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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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`NOVEN PHARMACEUTICALS, INC.
`AND MYLAN PHARMACEUTICALS INC.,
`Petitioners
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`v.
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`NOVARTIS AG AND LTS LOHMANN THERAPIE-SYSTEME AG,
`Patent Owners
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`___________________
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`Inter Partes Review IPR2014-005501
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`U.S. Patent No. 6,335,031
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`PETITIONERS’ MOTION TO SEAL PORTIONS OF PETITIONERS’
`RESPONSE TO PATENT OWNERS’ MOTION FOR OBSERVATIONS ON
`CROSS-EXAMINATION OF DR. AGIS KYDONIEUS
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`1
`Case IPR2015-00268 has been joined with this proceeding.
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`Pursuant to the Office Patent Trial Practice Guide (Federal Register, Vol. 77,
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`No. 157, Aug. 14, 2012), 37 C.F.R. § 42.14 and the Stipulated Protective Order
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`(Ex. 2056), Petitioner Noven Pharmaceuticals, Inc. (“Noven”), respectfully
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`submits this motion to seal limited portions of Petitioners’ Response to Patent
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`Owners’ Motion for Observations on Cross-Examination of Dr. Agis Kydonieus
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`(“Petitioners’ Response”), which reflect Patent Owners’ confidential information.
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`The redacted portions of Petitioners’ Response reflect Patent Owners’ confidential
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`information in Exhibits 1033, 1034, 1035, and 1036 that were previously filed
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`under seal.
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`The Patent Trial Practice Guide provides that “[t]he rules aim to strike a
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`balance between the public’s interest in maintaining a complete and
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`understandable file history and the parties’ interest in protecting truly sensitive
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`information.” 77 FED. REG. 48756, 48760 (Aug. 14, 2012). “The rules identify
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`confidential information in a manner consistent with Federal Rule of Civil
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`Procedure 26(c)(1)(G), which provides for protective orders for trade secret or
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`other confidential research, development, or commercial information.” Id.
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`Patent Owners previously identified Exhibits 1033, 1034, 1035, and 1036 as
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`containing sensitive confidential research and development information, and
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`explained that such information has not previously been published or made public.
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`(Paper 29 at 3-5.)
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`1
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`Therefore for the reasons set forth in Patent Owners’ Paper 29, Noven
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`moves to seal the portions of Petitioners’ Response containing substantive
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`reference to the above exhibits. Consistent with this motion, Noven will file a
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`sealed version of Petitioners’ Response as well as a public version redacting
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`substantive reference to the above exhibits.
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`For the foregoing reasons good cause exists for sealing those portions of
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`Petitioners’ Response that substantively refer to the above-listed exhibits.
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`Dated: May 12, 2015
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`Respectfully submitted,
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`/Michael K. Levy/
`Steven J. Lee (Reg. No. 31,272)
`Michael K. Levy (Reg. No. 40,699)
`KENYON & KENYON LLP
`One Broadway
`New York, NY 10004-1007
`Tel: 212-425-7200
`Fax: 212-425-5288
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`Counsel for Petitioner Noven Pharmaceuticals,
`Inc.
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`2
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`CERTIFICATE OF SERVICE
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` I
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` certify pursuant to 37 C.F.R. §42.6(e) that a copy of the foregoing
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`Petitioners’ Motion to Seal Portions of Petitioners’ Response to Patent Owners’
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`Motion for Observations on Cross-Examination of Dr. Agis Kydonieus was served
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`electronically on May 12, 2015 to counsel for Patent Owners at the following
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`email address: ExelonPatchIPR@fchs.com.
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`Dated: May 12, 2015
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`/Michael K. Levy/
`Michael K. Levy (Reg. No. 40,699)
`KENYON & KENYON LLP
`One Broadway
`New York, NY 10004-1007
`Tel: 212-425-7200
`Fax: 212-425-5288
`Counsel for Petitioner Noven Pharmaceuticals,
`Inc.
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`1
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