`Trials@uspto.gov
`571-272-7822 Entered: June 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 to Seal Portions of Patent Owner’s
`Motion for Observations on Cross-Examination of Agis Kydonieus, Ph.D.
`and Exhibit 1049
`37 C.F.R. § 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
`
`to Seal Portions of Patent Owner’s Motion for Observations on Cross-
`Examination of Agis Kydonieus, Ph.D. and Exhibit 1049.” Paper 42
`(IPR2014-00549) and Paper 41 (IPR2014-00550) (collectively, “Motion”).
`In the Motion, Patent Owner moves to seal portions of the deposition
`transcript of Dr. Kydonieus (Exhibit 1049) and corresponding portions of
`Patent Owner’s Motion for Observations on Cross-Examination of Dr.
`Kydonieus (Papers 43, 44, “Patent Owner’s Motion for Observations”). For
`the reasons stated below, the Motions are granted.
`DISCUSSION
`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.
`In the Motion, Patent Owner asserts that portions of Exhibit 1049 and
`Patent Owner’s Motion for Observations address Patent Owner’s
`confidential information contained in Exhibits 1033–1036. Motion 1. 3
`Exhibits 1033–1036 contain sensitive confidential research and development
`information, including Patent Owner’s proprietary, internal test methods and
`
`
`3 Exhibits 1033–1036 and 1049 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)
`
`test data for rivastigmine transdermal formulations, and were previously
`filed under seal. Petitioner does not oppose the Motion.
`Upon considering the portions of Exhibit 1049 and Patent Owner’s
`Motion for Observations that Patent Owner proposes to seal, 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 to Seal Portions
`of Patent Owner’s Motion for Observations on Cross-Examination of Agis
`Kydonieus, Ph.D. and portions of Exhibit 1049 are granted.
`
`
`
`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
`
`
`
`
`
`
`3
`
`
`
`
`IPR2015-00549 (Patent 6,316,023 B1)
`IPR2015-00550 (Patent 6,335,031 B1)
`
`PATENT OWNER:
`
`Raymond R. Mandra
`Nicholas N. Kallas
`FITZPATRICK, CELLA, HARPER & SCINTO
`ExelonPatchIPR@fchs.com
`
`
`
`
`4
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
