Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
` Paper 95
` Entered: September 19, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`INNOPHARMA LICENSING, INC., INNOPHARMA LICENSING LLC,
`INNOPHARMA INC., INNOPHARMA LLC,
`MYLAN PHARMACEUTICALS INC., and MYLAN INC.,
`Petitioner,
`
`v.
`
`SENJU PHARMACEUTICAL CO., LTD., BAUSCH & LOMB, INC., and
`BAUSCH & LOMB PHARMA HOLDINGS CORP.,
`Patent Owner.
`_______________
`
`Case IPR2015-00902 (Patent 8,669,290 B2)
`Case IPR2015-00903 (Patent 8,129,431 B2)1
`_______________
`
`Before FRANCISCO C. PRATS, ERICA A. FRANKLIN, and
`GRACE KARAFFA OBERMANN, Administrative Patent Judges.
`
`OBERMANN, Administrative Patent Judge.
`
`ORDER
`Authorizing Extension of Time for Filing Motion to Expunge
`37 C.F.R. §§ 42.5(a); 42.56
`
`
`1 IPR2015-01871 has been joined with IPR2015-00903. This Order
`addresses issues common to both cases identified in the caption.
`
`
`
`571-272-7822
`
`
`
`
`
`
` Paper 95
` Entered: September 19, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`INNOPHARMA LICENSING, INC., INNOPHARMA LICENSING LLC,
`INNOPHARMA INC., INNOPHARMA LLC,
`MYLAN PHARMACEUTICALS INC., and MYLAN INC.,
`Petitioner,
`
`v.
`
`SENJU PHARMACEUTICAL CO., LTD., BAUSCH & LOMB, INC., and
`BAUSCH & LOMB PHARMA HOLDINGS CORP.,
`Patent Owner.
`_______________
`
`Case IPR2015-00902 (Patent 8,669,290 B2)
`Case IPR2015-00903 (Patent 8,129,431 B2)1
`_______________
`
`Before FRANCISCO C. PRATS, ERICA A. FRANKLIN, and
`GRACE KARAFFA OBERMANN, Administrative Patent Judges.
`
`OBERMANN, Administrative Patent Judge.
`
`ORDER
`Authorizing Extension of Time for Filing Motion to Expunge
`37 C.F.R. §§ 42.5(a); 42.56
`
`
`1 IPR2015-01871 has been joined with IPR2015-00903. This Order
`addresses issues common to both cases identified in the caption.
`
`
`
`
`IPR2015-00902 (Patent 8,669,290 B2)
`IPR2015-00903 (Patent 8,129,431 B2)
`
`
`A Final Written Decision was entered in each proceeding on July 28,
`2016. Paper 90.2 On September 19, 2016, the Board received an email
`communication from counsel indicating that neither party received the
`automated notices from the Board’s filing system (PTAB E2E) for all orders
`entered after the date of entry of the Final Written Decision. A copy of the
`email correspondence is entered as Exhibit 3001.
`Specifically, counsel failed to receive PTAB E2E-generated notices of
`filing related to the Order granting entry of a protective order, Orders
`granting motions to seal confidential documents, and the Order unsealing
`documents. Ex. 3001 (email from counsel, citing Papers 99–102). As a
`result, neither party was aware that the requested documents had been placed
`under seal, that those documents could be expunged, and that absent any
`such motion the documents would be made public. Id. Accordingly, the
`parties jointly request an extension to September 16, 2016, of the time for
`filing a motion to expunge. Id. The parties further jointly request that the
`Board delay the effective date of its order of September 7, 2016, and keep
`the parties’ confidential documents under seal until the Board considers any
`motion to expunge. Id.
`Under the circumstances, the Board grants the parties’ joint request
`for an extension of time for filing a motion to expunge to September 21,
`2016, subject to the conditions set forth below. In lieu of a motion to
`expunge, the parties may file a motion to maintain the record as sealed
`during the pendency of any appeal. Any motion to maintain the record as
`sealed shall be filed by September 21, 2016.
`
`
`2 For convenience, we refer to papers filed in IPR2015-00902.
