U.S. Patent No. 8,859,623
`Petitioner’s Motion to Seal
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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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`Altaire Pharmaceuticals, Inc.,
`Petitioner.
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`v.
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`Paragon BioTeck, Inc.,
`Patent Owner.
`____________________
`
`Case PGR 2015-00011
`Patent 8,859,623 B1
`____________________
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`PETITIONER’S MOTION TO SEAL
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`Petitioner’s Motion to Seal
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
`
`Altaire Pharmaceuticals, Inc.,
`Petitioner.
`
`v.
`
`Paragon BioTeck, Inc.,
`Patent Owner.
`____________________
`
`Case PGR 2015-00011
`Patent 8,859,623 B1
`____________________
`
`
`
`
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`PETITIONER’S MOTION TO SEAL
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`U.S. Patent No. 8,859,623
`Petitioner’s Motion to Seal
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`I.
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`INTRODUCTION
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`Pursuant to 37 C.F.R. §§ 42.14 and 42.54 and the Protective Order
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`entered in this proceeding (Exh. 2012), Petitioner Altaire Pharmaceuticals, Inc.
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`(“Petitioner”) hereby moves to seal Sawaya deposition transcript (“Exh. 2034”)
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`and Patent Owner’s Response (“Paper 20”), which include information that
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`Petitioner and third party Sawaya Aquebogue LLC (“Saw Aque”) consider highly
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`confidential and extremely sensitive, the disclosure of which is likely to cause
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`significant harm to the competitive position of Petitioner.
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`The information Petitioner seeks to seal does not relate to the
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`patentability of the claims of the ’623 patent, and the merits of this proceeding can
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`be resolved without disclosure of the materials Petitioner seeks to seal. The public
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`interest therefore does not outweigh the likely harm to Petitioner and third party
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`Saw Aque if the information were to be disclosed.
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`II. GOOD CAUSE EXISTS FOR SEALING THIS INFORMATION
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`In deciding whether to seal documents, the Board must find “good
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`cause,” and must “strike a balance between the public’s interest in maintaining
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`a complete and understandable file history and the parties’ interest in protecting
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`truly sensitive information.” Garmin Int’l, Inc. v. Cuozzo Speed Techs. LLC,
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`IPR2012-00001, Paper 36, 4 (P.T.A.B. Apr. 5, 2013). In this proceeding, the
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`U.S. Patent No. 8,859,623
`Petitioner’s Motion to Seal
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`material sought to be sealed does not relate to the patentability of the claims of the
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`’623 patent, and therefore the balance favors sealing the documents.
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`A.
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` Petitioner and Saw Aque are Privately Held and the Ownership,
`Operation, and Valuation Information is Confidential.
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`Petitioner seeks to seal information related to corporate strategic
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`operation and planning, board decision making procedures, ownership interests of
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`privately held entities, and financial information. Both Petitioner and Saw Aque
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`are privately held entities that maintain the materials sought to be sealed as
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`confidential, and do not make such information publicly available. Exh. 1024, ¶¶
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`2-5.1
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`B.
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` Release of this Information Would Cause Significant Economic and
`Competitive Harm to Petitioner.
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`The disclosure of the information Petitioner seeks to seal would cause
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`significant economic and competitive harm to Petitioner. Id. at ¶¶ 6-8. Disclosure
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`would allow a competitor or potential investors to access Petitioner’s highly
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`sensitive financial information and strategic decision making processes. Id.
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`Allowing this information to become public could provide competitors an
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`advantage in negotiating with or against Petitioner and third party Saw Aque, as
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`well as provide an in-depth view of the high level strategic decision making by
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`1 Petitioner seeks to seal the same type of information Patent Owner itself sought
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`to seal. See e.g., Paper 6 at 3.
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`2
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`U.S. Patent No. 8,859,623
`Petitioner’s Motion to Seal
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`Petitioner. Id. This information reveals sensitive financial information which
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`could potentially impact negotiations with any potential investor. Id.
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`C.
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` Disclosing the Confidential Information is Not Necessary to Maintain
`a Complete and Understandable Public Record
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`
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`“There is a strong public policy in favor of making information filed in
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`an inter partes review open to the public, especially because the proceeding
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`determines the patentability of claims in an issued patent and, therefore, affects the
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`rights of the public.” Daicel Corp. v. Celanese Int’l Corp., IPR2015-00170, Paper
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`70, 7 (P.T.A.B. Jan. 20, 2016). The confidential information Petitioner seeks to
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`seal is solely related to the real party-in-interest issue and not related to
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`patentability of the claims of the ’623 patent. This is evident by Paper 20, which
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`contains a section directed to real party-in-interest (see Paper 20, p. 14-28) that is
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`separate and distinct from the sections addressing the merits of this proceeding (see
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`id. at p. 28-54). The portion of Paper 20 that contains redactions refers only to the
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`real party-in-interest. Accordingly, the public will have full access to everything of
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`record addressing the merits of this proceeding (i.e., the patentability of the
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`challenged claims). Thus, any public interest in a complete and understandable
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`record is sated.
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`In addition, in order to ensure that the public has access to a complete
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`and understandable file history, Petitioner has narrowly tailored its request such
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`U.S. Patent No. 8,859,623
`Petitioner’s Motion to Seal
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`that the redactions are limited to isolated portions that consist of confidential
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`information of Petitioner, Patent Owner, and third party Saw Aque. See Exh. A.
