`571-272-7822
`
`
`
`
`Paper 45
`Entered: August 1, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`EDWARDS LIFESCIENCES CORPORATION,
`Petitioner,
`
`v.
`
`BOSTON SCIENTIFIC SCIMED, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-00444
`Patent 6,915,560 B2
`____________
`
`
`Before NEIL T. POWELL, JAMES A. TARTAL, and
`STACY B. MARGOLIES, Administrative Patent Judges.
`
`TARTAL, Administrative Patent Judge.
`
`
`
`
`
`
`DECISION
`
`Granting Revised Motion to Seal
`37 C.F.R. §§ 42.5, 42.14 and 42.54
`
`
`
`
`
`IPR2017-00444
`Patent 6,915,560 B2
`
`
`Patent Owner Boston Scientific Scimed, Inc., filed an unopposed
`
`Revised Motion to Seal portions of Exhibit 1128. Paper 44. 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 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.
`
`Patent Owner states that Exhibit 1128 includes confidential
`
`information, including “descriptions of the invention and its advantages,
`
`sketches of the invention, and descriptions of embodiments of the invention
`
`provided by the inventor during the development stage, prior to filing the
`
`application for the ’560 patent or any related application.” Paper 1–2. With
`
`the Revised Motion, Patent Owner also filed a publically accessible,
`
`redacted version of Exhibit 1128. See Exhibit 2054. Patent Owner states
`
`that the “redactions are limited to isolated passages consisting entirely of
`
`confidential information, and the thrust of the underlying argument remains
`
`clearly discernible in view of the unredacted portions.” Id. at 2.
`
`We have reviewed the portions of Exhibit 1128 that have been
`
`redacted from the publically available version (Exhibit 2054) and determine
`
`that the redactions do not appear to be facially excessive and appear to be
`
`2
`
`
`
`IPR2017-00444
`Patent 6,915,560 B2
`
`tailored to encompass asserted confidential information. Accordingly, we
`
`grant the request to seal the unredacted version of the exhibit.
`
`It is
`
`ORDERED that the Revised Motion to Seal is granted and that
`
`Exhibit 1128 shall remain under seal.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`IPR2017-00444
`Patent 6,915,560 B2
`
`PETITIONER:
`
`Craig Summers
`Brenton Babcock
`Christy Lea
`Cheryl Burgess
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2css@knobbe.com
`2brb@knobbe.com
`2cgl@knobbe.com
`2ctb@knobbe.com
`
`PATENT OWNER:
`
`Wallace Wu
`Jennifer Sklenar
`Nicholas Nyemah
`ARNOLD & PORTER KAYE SCHOLER LLP
`wallace.wu@apks.com
`jennifer.sklenar@apks.com
`nicholas.nyemah@aporter.com
`
`
`4
`
`
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