALS, INC.,
`Petitioner,
`
`v.
`
`PARAGON BIOTECK, INC.,
`Patent Owner.
`____________
`
`Case PGR2015-00011
`Patent 8,859,623 B1
`____________
`
`
`
`Before SHERIDAN K. SNEDDEN, ZHENYU YANG, and
`CHRISTOPHER G. PAULRAJ, Administrative Patent Judges.
`
`YANG, Administrative Patent Judge.
`
`
`
`
`ORDER
`Joint Motion to Preserve the Record Pending Appeal
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`
`
`
`
`PGR2015-00011
`Patent 8,859,623 B1
`
`On November 14, 2016, the panel issued a Final Written Decision,
`
`holding that Petitioner, in this proceeding, has not met its burden to show
`
`obviousness of claims 1–13 of U.S. Patent No. 8,859,623 by a
`
`preponderance of the evidence. Paper 48. On December 23, 2016, with our
`
`authorization, the parties filed a Joint Motion to Preserve the Record
`
`Pending Appeal. Paper 49. The parties’ Motion is granted.
`
`We previously granted the parties’ motions to file certain documents
`
`under seal. Papers 12, 13, 45, 46. Those documents ordinarily would
`
`become public 45 days after the Final Written Decision is entered. Office
`
`Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,761 (Aug. 14, 2012). If
`
`a party wishes to preserve the confidentiality of documents filed under seal,
`
`the party may file a motion to expunge them from the record. 37 C.F.R.
`
`§ 42.56. According to the parties, on Petitioner has until January 17, 2017 to
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`appeal to the Federal Circuit, after the date to unseal or expunge the sealed
`
`documents. Paper 49, 1.
`
`Petitioner argues that “if the record is not preserved in its entirety
`
`including any sealed portions, and an appeal is taken, the Federal Circuit
`
`may not be able to fully consider the issues raised by Petitioner during the
`
`inter partes review, which would cause prejudice to Petitioner.” Id. at 2.
`
`The parties state that they “will contact the Board within ten business days
`
`after the conclusion of any appeal proceeding, or if no appeal is taken,
`
`within ten business days after the deadline to file an appeal, and request
`
`authorization to file a motion to expunge” the currently sealed documents.
`
`Id. at 2–3. We find Petitioner’s argument persuasive and the parties’
`
`proposed course of conduct reasonable. We hereby authorize both parties, if
`
`choose to do so, to file their respective motion to expunge sealed documents
`
`within 45 days of the conclusion of all appeals, or, if no Notice of Appeal is
`
`1
`
`
`
`PGR2015-00011
`Patent 8,859,623 B1
`
`filed, within 45 days of the expiration of the period to file a Notice of
`
`Appeal.
`
`
`
`Accordingly, it is
`
`ORDERED that the Joint Motion to Preserve the Record Pending
`
`Appeal is granted;
`
`FURTHER ORDERED that the record in this proceeding will be
`
`preserved and the documents filed under seal will not be expunged or made
`
`public until after the completion of all appeals, or, if no Notice of Appeal is
`
`filed, the expiration of the period to file a Notice of Appeal; and
`
`FURTHERED ORDERED that the documents filed under seal in this
`
`proceeding will be unsealed 45 days after the conclusion of all appeals, or, if
`
`no Notice of Appeal is filed, 45 days after the expiration of the period to file
`
`a Notice of Appeal, unless, before that time, the parties file a motion to
`
`expunge.
`
`
`
`
`
`
`
`2
`
`
`
`PGR2015-00011
`Patent 8,859,623 B1
`
`PETITIONER:
`Dipu A. Doshi
`Jonathan England
`Mark Thronson
`BLANK ROME LLP
`doshid@dicksteinshapiro.com
`JWEngland@BlankRome.com
`MThronson@BlankRome.com
`
`
`PATENT OWNER:
`Michael Rosato
`Andrew Brown
`Steven W. Parmelee
`WILSON SONSINI GOODRICH & ROSATI
`mrosato@wsgr.com
`asbrown@wsgr.com
`sparmelee@wsgr.com
`
`3
`
`
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