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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.
`
`
`IPR2021-00406
`U.S. Patent No. 10,716,793
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`PATENT OWNER’S UNOPPOSED 3rd MOTION TO FILE
`UNDER SEAL
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`37 C.F.R. § 42.54
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`4889-0612-0982.1
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`Pursuant to 37 C.F.R. § 42.54, United Therapeutics Corporation (“Patent
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`Owner”) hereby submits this 3rd Motion to Seal Exhibits 2096 and 2097.
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`I. Good Cause Exists for Sealing Certain Confidential Information
`The Office Patent Trial Practice Guide provides that “the rules aim to
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`strike a balance between the public’s interest in maintaining a complete and
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`understandable file history and
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`the parties’
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`interest
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`in protecting
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`truly
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`sensitive information.” 77 Fed. Reg. 48756, 48760 (Aug. 14, 2012). These
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`rules “identify confidential information in a manner consistent with Federal
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`Rule of Civil Procedure 26(c)(1)(G), which provides for protective orders for
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`trade secret or other confidential research, development, or commercial
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`information.” Id. (citing 37 C.F.R. § 42.54).
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`The Board has granted a Motion to Seal certain exhibits in their entireties
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`for similar reasons in Purdue Pharma L.P. v. Depomed, Inc., IPR2014-00377,
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`paper no. 62 at 4-6 (PTAB March 17, 2015), where “Patent Owner avers that the
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`‘highly confidential nature of’ the information contained in those documents
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`makes it ‘impossible to reasonably redact [them] for public disclosure.’” Id. at 4.
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`The
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`transcripts of Exhibits 2096 and 2097 were designated as
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`“Confidential” and “Highly Confidential” in their entireties by Liquidia
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`Corporation, Petitioner in this proceeding and defendant in the Delaware
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`litigation. Accordingly, Patent Owner files these excerpts under seal in this
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`4889-0612-0982.1
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`proceeding per its obligations under the district court protective order, and per
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`Petitioner’s lack of objection to Patent Owner doing so. Petitioner is the party
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`with knowledge as to why good cause exists for the confidentiality designation
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`and why the “‘highly confidential nature of’ the information contained in those
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`documents makes it ‘impossible to reasonably redact [them] for public
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`disclosure.” Purdue Pharma L.P. v. Depomed, Inc., IPR2014-00377, Paper No.
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`62, at 4 (PTAB March 17, 2015).
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`II. Certification of Non-Publication
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`On behalf of Patent Owner, undersigned counsel certifies that, to the best
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`of their knowledge, the information sought to be sealed by this Motion to Seal
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`has not been published or otherwise made public. Efforts to maintain the
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`confidentiality of this information have been undertaken by Patent Owner in
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`the related proceedings noted above.
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`III. Certification of Conference with Opposing Party Pursuant to
`37 C.F.R. § 42.54
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`Patent Owner has conferred with Petitioner about both the PTAB’s Default
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`Protective Order and motion to seal relating to Patent Owner’s confidential
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`information, and the Parties have agreed to be bound by the PTAB’s Default
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`Protective Order. Per Appendix B of the Trial Practice Guide, the Default
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`Protective Order is not being separately filed.
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`4889-0612-0982.1
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`IV. Protective Order
`The confidential information will be subject to the Default Protective Order
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`from the Trial Practice Guide, to which the parties have agreed to be bound in this
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`proceeding.
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`V. Conclusion
`For the reasons stated above, Patent Owner respectfully requests that
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`EX2096 and EX2097 remain under seal.
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`Date: March 16, 2022
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`
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`Respectfully submitted,
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`/Stephen B. Maebius/
`Stephen B. Maebius
`Registration No. 35,264
`Foley & Lardner LLP
`3000 K Street, N.W., Suite 600
`Washington, D.C. 20007
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`Counsel for Patent Owner
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`4889-0612-0982.1
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing MOTION TO
`SEAL, is being served on March 16, 2022 by filing this document through the PTAB
`E2E System as well as delivering copies via email to the following counsel for the
`Petitioner:
`
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`zLiquidiaIPR@cooley.com
`ielrifi@cooley.com
`emilch@cooley.com
`dkannappan@cooley.com
`ssukduang@cooley.com
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`/Stephen B. Maebius/
`Stephen B. Maebius
`Registration No. 35,264
` Counsel for Patent Owner
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`4889-0612-0982.1
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`5
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