`571-272-7822 Entered: July 1, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`NOVEN PHARMACEUTICALS, INC.
`and MYLAN PHARMACEUTICALS INC.,
`Petitioner,
`
`v.
`
`NOVARTIS AG and LTS LOHMANN THERAPIE-SYSTEME AG,
`Patent Owner.
`____________
`
`Case IPR2014-005491 (Patent 6,316,023 B1)
`Case IPR2014-005502 (Patent 6,335,031 B1)
`
`____________
`
`
`Before FRANCISCO C. PRATS, ERICA A. FRANKLIN, and
`CHRISTOPHER G. PAULRAJ, Administrative Patent Judges.
`
`FRANKLIN, Administrative Patent Judge.
`
`DECISION
`Granting Patent Owner’s Motions for Entry of Stipulated Protective Order
`and to Seal
`37 C.F.R. §§ 42.14 and 42.54
`
`
`
`
`
`
`
`
`1 Case IPR2015-00265 has been joined with this proceeding.
`2 Case IPR2015-00268 has been joined with this proceeding.
`
`
`
`IPR2015-00549 (Patent 6,316,023 B1)
`IPR2015-00550 (Patent 6,335,031 B1)
`
`
`
`
`INTRODUCTION
`In each of the proceedings, Patent Owner filed an “Unopposed Motion
`
`for Entry of Stipulated Protective Order and to Seal Exhibits 1033–10363
`and Portions of Petitioner’s Reply Petition and Exhibit 1031.” Paper 29
`(“Motion”). For the reasons stated below, the Motions are granted.
`DISCUSSION
`Stipulated Protective Order
`
`Patent Owner certifies, pursuant to 37 C.F.R. § 42.54, that the parties
`have conferred and reached an agreement regarding the scope of the
`proposed Stipulated Protective Order (Exhibit 2056) which is a slightly
`amended version of the default protective order set forth in the Office Patent
`Trial Practice Guide, 77 Fed. Reg. 48,756, 48,771 (Aug. 14, 2012). Motion
`2. Patent Owner filed a redlined version of the proposed Stipulated
`Protective Order (Exhibit 2055) identifying how it departs from the Board’s
`default protective order. We have reviewed the proposed Stipulated
`Protective Order and determine that it is acceptable.
`Motion to Seal
`Patent Owner must show good cause for the relief requested,
`including why the information is appropriate to be filed under seal. 37
`C.F.R. § 42.54. The Office Patent Trial Practice Guide 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 or other confidential research, development, or
`commercial information. 77 Fed. Reg. at 48,760.
`
`
`3 Exhibits 1033–1036, 2055, and 2056 are the same in both IPR2014-00549
`and IPR2014-00550.
`
`2
`
`
`
`
`IPR2015-00549 (Patent 6,316,023 B1)
`IPR2015-00550 (Patent 6,335,031 B1)
`
`
`
`
`In the Motion, Patent Owner describes each of Exhibits 1033–1036
`and asserts that these exhibits contain sensitive confidential research and
`development information, including Patent Owner’s proprietary, internal test
`methods and test data for rivastigmine transdermal formulations. Motion 3–
`5. According to Patent Owner, these exhibits have not previously been
`published or made public. Id. Additionally, Patent Owner moves to seal
`portions of Petitioner’s Reply and accompanying declaration of Dr. Agis
`Kydonieus (Exhibit 1031) that contain substantive reference to Exhibits
`1033–1036. Id. at 5. Petitioner does not oppose the Motion. Consistent
`with the Motion, Petitioner has filed its Reply (Papers 31, 32) and Exhibit
`1031, both under seal and as public versions redacting substantive reference
`to Exhibits 1033–1036.
`Upon considering the content of Exhibits 1033-1036, the portions of
`Petitioner’s Reply and the portions of Dr. Kydonieus’ declaration that
`contain substantive reference to Exhibits 1033–1036, along with Patent
`Owner’s representations as to the confidentiality of the information, we
`determine that Patent Owner has shown good cause for the relief requested.
`
`
`ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that Patent Owner’s Unopposed Motions for Entry of
`Stipulated Protective Order and to Seal are granted; and
`FURTHER ORDERED that the Stipulated Protective Order is hereby
`entered in these proceedings and shall govern the treatment and filing of
`confidential information.
`
`
`3
`
`
`
`
`
`
`IPR2015-00549 (Patent 6,316,023 B1)
`IPR2015-00550 (Patent 6,335,031 B1)
`
`PETITIONER:
`
`Steven J. Lee
`Michael K. Levy
`Christopher J. Coulson
`KENYON & KENYON LLP
`slee@kenyon.com
`mlevy@kenyon.com
`ccoulson@kenyon.com
`
`Joseph Reisman
`Jay Deshmukh
`William R. Zimmerman
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`BoxMylan@knobbe.com
`
`
`PATENT OWNER:
`
`Raymond R. Mandra
`Nicholas N. Kallas
`FITZPATRICK, CELLA, HARPER & SCINTO
`ExelonPatchIPR@fchs.com
`
`
`4
`
`
`
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