U.S. Patent No. 8,859,623
`Petitioner’s Motion to Seal
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
`
`Altaire Pharmaceuticals, Inc.,
`Petitioner,
`
`v.
`
`Paragon BioTeck, Inc.,
`Patent Owner.
`
`____________________
`
`U.S. Patent No. 8,859,623
`CASE: PGR2015-00011
`____________________
`
`
`
`
`
`
`
`
`
`PETITIONER’S MOTION TO SEAL
`
`
`Petitioner’s Motion to Seal
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
`
`Altaire Pharmaceuticals, Inc.,
`Petitioner,
`
`v.
`
`Paragon BioTeck, Inc.,
`Patent Owner.
`
`____________________
`
`U.S. Patent No. 8,859,623
`CASE: PGR2015-00011
`____________________
`
`
`
`
`
`
`
`
`
`PETITIONER’S MOTION TO SEAL
`
`
`
`U.S. Patent No. 8,859,623
`Petitioner’s Motion to Seal
`
`I.
`
`
`STATEMENT OF RELIEF REQUESTED
`
`Pursuant to 37 C.F.R. § 42.14 and the previously submitted Protective
`
`Order (Exh. 2012), Altaire Pharmaceuticals, Inc. (“Petitioner”) respectfully moves
`
`to seal portions of its Reply (“Petitioner’s Reply”), portions of Exhibit 1029, and
`
`Exhibits 1027, 1028, and 1030 (see Table 2 below). As detailed below,
`
`Petitioner’s Reply and the Exhibits contain information that (a) Paragon BioTeck,
`
`Inc. (“Paragon” or “Patent Owner”) considers highly confidential, and (b) Altaire
`
`considers highly confidential and extremely sensitive and does not wish to be made
`
`publicly available.
`
`II.
`
`
`
`PARAGON ALLEGES GOOD CAUSE EXISTS FOR SEALING
`INFORMATION
`
`Petitioner seeks to seal portions of its Reply that Patent Owner considers
`
`highly confidential. As asserted in its Motion to Seal filed August 24, 2015,
`
`Paragon asserts this information is not publicly available, and that disclosure of
`
`this information would significantly harm Paragon. See Patent Owner’s Motion to
`
`Seal and Motion for entry of Protective Order Pursuant to 37. C.F.R. § 42.14 and §
`
`42.54, PGR2015-00011, Paper 6, 2 (P.T.A.B. 2015).1
`
`
`1 Contrary to Patent Owner’s representations, Petitioner does not agree that the
`
`information is highly confidential; however, as a courtesy, Petitioner has not
`
`opposed Patent Owner’s motions to seal the information.
`
`1
`
`
`
`
`
`U.S. Patent No. 8,859,623
`Petitioner’s Motion to Seal
`
`
`
`As such, Petitioner has redacted only the specific information relating to
`
`the Agreement that Paragon has previously redacted from Exhibit 2004. See Table
`
`1 infra.
`
`TABLE 1
`
`Paper No.
`
`Title
`
`Portions with Redacted
`
`Information
`
`Paper No.
`
`Petitioner’s Reply
`
`p. 21, ll. 8-9
`
`p. 23, l. 10
`
`p. 25, ll. 2-3
`
`
`
`III. GOOD CAUSE EXISTS FOR SEALING PETITIONER’S
`INFORMATION
`
`
`
`Petitioner seeks to file portions of Exhibits 1027-1030 under seal. The
`
`information Petitioner seeks to seal reflects proprietary and confidential testing
`
`methodologies developed by Petitioner. See Ex. 1003 at ¶ 21. Petitioner’s
`
`patentability arguments relate to the results generated, and previously publicly
`
`disclosed, by these testing methodologies, and are included in reply to Patent
`
`Owner’s arguments.
