`Tel: 571-272-7822
`
`
`
`
`
`Paper 73
`Date: June 8, 2021
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`PFIZER INC.,1
`Petitioner,
`
`v.
`
`NOVO NORDISK A/S,
`Patent Owner.
`____________
`
`IPR2020-003242
`Patent 8,114,833 B2
`____________
`
`
`
`Before ERICA A. FRANKLIN, JOHN G. NEW, and
`SUSAN L. C. MITCHELL, Administrative Patent Judges.
`
`FRANKLIN, Administrative Patent Judge.
`
`
`
`DECISION
`Granting Patent Owner’s Motion to Seal
`Paper 44 and Exhibit 2096
`37 C.F.R. §§ 42.14 and 42.54
`
`
`
`
`1 The proceeding has been terminated as to the original petitioner, Mylan
`Institutional LLC. Paper 67.
`2 IPR2020-01252 has been joined with this proceeding. See Paper 33.
`
`
`
`IPR2020-00324
`Patent 8,114,833 B2
`
`
`INTRODUCTION
`I.
`Patent Owner moves to seal its Patent Owner Sur-Reply (Paper 44)
`and the Transcript of the Deposition of Laird Forrest, Ph.D. (Ex. 2096).
`Paper 46 (“Mot.”). The motion is unopposed. For the reasons explained
`below, we grant the motion.
`
`II. DISCUSSION
`“There is a strong public policy for making all information filed in a
`quasi-judicial administrative proceeding open to the public, especially in an
`inter partes review which determines the patentability of claims in an issued
`patent and therefore affects the rights of the public.” Garmin Int’l v. Cuozzo
`Speed Techs., LLC, IPR2012-00001, Paper 34, 1–2 (PTAB Mar. 14, 2013).
`A motion to seal may be granted for good cause. 37 C.F.R. § 42.54. The
`moving party bears the burden of showing that there is good cause for the
`relief requested, including why the information is appropriate to be filed
`under seal. 37 C.F.R. §§ 42.20, 42.54; see also Argentum Pharms. LLC v.
`Alcon Research, Ltd., IPR2017-01053, Paper 27 at 3–4 (PTAB Jan. 19,
`2018) (informative) (discussing factors the Board may consider when
`deciding whether to grant a motion to seal documents asserted to contain
`confidential information). The Patent Trial and Appeal Board Consolidated
`Trial Practice Guide (“CTPG”) notes that 37 C.F.R. § 42.54 identifies
`confidential information in a manner consistent with Federal Rule of Civil
`Procedure 26(c)(1)(G), which provides for protective orders for trade secret
`
`2
`
`
`
`IPR2020-00324
`Patent 8,114,833 B2
`
`or other confidential research, development, or commercial information.
`CTPG at 19.3
`In the motion, Patent Owner asserts that “good cause exists for
`placing portions of Exhibit 2096 and the Sur-Reply under seal for all of the
`reasons set forth by Novo Nordisk in Paper No. 22 [Patent Owner’s Motion
`to Seal and for Entry of A Protective Order], including that both Exhibit
`2096 and the Sur-Reply contain confidential, non-public research and
`development information in the form of proprietary clinical and scientific
`data.” Mot. 2. Patent Owner has filed a redacted, public version of the
`Patent Owner Sur-Reply (Paper 45) and a redacted, public version of the
`Transcript of the Deposition of Laird Forrest, Ph.D. (Ex. 2097).
`Based on the foregoing, we determine that Patent Owner has shown
`good cause to seal the confidential version of the Patent Owner Sur-Reply
`(Paper 44) and the Transcript of the Deposition of Laird Forrest, Ph.D.
`(Ex. 2096).
`
`III. ORDER
`
`Accordingly, it is
`ORDERED that Patent Owner’s Motion to Seal Paper 44 and Exhibit
`2096 is granted;
`
`
`
`
`
`
`
`3 November 2019 Edition, available at
`https://www.uspto.gov/TrialPracticeGuideConsolidated.
`3
`
`
`
`IPR2020-00324
`Patent 8,114,833 B2
`
`For PETITIONER PFIZER:
`
`Thomas J. Meloro
`tmeloro@willkie.com
`
`Michael W. Johnson
`Mjohnson1@willkie.com
`
`For PATENT OWNER:
`
`Jeffrey Oelke
`joelke@fenwick.com
`
`Ryan Johnson
`Ryan.johnson@fenwick.com
`
`Laura Moran
`Laura.moran@fenwick.com
`
`4
`
`
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