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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`LIQUIDIA TECHNOLOGIES, INC.,
`Petitioner
`
`v.
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`UNITED THERAPEUTICS CORPORATION,
`Patent Owner
`
`
`
`
`Case No. IPR2021-00406
`U.S. Patent No. 10,716,793
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`
`
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`PETITIONER’S UNOPPOSED MOTION TO FILE UNDER SEAL
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`IPR2021-00406
`U.S. Patent No. 10,716,793
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`Pursuant to 37 C.F.R. § 42.54, Petitioner Liquidia Technologies, Inc. hereby
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`submits this Motion to Seal Exhibit 1132 filed in support of Petitioner’s Reply to
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`Petition filed concurrently herein.
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`I.
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`Good Cause Exists for Sealing Certain Confidential Information
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`The Patent Trial and Appeal Board, Consolidated Trial Practice Guide
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`November 2019 (“Guide”) provides that “the rules aim to strike a balance between
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`the public’s interest in maintaining a complete and understandable file history and
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`the parties’ interest in protecting truly sensitive information.” Guide at 19; 77 Fed.
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`Regs. 48756, 48760 (Aug. 14, 2012). These rules “identify confidential information
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`in a manner consistent with Federal Rule of Civil Procedure 26(c)(1)(G), which
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`provides for protective orders for trade secret or other confidential research,
`development, or commercial information.” Id. (citing 37 C.F.R. § 42.54).
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`Exhibit 1132 includes excerpts from a deposition transcript generated on
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`January 15, 2022 in the United Therapeutics Corp. v. Liquidia Tech. Inc., Case No.
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`1:20-cv-00755 (D. Del.) litigation. The transcript was designated as “Highly
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`Confidential” in its entirety by United Therapeutics Corporation, Patent Owner in
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`this proceeding and plaintiff in the Delaware litigation. (Ex. 1132, 2.) Accordingly,
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`Petitioner Liquidia files these excerpts under seal in this proceeding per its
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`obligations under the district court protective order, and per Patent Owner’s lack of
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`objection to Petitioner doing so. Patent Owner is the party with knowledge as to
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`
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`1
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`IPR2021-00406
`U.S. Patent No. 10,716,793
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`why good cause exists for the confidentiality designation and why the “‘highly
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`confidential nature of’ the information contained in those documents makes it
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`‘impossible to reasonably redact [them] for public disclosure.” Purdue Pharma L.P.
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`v. Depomed, Inc., IPR2014-00377, Paper No. 62, at 4 (PTAB March 17, 2015).
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`II. Certification of Non-Publication
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` On behalf of Petitioner, the undersigned counsel certifies that, to the best of
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`their knowledge, the information sought to be sealed by this Motion to Seal has not
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`been published or otherwise made public. Efforts to maintain the confidentiality of
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`this information have been undertaken by Petitioner in the related proceeding noted
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`above.
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`III. Certification of Conference with Opposing Party Pursuant to 37
`C.F.R. § 42.54
`Petitioner has conferred with Patent Owner about both the PTAB’s Default
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`Protective Order and this Motion to Seal relating to Patent Owner’s confidential
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`information. The parties have agreed to be bound by the PTAB’s Default Protective
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`Order, and agreed to the filing of Ex. 1132 under the Default Protective Order. Per
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`Appendix B of the Guide, the Default Protective Order is not being separately filed.
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`IV. Protective Order
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`The confidential information will be subject to the Default Protective Order
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`from the Guide, to which the parties have agreed to be bound in this proceeding.
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`2
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`IPR2021-00406
`U.S. Patent No. 10,716,793
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`V. Conclusion
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`For the reasons stated above, Petitioner respectfully requests that Exhibit
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`1132 remain under seal.
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`Dated: February 10, 2022
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`COOLEY LLP
`ATTN: Patent Group
`1299 Pennsylvania Avenue NW
`Suite 700
`Washington, DC 20004
`Tel: (212) 479-6840
`Fax: (212) 479-6275
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`Respectfully submitted,
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`By:
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`/Ivor R. Elrifi/
`Ivor R. Elrifi
`Reg. No. 39,529
`Counsel for Petitioner
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`3
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`IPR2021-00406
`U.S. Patent No. 10,716,793
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. §§42.6(e)(4)(i) et seq., a complete copy of the attached
`PETITIONER’S UNOPPOSED MOTION TO SEAL is being served via
`electronic mail on the 10th day of February 2022, upon Patent Owner’s attorneys
`of record:
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`Stephen B. Maebius (smaebius@foley.com)
`UT-793@foley.com
`UTCvLiquidia-IPR@mwe.com
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`Dated: February 10, 2022
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`COOLEY LLP
`ATTN: Patent Group
`1299 Pennsylvania Avenue NW
`Suite 700
`Washington, DC 20004
`Tel: (212) 479-6840
`Fax: (212) 479-6275
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`
`
`/Ivor R. Elrifi/
`Ivor R. Elrifi
`Reg. No. 39,529
`Counsel for Petitioner
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`
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`By:
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`4
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