Paper No. ___
`Date Filed: April 28, 2015
`
`Filed On Behalf Of:
`
`Novartis AG and LTS Lohmann Therapie-Systeme AG
`
`By:
`
`Raymond R. Mandra
`ExelonPatchIPR@fchs.com
`(212) 218-2100
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________________________
`
`NOVEN PHARMACEUTICALS, INC.
`AND MYLAN PHARMACEUTICALS INC.,
`Petitioners
`
`v.
`
`NOVARTIS AG AND LTS LOHMANN THERAPIE-SYSTEME AG,
`Patent Owners
`
`_________________________________
`
`Inter Partes Review No.: 2014-005501
`U.S. Patent No. 6,335,031
`
`PATENT OWNERS’ UNOPPOSED MOTION TO SEAL PORTIONS OF
`PATENT OWNERS’ MOTION FOR OBSERVATIONS ON CROSS-
`EXAMINATION OF AGIS KYDONIEUS, Ph.D. AND EXHIBIT 1049
`
`1 Case IPR2015-00268 has been joined with this proceeding.
`
`
`Date Filed: April 28, 2015
`
`Filed On Behalf Of:
`
`Novartis AG and LTS Lohmann Therapie-Systeme AG
`
`By:
`
`Raymond R. Mandra
`ExelonPatchIPR@fchs.com
`(212) 218-2100
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________________________
`
`NOVEN PHARMACEUTICALS, INC.
`AND MYLAN PHARMACEUTICALS INC.,
`Petitioners
`
`v.
`
`NOVARTIS AG AND LTS LOHMANN THERAPIE-SYSTEME AG,
`Patent Owners
`
`_________________________________
`
`Inter Partes Review No.: 2014-005501
`U.S. Patent No. 6,335,031
`
`PATENT OWNERS’ UNOPPOSED MOTION TO SEAL PORTIONS OF
`PATENT OWNERS’ MOTION FOR OBSERVATIONS ON CROSS-
`EXAMINATION OF AGIS KYDONIEUS, Ph.D. AND EXHIBIT 1049
`
`1 Case IPR2015-00268 has been joined with this proceeding.
`
`
`
`Pursuant to the Office Patent Trial Practice Guide (Federal Register, Vol. 77,
`
`No. 157, Aug. 14, 2012), 37 C.F.R. § 42.14 and the Stipulated Protective Order
`
`(Ex. 2056), Patent Owners, Novartis AG and LTS Lohmann Therapie-Systeme
`
`AG, respectfully submit this motion to seal limited portions of the Deposition
`
`Transcript of Agis Kydonieus, Ph.D. (Exhibit 1049) and corresponding limited
`
`portions of Patent Owners’ Motion for Observations on Cross-Examination of Agis
`
`Kydonieus, Ph.D. (“Patent Owners’ Motion for Observations”), which reflect
`
`Patent Owners’ confidential information. The redacted portions of Exhibit 1049
`
`and Patent Owners’ Motion for Observations reflect Patent Owners’ confidential
`
`information in Exhibits 1033, 1034, 1035, and 1036 that were previously filed
`
`under seal.
`
`On April 28, 2015, Patent Owners requested Petitioners’ consent to file this
`
`motion to seal portions of Exhibit 1049 and Patent Owners’ Motion for
`
`Observations in view of the fact that the proposed redacted portions of these papers
`
`reflect Patent Owners’ confidential information. Petitioners do not oppose Patent
`
`Owners’ motion.
`
`I.
`
`Discussion
`
`The Patent Trial Practice Guide provides that “[t]he rules aim to strike a
`
`balance between the public’s interest in maintaining a complete and
`
`1
`
`
`
`understandable file history and the parties’ interest in protecting truly sensitive
`
`information.” 77 FED. REG. 48756, 48760 (Aug. 14, 2012). “The rules identify
`
`confidential information in a manner consistent with Federal Rule of Civil
`
`Procedure 26(c)(1)(G), which provides for protective orders for trade secret or
`
`other confidential research, development, or commercial information.” Id.
