`571.272.7822
`
`Paper No. 29
` Filed: January 29, 2018
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ARGENTUM PHARMACEUTICALS LLC,
`Petitioner,
`
`v.
`
`ALCON RESEARCH, LTD.,
`Patent Owner.
`_______________
`
`Case IPR2017-01053
`Patent 8,268,299 B2
`_______________
`
`
`Before GRACE KARAFFA OBERMANN and SUSAN L. C. MITCHELL,
`Administrative Patent Judges.
`
`OBERMANN, Administrative Patent Judge.
`
`
`ORDER
`Granting Patent Owner’s Motion to Unseal and
`Motion for Entry of Default Standing Protective Order
`35 U.S.C. § 316; 37 C.F.R. §§ 42.5(a), 14, 42.54
`
`
`
`
`
`
`
`
`
`IPR2017-01053
`Patent 8,268,299 B2
`
`
`
`On December 22, 2017, Patent Owner filed a Motion to Seal directed
`to Exhibits 2008–2022, 2029, and 2040–2058, including a request for entry
`of a protective order. See generally Paper 24 (“First Motion to Seal”). On
`January 19, 2018, we denied the First Motion to Seal, including the request
`for entry of a protective order. Paper 27, 8 (“Order Denying the First
`Motion to Seal”). However, we authorized Patent Owner to file a Second
`Motion to Seal or, alternatively, a Motion to Unseal directed to any exhibit
`that was the subject of the First Motion to Seal. Id.
`On January 25, 2018, Patent Owner filed a Motion to Unseal that is
`directed to all of the exhibits that were the subject of the First Motion to
`Seal; that is, Exhibits 2008–2022, 2029, and 2040–58. Paper 28, 1 (“Motion
`to Unseal”). The Motion to Unseal includes a request to enter the Board’s
`Default Standing Protective Order (Exhibit 2140). Patent Owner certifies
`that Petitioner consents to the request for entry of the Default Standing
`Protective Order “and will not be filing an opposition.” Paper 28, 2.
`Unsealing Exhibits 2008–2022, 2029, and 2040–58 will promote an
`open and understandable public record of this proceeding. In that regard,
`our rules specifically establish a preference for public availability of
`documents filed in an inter partes review. 37 C.F.R. § 42.14. Accordingly,
`we determine that Patent Owner establishes good cause for granting the
`Motion to Unseal. The Board shall unseal Exhibits 2008–2022, 2029, and
`2040–58 contemporaneously with this Order.
`Patent Owner also states facts sufficient to establish good cause for
`granting the unopposed request for entry of the Board’s Default Standing
`Protective Order (Ex. 2140). Paper 28, 1. Our rules allow a party, filing a
`motion to seal confidential information, to file also a request for entry of a
`
`2
`
`
`
`IPR2017-01053
`Patent 8,268,299 B2
`
`
`protective order. 37 C.F.R. §§ 42.54, 42.55. In this case, although no
`motion to seal presently is pending, entry of the Board’s Default Standing
`Protective Order will allow the parties to freely exchange with each other
`confidential information that neither party intends to file in the record of the
`proceeding. Paper 28, 1. That free exchange of information promotes a just,
`speedy, and efficient resolution of the parties’ dispute. See id. According,
`we grant Patent Owner’s unopposed request for entry of the Board’s Default
`Standing Protective (Ex. 2140), which will govern both the exchange and
`filing of confidential information in this proceeding unless otherwise
`modified. 37 C.F.R. § 42.5 (authorizing the Board to “determine a proper
`course of conduct” “for any situation not specifically covered by” the rules).
`
`
`ORDER
`
`It is
`ORDERED that Patent Owner’s Motion to Unseal is granted;
`FURTHER ORDERED that Exhibits 2008–2022, 2029, and 2040–58
`shall be unsealed contemporaneously with this Order;
`FURTHER ORDERED that Patent Owner’s unopposed request for
`entry of the Board’s Default Standing Protective Order (Ex. 2140) is
`granted; and
`FURTHER ORDERED that the Board’s Default Standing Protective
`Order (Ex. 2140) shall govern the exchange and filing of confidential
`information in this proceeding unless otherwise modified.
`
`
`
`3
`
`
`
`
`
`IPR2017-01053
`Patent 8,268,299 B2
`
`For PETITIONER:
`
`Michael R. Houston, Ph.D.
`Joseph P. Meara, Ph.D.
`James P. McParland, Ph.D.
`FOLEY & LARDNER LLP
`mhouston@foley.com
`jmeara-pgp@foley.com
`jmcparland@foley.com
`
`Tyler C. Liu
`ARGENTUM PHARMACEUTICALS LLC
`tliu@agpharm.com
`
`
`For PATENT OWNER:
`
`David Krinsky
`Christopher Suarez
`Adam Perlman
`Alexander Zolan
`WILLIAMS & CONNOLLY LLP
`dkrinsky@wc.com
`csuarez@wc.com
`aperlman@wc.com
`azolan@wc.com
`
`
`4
`
`
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