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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`BECTON, DICKINSON AND COMPANY,
`Petitioner,
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`v.
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`B. BRAUN MELSUNGEN AG,
`Patent Owner
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`Case IPR2017-01589
`U.S. Patent No. 8,597,249
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`PETITIONER’S MOTION TO SEAL
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`IPR2017-01589
`Petitioner’s Motion to Seal
`Petitioner Becton, Dickinson and Company (“BD” or “Petitioner”)
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`respectfully submits this Motion to Seal.
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`I. RELIEF REQUESTED
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`Pursuant to 37 C.F.R. §§ 42.14 and 42.54, and for the reasons set forth
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`below, Petitioner Becton, Dickinson & Company hereby moves for leave to file
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`under seal the redacted information contained within Petitioner’s Reply,
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`Petitioner’s Opposition to Patent Owner’s Contingent Motion to Amend, as well as
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`the exhibits and declarations filed in connection therewith.
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`II. GOOD CAUSE FOR RELIEF REQUESTED
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`Although “the default rule is that all papers filed in an inter partes review
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`are open and available for access by the public,” a party may file a motion with the
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`Board to seal confidential information that is protected from disclosure. Garmin v.
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`Cuozzo, IPR2012-00001, Paper No. 34 (PTAB March 14, 2013). “The standard
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`for granting a motion to seal is ‘for good cause.’” Id. (quoting 37 C.F.R § 42.54).
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`The Office Patent Trial Practice Guide, 77 Fed. Reg. 48756, 48760 (Aug. 14,
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`2012), states that the “rules identify confidential information in a manner
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`consistent with Federal Rule of Civil Procedure (“FRCP”) 26(c)(1)(G), which
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`provides for protective orders for trade secret or other confidential research,
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`development, or commercial information.”
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`1
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`IPR2017-01589
`Petitioner’s Motion to Seal
`The parties have conferred and agreed to the provisions of the Protective
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`Order set forth in Exhibit 2025 and have stipulated to be bound to the terms set
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`forth therein. Exhibit 2026 shows the proposed modifications from the Board’s
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`Default Protective Order, to which the parties have stipulated, in redline. The
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`Protective Order provides:
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`(ii) Where confidentiality is alleged as to some but not all of the information
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`submitted to the Board, the submitting party shall file confidential and non-
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`confidential versions of its submission, together with a Motion to Seal the
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`confidential version setting forth the reasons why the information redacted
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`from the non-confidential version is confidential and should not be made
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`available to the public. The nonconfidential version of the submission shall
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`clearly indicate the locations of information that has been redacted. The
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`confidential version of the submission shall be filed under seal. The
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`redacted information shall remain under seal unless, upon motion of a party
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`and after a hearing on the issue, or sua sponte, the Board determines that
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`some or all of the redacted information does not qualify for confidential
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`treatment.
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`(Ex. 2025).
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`Here, Exhibits 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052,
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`1053, 1054, 1056, 1057, 1062, 1063, 1088, 1089, 1090, and 1091 and the redacted
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`2
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`IPR2017-01589
`Petitioner’s Motion to Seal
`portions of Petitioner’s Reply, Petitioner’s Opposition to Patent Owner’s
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`Contingent Motion to Amend, and the accompanying Griffis and Stout declarations
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`(Exhibits 1064 and 1065) consist of or describe certain documents that Petitioner
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`has designated as PROTECTIVE ORDER MATERIAL, indicating that they
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`contain or reflect confidential, proprietary, trade secret, and/or commercially
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`sensitive information. Petitioner’s confidential documents largely consist of
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`product development, technical, and market analysis documents. These materials
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`contain detailed information about Petitioner’s process for designing and
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`developing products and confidential technical details of those products. They also
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`contain detailed information about Petitioner’s market and competitor analysis.
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`Petitioner’s interest in protecting its confidential business information outweighs
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`the public’s interest in viewing that information. See Garmin, Paper 36 at 9
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`(finding that the public’s interest in having access to a party’s confidential business
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`information, not related to patent validity, is “minimal”). Furthermore, Petitioner
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`is seeking to seal only portions of Petitioner’s Reply, Petitioner’s Opposition to
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`Patent Owner’s Contingent Motion to Amend, and the accompanying declarations
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`to the extent it reveals the confidential information. Accordingly, Petitioner is
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`submitting a redacted, public version of Petitioner’s Reply, Petitioner’s Opposition
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`to Patent Owner’s Contingent Motion to Amend, Supplemental Declaration of Jack
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`Griffis, III in Support of Petitioner’s Reply and Opposition to Motion to Amend,
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`3
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`IPR2017-01589
`Petitioner’s Motion to Seal
`and Declaration of Marty Stout in Support of Petitioner’s Oppositions to Motions
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`to Amend rather than sealing these documents. See Office Patent Trial Practice
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`Guide, 77 Fed. Reg. 48756-01, 48761 (Aug. 14, 2012) (noting that parties are
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`encouraged “to redact sensitive information, where possible, rather than seeking to
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`seal entire documents”). Based on Petitioner’s designations, there is good cause to
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`seal the designated information and exhibits.
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`III. CERTIFICATION OF NON-PUBLICATION
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`The undersigned counsel certifies the information sought to be sealed by this
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`Motion to Seal has not, to their knowledge, been published or otherwise made
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`public. Petitioner made efforts to maintain the confidentiality of this information
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`in a related district court proceeding. In that district court proceeding, much of the
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`information that Petitioner presently moves to seal was produced pursuant to a
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`Protective Order agreed upon by the Parties and was designated
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`“CONFIDENTIAL OUTSIDE COUNSEL ONLY” pursuant to that Protective
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`Order.
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`IV. CONCLUSION
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`For the reasons set forth above, Petitioner respectfully requests the Board
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`grant its motion to seal.
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`4
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`Dated: June 27, 2018
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`IPR2017-01589
`Petitioner’s Motion to Seal
`Respectfully submitted,
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`By: /Heather M. Petruzzi/
` Heather M. Petruzzi (71,270)
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`Counsel for Petitioner
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