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`III. CONCLUSION
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`For the above reasons, the balance of interests favors maintaining the
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`redactions to Exhibit 2034 and Paper 20.
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` Respectfully submitted,
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` /Dipu A. Doshi/
` ______________________
`Dipu A. Doshi
` Registration No.: 60,073
`Mark J. Thronson
` Registration No.: 33,082
`Jonathan W.S. England
` Registration No.: 71,223
`BLANK ROME LLP
`1825 Eye Street, NW
`Washington, DC 20006-5403
`(202) 420-2200
`Counsel for Petitioner
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`Dated: February 29, 2016
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`U.S. Patent No. 8,859,623
`Petitioner’s Motion to Seal
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`EXHIBIT A: REDACTED TESTIMONY
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` Paper No. / Exhibit No.
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`Title
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`Portions with Redacted
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`Information
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`Exhibit 2034
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`Sawaya deposition
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`p. 7; ll. 6-12; 23-25
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`transcript
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`p. 8; ll. 2-3, 5-6, 12-15
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`p. 9; ll. 5-8, 11-19
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`p. 16; ll. 7-10, 13-15, 17-21
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`p. 18; ll. 20-21, 25
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`p. 19; ll. 2-17, 24-25
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`p. 20; ll. 2-15, 18-19
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`p. 21; ll. 7-8
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`p. 22; ll. 17-22, 25
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`p. 23; ll. 2-9, 11-25
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`p. 24; ll. 2-25
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`5
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`U.S. Patent No. 8,859,623
`Petitioner’s Motion to Seal
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`p. 25; ll. 2-9, 13-15
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`p. 26; ll. 2-4, 10-25
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`p. 27; ll. 2-16, 18-24
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`p. 28; ll. 23-25
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`p. 29; ll. 2-19, 21-25
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`p. 30; ll. 2-6
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`p. 31; ll. 5-25
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`p. 32; ll. 2-19, 22-23
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`p. 33; ll. 4-11, 22-23
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`p. 34; ll. 3, 25
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`p. 35, ll. 2-7, 15-25
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`p. 36; ll. 2-14, 21-25
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`p. 37; ll. 2-25
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`p. 38; ll. 2-15
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`U.S. Patent No. 8,859,623
`Petitioner’s Motion to Seal
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`p. 39; ll. 4-16
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`p. 44; ll. 21-23
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`p. 45; ll. 2-7
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`p. 48; ll. 8-11, 18-21
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`p. 49; ll. 15-18, 21-25
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`p. 50; ll. 2-25
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`p. 51; ll. 2-25
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`p. 52; ll. 2-12, 24-25
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`p. 53; ll. 2-8, 16-17
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`p. 54; ll. 9-13
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`p. 55; ll. 8-12, 20-25
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`p. 56; ll. 2-25
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`p. 57; ll. 2-16, 20-25
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`p. 58; ll. 2-7, 18-19, 25
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`U.S. Patent No. 8,859,623
`Petitioner’s Motion to Seal
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`p. 59; ll. 2-6, 10-13
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`p. 60; ll. 3-4, 20-25
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`p. 61; ll. 2-5, 10-17
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`p. 63; ll. 23-25
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`p. 64; ll. 2-19
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`p. 66; l. 17
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`p. 68; ll. 2, 9-11
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`p. 69; ll. 20-21
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`p. 70; l. 7
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`p. 71; ll. 23-25
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`p. 72; ll. 2-25
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`p. 73; ll. 2, 4-19
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`p. 75; ll. 5-6, 11-25
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`p. 76; l. 2
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`U.S. Patent No. 8,859,623
`Petitioner’s Motion to Seal
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`p. 77; ll. 15-25
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`Paper 20
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`Patent Owner's
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`p. i; ll. 11-12, 17-19
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`Response
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`p. 2; ll. 2-8
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`p. 8; ll. 3-13
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`p. 9; ll. 8-10
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`p. 10; ll. 1-20
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`p. 11; ll. 1-18
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`p. 12; ll. 1-19
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`p. 14; ll. 11-13
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`p. 16; ll. 8-22
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`p. 17; ll. 1-20
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`p. 18; ll. 1-24
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`p. 19; ll. 1-7
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`p. 20; ll. 3-18
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`p. 21; ll. 1-20
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`p. 22; ll. 1-19
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`p. 23; ll. 1-24
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`p. 24; ll. 1-23
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`p. 25; ll. 1-22
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`p. 26; ll. 1-16
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`p. 27; ll. 1-20
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`U.S. Patent No. 8,859,623
`Petitioner’s Motion to Seal
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`U.S. Patent No. 8,859,623
`Petitioner’s Motion to Seal
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that a copy of the foregoing PETITIONER’S
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`MOTION TO SEAL is being served on counsel of record by filing this document
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`through the Patent Review Processing System.
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`Respectfully submitted,
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`/Dipu A. Doshi/
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`_____________________
`Dipu A. Doshi
`Reg. No. 60,073
`BLANK ROME LLP
`1825 Eye Street NW
`Washington, DC 20006
`Tel (202) 420-2604
`Fax (202) 420-2201
`DDoshi@BlankRome.com
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`Counsel for Petitioner
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`11
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`Dated: February 29, 2016
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