`571.272.7822
`
`
`
`
`
` Paper No. 90
`
` Entered: April 3, 2019
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SANOFI-AVENTIS U.S. LLC, GENZYME CORP., and REGENERON
`PHARMACEUTICALS, INC.,
`Petitioner,
`
`v.
`
`IMMUNEX CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2017-01879
`Patent 8,679,487 B2
`____________
`
`
`Before JAMES T. MOORE, GRACE KARAFFA OBERMANN, and
`TINA E. HULSE, Administrative Patent Judges.
`
`HULSE, Administrative Patent Judge.
`
`
`
`
`
`ORDER
`Granting Patent Owner’s Motion to Preserve the Record Pending Appeal
`37 C.F.R. §§ 42.5, 42.56
`
`
`
`
`
`
`
`
`IPR2017-01879
`Patent 8,679,487 B2
`On February 14, 2019, the panel issued a Final Written Decision,
`holding that Petitioner had not shown, by a preponderance of the evidence,
`the unpatentability of the challenged claims in this proceeding. Paper 88.
`On April 1, 2019, Patent Owner filed a Motion to Preserve the Record
`Pending Appeal. Paper 89. Patent Owner represents that Petitioner does not
`oppose the Motion. Id. at 1. Patent Owner’s Motion is granted.
`We previously granted Patent Owner’s motions to file Exhibits 2012–
`2016, portions of Exhibits 1232–1237 and 1239, and portions of Petitioners’
`Reply to Patent Owner’s Response (Paper 49) under seal pursuant to the
`Modified Protective Order. Paper 22; Paper 87. Those documents
`ordinarily would become public 45 days after the Final Written Decision is
`entered, which would be March 31, 2019. See Office Patent Trial Practice
`Guide, 77 Fed. Reg. 48,756, 48,761 (Aug. 14, 2012). If a party wishes to
`preserve the confidentiality of documents filed under seal, the party may file
`a motion to expunge them from the record. 37 C.F.R. § 42.56. Patent
`Owner states that the deadline for filing a Notice of Appeal in this case is
`April 18, 2019, which is after the deadline to unseal or expunge the sealed
`documents. Paper 89, 3. Petitioner has not yet filed a Notice of Appeal in
`this proceeding.
`Patent Owner argues that “[i]f the record is not preserved in its
`entirety including any sealed portions and an appeal is taken, the Federal
`Circuit may not be able to fully consider the issues discussed in the Final
`Written Decision, which would cause prejudice to both Parties.” Id. at 5.
`We find Patent Owner’s argument persuasive. We therefore authorize the
`parties, if they choose to do so, to file their respective motion to expunge
`sealed documents within 45 days of the expiration of the time for filing a
`
`1
`
`
`
`IPR2017-01879
`Patent 8,679,487 B2
`Notice of Appeal, or, if an appeal is filed, within 45 days of the conclusion
`of any such appeal.
`
`Accordingly, it is
`ORDERED that Patent Owner’s Motion to Preserve the Record
`Pending Appeal is granted;
`FURTHER ORDERED that the record in this proceeding will be
`preserved, including all confidential pleadings and exhibits as sealed
`documents, until 45 days after (a) the time for filing a Notice of Appeal
`expires, or (b) a final disposition of any appeal taken;
`FURTHERED ORDERED that the parties are authorized to file a
`motion to expunge the documents filed under seal in this proceeding within
`45 days of the expiration of the time for filing a Notice of Appeal, or, if an
`appeal is filed, within 45 days of the conclusion of any such appeal; and
`FURTHER ORDERED that if no motion to expunge is filed within
`the time frame set forth in this Order, the documents filed under seal will be
`unsealed.
`
`
`
`
`
`
`
`2
`
`
`
`IPR2017-01879
`Patent 8,679,487 B2
`For PETITIONER:
`
`Lauren Fornarotto
`John Garvish
`John Campbell
`Matthew Cameron
`McKOOL SMITH P.C.
`lfornarotto@mckoolsmith.com
`jgarvish@mckoolsmith.com
`jcampbell@mckoolsmith.com
`mcameron@mckoolsmith.com
`
`
`For PATENT OWNER:
`
`Eldora L. Ellison
`David H. Holman
`David W. Roadcap
`Jaime M. Canaves
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`eellison-PTAB@skgf.com
`dholman-PTAB@skgf.com
`droadcap-PTAB@skgf.com
`jcanaves-PTAB@skgf.com
`
`
`3
`
`
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
