`
`
`Trials@uspto.gov
`571.272.7822
` Entered: October 26, 2015
`
`
`
`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.
`
`
`
`
`DECISION
`Patent Owner’s Motion to Seal and for Entry of Protective Order
`37 C.F.R. §§ 42.14, 42.54
`
`
`
`
`
`
`
`
`
`
`
`
`PGR2015-00011
`Patent 8,859,623 B1
`Patent Owner filed a Motion to seal Exhibit 2004 and for entry of the
`default Protective Order (Ex. 2012) set forth in the Office Patent Trial
`Practice Guide, 77 Fed. Reg. 48756, 48769 (Aug. 14, 2012). Paper 6, 1.
`Patent Owner’s Motion is granted.
`Exhibit 2004 is “Paragon’s Response to Defendants’ Motion to
`Dismiss or for Transfer of Venue” filed under a protective order in the
`United States District Court for the District of Oregon in Paragon BioTeck,
`Inc. v. Altaire Pharmaceuticals, Inc., 3:15-cv-00189. Patent Owner asserts
`that the document “contains highly confidential and extremely sensitive
`information related to financial matters concerning Paragon’s business that
`Paragon has not and would not make publicly available.” Paper 6, 1. Patent
`Owner contends that good cause exists for sealing the confidential
`information. Id. at 2–3. Patent Owner has filed a redacted version of
`Exhibit 2004. See id. at 4. Patent Owner also requests entry of the default
`Protective Order set forth in the Office Patent Trial Practice Guide. Id. at 5.
`Upon considering the content of Exhibit 2004, along with 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 Exhibit 2004.
`
`Accordingly, it is
`ORDERED that Patent Owner’s Motion to Seal is GRANTED;
`FURTHER ORDERED that the default Protective Order (Exhibit
`2012) is hereby entered; and
`FURTHER ORDERED that this Protective Order shall govern the
`conduct of the proceeding unless otherwise modified.
`
`
`
`2
`
`
`
`PGR2015-00011
`Patent 8,859,623 B1
`PETITIONER:
`
`Dipu A. Doshi
`DICKSTEIN SHAPIRO LLP
`doshid@dicksteinshapiro.com
`
`PATENT OWNER:
`
`Michael Rosato
`Steven W. Parmelee
`WILSON SONSINI GOODRICH & ROSATI
`mrosato@wsgr.com
`sparmelee@wsgr.com
`
`
`
`3
`
`
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