`
`2
`
`
`
`
`IPR2015-00902 (Patent 8,669,290 B2)
`IPR2015-00903 (Patent 8,129,431 B2)
`
`
`The parties’ request to keep confidential documents under seal until
`the Board considers each party’s motion to expunge is denied-in-part and
`granted-in-part. Specifically, the parties’ request to keep confidential any
`paper or exhibit cited in the Final Written Decision is denied. The parties’
`request to keep confidential all other documents filed under seal, until the
`Board considers each party’s motion to expunge or motion to maintain the
`record as sealed during the pendency of any appeal, is granted.
`By September 21, 2016, the parties are directed to file the Joint
`Stipulation and Counsel Certification that was ordered in both proceedings
`(see, e.g., IPR2015-00902, Paper 99; IPR2015-00902, Paper 91). Any
`motion to expunge should balance the need to maintain the confidentiality of
`the information against the public’s interest in maintaining a complete and
`understandable record of the patent history, including the factual basis for
`the Board’s findings and the intelligibility of substantive papers that rely on
`the information sought to be expunged.
`No motion to expunge, or motion to maintain the record as sealed
`during the pendency of any appeal, shall be entertained with respect to any
`paper or exhibit cited in the Final Written Decision. In that regard, all
`papers and exhibits identified in the Joint Stipulation shall be unsealed on
`September 23, 2016. A party may prevent the unsealing of a paper or
`exhibit identified in the Joint Stipulation by filing, no later than
`September 21, 2016, a revised public version of the paper or exhibit in
`which each page or paragraph cited in the Final Written Decision is left
`unredacted. Material not cited in the Final Written Decision may be
`redacted in the revised public version.
`
`
`
`
`
`
`3
`
`
`
`IPR2015-00902 (Patent 8,669,290 B2)
`IPR2015-00903 (Patent 8,129,431 B2)
`
`
`It is
`ORDERED that the parties’ joint request for an extension of time for
`filing a motion to expunge to September 21, 2016 is granted subject to the
`conditions set forth in this Order;
`FURTHER ORDRED that, in lieu of a motion to expunge, by
`September 21, 2016, any party may file a motion to maintain the record as
`sealed during the pendency of any appeal;
`FURTHER ORDERED that the parties’ request to keep confidential
`documents filed under seal until the Board considers each party’s motion to
`expunge is denied-in-part and granted-in-part. Specifically, the parties’
`request to keep confidential any paper or exhibit cited in the Final Written
`Decision is denied. The parties request to keep confidential all other
`documents filed under seal, until the Board considers each party’s motion to
`expunge or motion to maintain the record as sealed during the pendency of
`any appeal, is granted;
`FURTHER ORDERED that the parties shall file the Joint Stipulation
`and Counsel Certification that was ordered in both proceedings (see, e.g.,
`IPR2015-00902, Paper 99; IPR2015-00902, Paper 91) by September 21,
`2016;
`
`FURTHER OREDERED that no motion to expunge, or motion to
`maintain the record as sealed during the pendency of any appeal, shall be
`entertained with respect to a paper or exhibit cited in the Final Written
`Decision;
`FURTHER ORDERD that all papers and exhibits identified in the
`Joint Stipulation shall be unsealed on Friday, September 23, 2016; and
`
`
`
`
`4
`
`
`
`IPR2015-00902 (Patent 8,669,290 B2)
`IPR2015-00903 (Patent 8,129,431 B2)
`
`
`FURTHER ORDERED that a party may prevent the unsealing of any
`paper or exhibit identified in the Joint Stipulation by filing, no later than
`September 21, 2016, a revised public version of the paper or exhibit as set
`forth in this Order.
`
`
`
`
`
`
`
`
`
`
`5
`
`
`
`IPR2015-00902 (Patent 8,669,290 B2)
`IPR2015-00903 (Patent 8,129,431 B2)
`
`PETITIONER:
`Jitendra Malik
`jitty.malik@alston.com
`Brian L. Skelton
`bryan.skelton@alston.com
`Lance Soderstrom
`lance.soderstrom@alston.com
`Hidetada James Abe
`james.abe@alston.com
`Joseph Michael Janusz
`joe.janusz@alston.com
`Deborah H. Yellin
`dyellin@crowell.com
`Jonathan Lindsay
`jLindsay@Crowell.com
`Shannon Lentz
`SLentz@Crowell.com
`
`PATENT OWNER:
`Bryan C. Diner
`bryan.diner@finnegan.com
`Justin J. Hasford
`justin.hasford@finnegan.com
`Joshua L. Goldberg
`joshua.goldberg@finnegan.com
`
`
`
`
`6
`
`
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