`
`2
`
`
`
`
`
`U.S. Patent No. 8,859,623
`Petitioner’s Motion to Seal
`
`
`
`Petitioner’s testing methods have not been published or otherwise made
`
`public. Petitioner, instead, has taken efforts to maintain the confidentiality of this
`
`information. For example, Exhibits 1027 and 1030 are marked: “This document
`
`contains information that is privileged, confidential and is protected from
`
`disclosure under applicable law. This document is the sole property of Altaire
`
`Pharmaceuticals, Inc.” See Ex. 1027; Ex. 1030. Exhibit 1028 similarly recites the
`
`same information as Exhibit 1027, and Petitioner has treated Exhibit 1028 as
`
`confidential and efforts have been made to ensure it does not become publicly
`
`available. See, e.g., Ex. 1003 at ¶ 21.
`
`
`
`Similarly, Petitioner redacted only specific information from Exhibit
`
`1029 that it considers confidential information relating to its proprietary and
`
`confidential testing methodologies discussed above. As such, Petitioner has
`
`narrowly redacted the testimony.
`
`
`
`Disclosure of the information could significantly harm at least
`
`Petitioner’s competitiveness in the market. As Petitioner has previously asserted,
`
`the information disclosed in Exhibits 1027-1030 reflect proprietary testing
`
`methodologies capable of distinguishing R and S phenylephrine hydrochloride.
`
`The disclosure of Petitioner’s proprietary information would allow competitors to
`
`3
`
`
`
`
`
`U.S. Patent No. 8,859,623
`Petitioner’s Motion to Seal
`
`successfully employ Petitioner’s methodologies without incurring the costs
`
`associated with the research and development of those methodologies.
`
`
`
`“The rules aim to strike a balance between the public’s interest in
`
`maintaining a complete and understandable file history and the parties’ interest in
`
`protecting truly sensitive information.” Office Patent Trial Practice Guide, 77
`
`Fed. Reg. 48756, 48760 (Aug. 14, 2012). The balance in this proceeding shifts
`
`toward maintaining the confidentiality of Petitioner’s testing methodologies. First,
`
`Petitioner has previously maintained the information as confidential and
`
`proprietary. Furthermore, there is little if any public interest in the details of
`
`Petitioner’s testing methodologies – the public’s interest remains in the results
`
`from those testing methodologies, which were previously publicly filed. Finally,
`
`the detailed information Petitioner seeks to seal is also not required by the Board to
`
`make any determination in this proceeding. Accordingly, the public interest will
`
`not be harmed by filing the information under seal.
`
`TABLE 2
`
`Paper No. / Exhibit No.
`
`Title
`
`Portions with Redacted
`
`Information
`
`4
`
`
`
`
`
`U.S. Patent No. 8,859,623
`Petitioner’s Motion to Seal
`
`Exhibit 1027
`
`TMQC-247-01
`
`Entire Document
`
`Exhibit 1028
`
`TMQC-247-00
`
`Entire Document
`
`Exhibit 1029
`
`Zaman Declaration
`
`p. 4, ll. 11-13
`
`p. 5, ll. 10-15
`
`p. 7, ll. 7-16
`
`Exhibit 1030
`
`STU0346
`
`Entire Document
`
`
`
`
`
`
`
`Dated: May 6, 2016
`
`Respectfully submitted,
`
` /Dipu A. Doshi/
`By: ____________________
`Dipu A. Doshi.
` Registration No.: 60,073
`BLANK ROME LLP
`1825 Eye Street, NW
`Washington, DC 20006-5403
`(202) 420-2200
`Attorneys for Petitioner
`
`5
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`U.S. Patent No. 8,859,623
`Petitioner’s Motion to Seal
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that a copy of the foregoing PETITIONER’S
`
`MOTION TO SEAL is being served on counsel of record by filing this document
`
`via electronic mail.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/Dipu A. Doshi/
`
`Dipu A. Doshi
`
`Registration No. 60,073
`
`BLANK ROME LLP
`
`1825 Eye Street NW
`
`Washington DC 20006
`
`Tel: 202-420-4742
`
`Counsel for Petitioner
`
`6
`
`
`
`
`Dated: May 6, 2016
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
