`571-272-7822
`
`Paper 63
`Entered: March 20, 2018
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`
`EDWARDS LIFESCIENCES CORPORATION, EDWARDS
`LIFESCIENCES LLC, AND EDWARDS LIFESCIENCES AG,
`Petitioner,
`v.
`BOSTON SCIENTIFIC SCIMED, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-00060
`Patent 8,992,608 B2
`____________
`
`
`Before NEIL T. POWELL, JAMES A. TARTAL, and
`ROBERT L. KINDER, Administrative Patent Judges.
`
`TARTAL, Administrative Patent Judge.
`
`
`
`DECISION
`Granting Motion to Seal
`37 C.F.R. §§ 42.5, 42.14 and 42.54
`
`
`
`
`
`
`
`IPR2017-00060
`Patent 8,992,608 B2
`
`
`
`1049
`1050
`1062
`1063
`2031
`2034
`2036
`2039
`2041
`2042
`2043
`2044
`2045
`
`
`Edwards Lifesciences Corporation, Edwards Lifesciences LLC, and
`Edwards Lifesciences AG (“Petitioner”) and Boston Scientific Scimed, Inc.,
`(“Patent Owner”), (collectively, “the Parties”), jointly filed a revised motion
`to seal confidential information in Exhibits 1049, 1050, 1062, 1063, 2031,
`2034, 2036, 2039, 2041, 2042, 2043, 2044, 2045, 2046, 2055, 2056, 2057,
`2063, 2077, 2085, 2086, 2088, 2089, 2090, and 2091. Paper 61 (“Motion”
`or “Mot.”); see also Paper 57, 16 (authorizing a revised motion to seal).
`Along with the Motion, Petitioner provided publicly accessible,
`redacted versions of the exhibits in accordance with the following table.
`Exhibit
`Corresponding
`
`Exhibit
`Corresponding
`Number
`Exhibit Number
`Number
`Exhibit Number
`Filed Under
`of Publicly
`Filed Under
`of Publicly
`Seal
`Accessible,
`Seal
`Accessible,
`Redacted Exhibit
`Redacted Exhibit
`1049
`1546
`1050
`1555
`1062
`1556
`1063
`1557
`1531
`1563
`1532
`1577
`1536
`1585
`1539
`1586
`1541
`1588
`1542
`1589
`1543
`1590
`1544
`1591
`1545
`
`
`2046
`2055
`2056
`2057
`2063
`2077
`2085
`2086
`2088
`2089
`2090
`2091
`
`
`
`The default rule is that all papers filed in an inter partes review are open and
`available for access by the public; only “confidential information” may be
`
`2
`
`
`
`IPR2017-00060
`Patent 8,992,608 B2
`
`protected from disclosure upon a showing of good cause. See 35 U.S.C.
`§§ 316(a)(1) and 316(a)(7); 37 C.F.R. §§ 42.14 and 42.54(a). Generally, the
`party asserting confidentiality bears the burden of showing that the relief
`requested should be granted. 37 C.F.R. § 42.20(c). This includes showing
`that the information is truly confidential, and that such confidentiality
`outweighs the strong public interest in having an open record. A motion to
`seal will not be granted if based only on broad or generic contentions of
`confidentiality.
`In the Motion, Petitioner provided an explanation to show good cause
`for sealing the redacted portions of each of the exhibits at issue. Mot. 7–15.
`Petitioner further represents that it has “endeavored to redact as necessary
`each page of each Exhibit, and make publicly available non-confidential
`information so that the public can discern at least a basic level of
`understanding of what each Exhibit addresses.” Mot. 7 (citing Paper 57,
`10). We have reviewed the portions of the exhibits at issue that have been
`redacted and determine that the redactions do not appear to be facially
`excessive and appear to be tailored to encompass confidential information.
`Accordingly, we grant the request to seal the redacted portions of Exhibits
`1049, 1050, 1062, 1063, 2031, 2034, 2036, 2039, 2041, 2042, 2043, 2044,
`2045, 2046, 2055, 2056, 2057, 2063, 2077, 2085, 2086, 2088, 2089, 2090,
`and 2091.
`It is
`ORDERED that the Joint Motion to Seal is granted and that the
`redacted portions of Exhibits 1049, 1050, 1062, 1063, 2031, 2034, 2036,
`2039, 2041, 2042, 2043, 2044, 2045, 2046, 2055, 2056, 2057, 2063, 2077,
`
`3
`
`
`
`IPR2017-00060
`Patent 8,992,608 B2
`
`2085, 2086, 2088, 2089, 2090, and 2091 2080 shall remain under seal.
`
`For PETITIONER:
`
`Gregory S. Cordrey
`JEFFER MANGELS BUTLER & MITCHELL, LLP
`gcordrey@jmbm.com
`
`Brian Egan
`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
`began@mnat.com
`
`Catherine Nyarady
`PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP
`cnyarady@paulweiss.com
`
`
`For PATENT OWNER:
`
`Jennifer A. Sklenar
`Wallace Wu
`ARNOLD & PORTER LLP
`jennifer.sklenar@aporter.com
`wallace.wu@porter.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