`
`Patent Owners previously identified Exhibits 1033, 1034, 1035, and 1036 as
`
`containing sensitive confidential research and development information, including
`
`Patent Owners’ proprietary, internal test methods and test data for rivastigmine
`
`transdermal formulations and explained that such information has not previously
`
`been published or made public. (Paper 29 at 3-5.) As summarized below, certain
`
`portions of Exhibit 1049 likewise contain Patent Owners’ sensitive confidential
`
`information based on Exhibits 1033 and 1035, as well as other Patent Owner
`
`documents not publicly available that Patent Owners maintain an interest in
`
`protecting:
`
`Portion of Exhibit 1049
`
`Summary of Testimony
`
`183:21-184:6, 184:13-15,
`
`Testimony reflecting the
`
`Good Cause for Filing
`Under Seal
`The testimony reflects the
`
`184:19-21, 184:23-24,
`
`contents of Exhibit 1033,
`
`contents of Exhibit 1033,
`
`185:2, 185:4-5, 185:7-14,
`
`an internal Novartis
`
`which contains sensitive
`
`185:19-22, 186:22-25,
`
`memorandum written by
`
`business and technical
`
`187:5-12
`
`Dr. Tiemessen, previously
`
`research and development
`
`2
`
`
`
`filed under seal.
`
`information and has been
`
`marked “Confidential” in
`
`the concurrent district
`
`court litigation and filed
`
`as “Protective Order
`
`Material” under seal in
`
`the above-captioned case.
`
`187:16-22, 191:10-14
`
`Testimony reflecting the
`
`The testimony reflects the
`
`contents of Patent
`
`contents of Patent
`
`Owners’ internal
`
`Owners’ internal
`
`documents.
`
`documents, which contain
`
`sensitive research and
`
`development information
`
`and have been marked
`
`“Confidential” in the
`
`concurrent district court
`
`litigation and are not
`
`publicly available.
`
`197:5, 198:6-9, 199:2-8,
`
`Testimony reflecting the
`
`The testimony reflects the
`
`199:13-16
`
`contents of Exhibit 1035,
`
`contents of Exhibit 1035,
`
`3
`
`
`
`meeting minutes of the
`
`which contains sensitive
`
`LTS-Sandoz (Novartis)
`
`business and technical
`
`working group.
`
`research and development
`
`information, including
`
`test methods and data, and
`
`has been marked
`
`“Confidential” in the
`
`concurrent district court
`
`litigation and filed under
`
`seal as “Protective Order
`
`Material” in the above-
`
`captioned case.
`
`In addition, Patent Owners move to seal the portions of Patent Owners’
`
`Motion for Observations containing substantive reference to the above testimony.
`
`Consistent with this motion, Petitioners have confirmed that they will file a sealed
`
`version of Exhibit 1049 as well as a public version redacting the portions of the
`
`testimony listed above. Patent Owners likewise will file a sealed version of Patent
`
`Owners’ Motion for Observations as well as a public version redacting substantive
`
`reference to the above testimony.
`
`4
`
`
`
`For the foregoing reasons good cause exists for sealing Exhibit 1049 and for
`
`sealing those portions of Patent Owners’ Motion for Observations that
`
`substantively refer to the above-listed exhibits.
`
`Dated: April 28, 2015
`
`Respectfully submitted,
`
`/Raymond R. Mandra/
`Raymond R. Mandra
`Registration No. 34,382
`Lead Counsel for Patent Owner
`FITZPATRICK, CELLA,
`HARPER & SCINTO
`1290 Avenue of the Americas
`New York, NY 10104-3800
`Tel. 212-218-2100
`
`5
`
`
`
`Paper No. ___
`Date Filed: April 28, 2015
`
`CERTIFICATE OF SERVICE
`
`I certify that a copy of the foregoing PATENT OWNERS’ UNOPPOSED
`
`MOTION TO SEAL PORTIONS OF PATENT OWNERS’ MOTION FOR
`
`OBSERVATIONS ON CROSS-EXAMINATION OF AGIS KYDONIEUS, Ph.D.
`
`AND EXHIBIT 1049 was served on April 28, 2015 by causing it to be sent by
`
`email to counsel for Petitioner at the following email addresses:
`
`Steven J. Lee (slee@kenyon.com)
`
`Michael K. Levy (mlevy@kenyon.com)
`
`Chris Coulson (ccoulson@kenyon.com)
`
`Joseph M. Reisman (BoxMylan2@knobbe.com)
`
`Jay R. Deshmukh (BoxMylan2@knobbe.com)
`
`William R. Zimmerman (BoxMylan@knobbe.com)
`
`Dated: April 28, 2015
`
`/Raymond R. Mandra/
`Raymond R. Mandra
`Registration No. 34,382
`FITZPATRICK, CELLA, HARPER
`& SCINTO
`1290 Avenue of the Americas
`New York, NY 10104-3800
`Tel. 212-218-2100
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