`571.272.7822
`
`
`
`
`
`Paper No. 31
`
` Entered: April 11, 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
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`
`PGR2015-00011
`Patent 8,859,623 B1
`Petitioner filed a Motion to seal portions of the deposition transcript
`of Assad Sawaya (Ex. 2034) and Patent Owner’s Response (Paper 20).
`Paper 24, 1. We determined that those documents have been excessively
`redacted. Paper 27, 2. Thus, on March 29, 2016, we denied Petitioner’s
`Motion without prejudice, but authorized Petitioner to file a renewed motion
`to seal within five business days. Id. at 3. Because Petitioner did not file
`any renewed motion to seal, we issued an Order on April 8, 2016, unsealing
`Paper 20 and Exhibit 2034. Paper 30.
`Immediately after we issued the April 8 Order, Patent Owner
`contacted the Board, requesting authorization to file its own motion to seal
`portions of Paper 20 and Exhibit 2034. Patent Owner stated that it only
`seeks to seal information that both parties regard as confidential. Patent
`Owner further represented that we previously sealed substantially the same
`information. See Paper 13. Patent Owner’s request is granted. The
`deposition transcript of Assad Sawaya (Ex. 2034) and Patent Owner’s
`Response (Paper 20) will be kept under seal until the resolution of Patent
`Owner’s motion to seal.
`
`Accordingly, it is
`ORDERED that Patent Owner is authorized to file a motion to seal
`portions of Paper 20 and Exhibit 2034, limited to “confidential information”
`as defined in 37 C.F.R. § 42.2;
`FURTHER ORDERED that the motion to seal must be supported by a
`declaration by an officer of Patent Owner, attesting to the necessity for each
`redaction, including the confidential nature of the redacted material, and the
`
`2
`
`
`
`
`PGR2015-00011
`Patent 8,859,623 B1
`specific alleged harm to Patent Owner that would result from its disclosure;
`and
`
`FURTHER ORDERED the motion to seal is limited to five pages and
`must be filed by 5 pm ET on April 12, 2016.
`
`
`
`
`PETITIONER:
`
`Dipu A. Doshi
`Jonathan W. S. England
`Mark J. Thronson
`BLANK ROME LLP
`DDoshi@BlankRome.com
`JWEngland@BlankRome.com
`MThronson@BlankRome.com
`
`
`PATENT OWNER:
`
`Michael T. Rosato
`Andrew Brown
`Steven W. Parmelee
`WILSON SONSINI GOODRICH & ROSATI
`mrosato@wsgr.com
`asbrown@wsgr.com
`sparmelee@wsgr.com
`
`
`
`3
`
`
`
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