`Entered: May 5, 2017
`
`Trials@uspto.gov
`571.272.7822
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MEDTRONIC XOMED, INC.,
`Petitioner,
`
`v.
`
`NEUROVISION MEDICAL PRODUCTS, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-00456
`Patent 8,634,894 B2
`____________
`
`
`
`Before MEREDITH C. PETRAVICK, MITCHELL G. WEATHERLY, and
`MICHAEL L. WOODS, Administrative Patent Judges.
`
`WOODS, Administrative Patent Judge.
`
`
`
`ORDER
`Motion to Seal and Motion for Protective Order
`37 C.F.R. § 42.54
`
`
`
`
`
`IPR2017-00456
`Patent 8,634,894 B2
`
`
`Pursuant to 37 C.F.R. §§ 42.14 and 42.54, Patent Owner, Neurovision
`
`Medical Products, Inc., filed a Motion to Seal (“Motion” or “Motion to
`
`Seal”) requesting sealing of Exhibit 2001 and for entry of the Board’s
`
`default protective order. Paper 8, 3. Filed as part of its Motion, Patent
`
`Owner included a copy of this protective order as “Exhibit A.” Id. (Ex. A).
`
`Patent Owner represents that Petitioner does not oppose the Motion to
`
`Seal. Id. at 4.
`
`As a preliminary matter, pursuant to 37 C.F.R. § 42.6(a)(3), combined
`
`documents are not permitted. Patent Owner’s proposed protective order,
`
`“Exhibit A,” is filed improperly as a combined document with Paper 8.
`
`Exhibit A should instead be filed as a separate numbered exhibit.
`
`Nevertheless, we will not require Patent Owner to refile Exhibit A as a
`
`separate exhibit. All future filings, however, must comply with the
`
`requirements of § 42.6.
`
`Regarding Patent Owner’s Motion to Seal, there is a strong public
`
`policy in favor of making information filed in an inter partes review open to
`
`the public, especially because these proceedings determine the patentability
`
`of claims in issued patents and, therefore, affect the rights of the public.
`
`Under 35 U.S.C. § 326(a)(1) and 37 C.F.R. § 42.14, the default rule is that
`
`all papers filed in an inter partes review are open and available for access by
`
`the public; a party, however, may file a concurrent motion to seal, and the
`
`information at issue is sealed pending the outcome of the motion. It is,
`
`however, only “confidential information” that is protected from disclosure.
`
`35 U.S.C. § 316(a)(7); see Office Patent Trial Practice Guide, 77 Fed. Reg.
`
`48756, 48760 (Aug. 14, 2012).
`
`2
`
`
`
`IPR2017-00456
`Patent 8,634,894 B2
`
`
`The standard for granting a motion to seal is “for good cause.” 37
`
`C.F.R. § 42.54. The party moving to seal bears the burden of proof of
`
`showing entitlement to the requested relief, and establishing that information
`
`sought to be sealed is confidential information. 37 C.F.R. § 42.20(c).
`
`In its Motion, Patent Owner seeks to seal information regarding
`
`“confidential aspects of Neurovision’s manufacturing operation and
`
`products” and “Neurovision’s confidential, internal business operation.”
`
`Paper 8, 1. Patent Owner represents that disclosure of this information
`
`“would allow the public and competitors to learn Neurovision’s supply chain
`
`details and business relationships” and that Patent Owner “may owe a duty
`
`of confidentiality to its suppliers and business associates.” Id. at 2–3. Along
`
`with its Motion, Patent Owner files a redacted version of Exhibit 2001, as
`
`Exhibit 2017. Patent Owner certifies that it has conferred with Petitioner
`
`and that Petitioner does not oppose the Motion. Id. at 4.
`
`Upon reviewing Exhibit 2001 and its redacted version, Exhibit 2017,
`
`we agree that Exhibit 2001 appears, on its face, to contain confidential
`
`business information. We, therefore, are persuaded that Patent Owner shows
`
`good cause for sealing Exhibit 2001 in its entirety.
`
`Accordingly, we grant Patent Owner’s Motion to Seal and enter
`
`Exhibit A of Paper 8, which is the Board’s default protective order, as the
`
`protective order in this case.
`
`IT IS:
`
`ORDERED that Patent Owner’s Motion to Seal is granted and Exhibit
`
`2001 shall be sealed; and
`
`FURTHER ORDERED that the Board’s default protective order is
`
`entered in this case as the protective order that covers Exhibit 2001.
`
`3
`
`
`
`IPR2017-00456
`Patent 8,634,894 B2
`
`
`PETITIONER:
`
`Justin Oliver
`Jason Dorsky
`FITZPATRICK, CELLA, HARPER & SCINTO
`Medtronic894IPR@fchs.com
`jdorsky@fchs.com
`
`
`
`PATENT OWNER:
`
`Neil A. Rubin
`C. Jay Chung
`Kent Shum
`RUSS AUGUST & KABAT
`nrubin@raklaw.com
`jchung@raklaw.com
`kshum@raklaw.com
`
`
`4
`
`
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