`571.272.7822
`
`
`
`
`
` Paper No. 45
`
` Entered: July 5, 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 and ZHENYU YANG,
`Administrative Patent Judges.
`
`YANG, Administrative Patent Judge.
`
`
`
`
`DECISION
`Patent Owner’s Motion to Seal
`37 C.F.R. §§ 42.14, 42.54
`
`
`
`
`
`1
`
`
`
`
`PGR2015-00011
`Patent 8,859,623 B1
`Patent Owner filed a Motion to seal portions of Patent Owner’s
`Response (Paper 20) and the deposition transcript of Assad Sawaya (Exhibit
`2034). Paper 32, 1. The Motion is supported by a declaration of Patrick
`Witham, President of Patent Owner. Ex. 2041. Patent Owner’s Motion is
`granted.
`There is a strong public policy in favor of making information filed in
`a post-grant review open to the public. Generally, the record of a post-grant
`review proceeding shall be made available to the public. 35 U.S.C.
`§ 326(a)(1); 37 C.F.R. § 42.14. Our rules, however, “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. 48,756, 48,760 (Aug. 14,
`2012). Thus, a party may move to seal certain information (37 C.F.R.
`§ 42.14); but only “confidential information” is protected from disclosure
`(35 U.S.C. § 326(a)(7)). Confidential information includes commercial
`information. 37 C.F.R. § 42.2.
`Patent Owner asserts that the information it seeks to seal is limited to
`certain “specific financial terms of a non-public agreement between the
`parties.” Paper 32, 2. Patent Owner contends that good cause exists for
`sealing the confidential information. Id. at 2–3. Patent Owner represents
`that it “has not and will not make the information it seeks to seal publicly
`available.” Id. at 1. Patent Owner further represents that the information we
`previously sealed is substantially the same information. Id. at 4 (citing
`Paper 12). Patent Owner has filed a redacted version of Patent Owner’s
`Response and Exhibit 2034. According to Patent Owner, it “has redacted
`only the very specific and very limited information” that is “confidential and
`highly sensitive.” Id. at 3.
`
`1
`
`
`
`PGR2015-00011
`Patent 8,859,623 B1
`Upon reviewing the redacted content, and after considering Patent
`Owner’s representations as to the confidentiality of the information, we
`determine that Patent Owner has shown good cause for sealing the redacted
`portions of Patent Owner’s Response and Exhibit 2034.
`
`Accordingly, it is
`ORDERED that Patent Owner’s Motion to Seal is GRANTED.
`
`
`
`
`
`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
`Steven W. Parmelee
`Andrew S. Brown
`WILSON SONSINI GOODRICH & ROSATI
`mrosato@wsgr.com
`sparmelee@wsgr.com
`asbrown@wsgr.com
`
`
`
`2
`
`
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