`Tel: 571-272-7822
`
`Paper 67
`Date: April 7, 2020
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
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`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`CARDIOVASCULAR SYSTEMS, INC.
`Petitioner,
`v.
`SHOCKWAVE MEDICAL, INC.,
`Patent Owner.
`
`
`Case IPR2019-00409
`Patent 8,728,091 B2
`
`
`Before MITCHELL WEATHERLY, RICHARD MARSCHALL, and
`AVELYN M. ROSS, Administrative Patent Judges.
`
`ROSS, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. §§ 42.14 and 42.54
`
`
`
`
`
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`
`
`IPR2019-00409
`Patent 8,728,091 B2
`On March 19, 2020, Petitioner filed a motion to seal Exhibit 2206, the
`deposition transcript of Dr. Morten Olgaard Jensen, dated February 26,
`2020. Paper 59 (“Motion to Seal”). Petitioner represents that “[t]he parties
`conferred on March 17, 2020, and patent owner does not oppose this
`motion.” Id. at 3. The Parties filed a Joint Stipulated Default Protective
`Order on March 17, 2020. Paper 57 (“Protective Order”).
`A motion to seal may be granted for “good cause.” 37 C.F.R. § 42.54.
`The Board has a strong public interest in the public availability of the
`proceedings. Our rules are intended to “strike a balance between the
`public’s interest in maintaining a complete and understandable file history
`and the parties’ interest in protecting truly sensitive information.” Office
`Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,760 (Aug. 14, 2012)
`(“Trial Practice Guide”). The Trial Practice Guide explains that “the rules
`identify confidential information in a consistent with the Federal Rules of
`Civil Procedure 26(c)(1)(G), which provides for protective orders for trade
`secret or other confidential research, development, or commercial
`information.” Id.
`A redacted version of Exhibit 2206 was submitted by Petitioner as
`Exhibit 1366. Motion to Seal 1. Petitioner explains that Dr. Jensen testified
`“that he is engaged in a separate confidential relationship with
`Cardiovascular Systems Inc., where he is retained to provide opinions on
`certain patents related to angioplasty” but that “engagement is confidential
`and unrelated to his expert status in the instant action.” Id. at 2. Petitioner
`also argues that the redactions “are minimal and the record remains
`understandable to the public with the limited redactions.” Id.
`
`2
`
`
`
`IPR2019-00409
`Patent 8,728,091 B2
`Having considered the arguments and evidence, we are persuaded that
`Petitioner has made a sufficient showing that unredacted Exhibit 2206
`contains confidential, proprietary, or trade secret information. We therefore,
`grant the Motion to Seal Exhibit 2206 and order entry of the Protective
`Order as requested.
`We remind the parties that information subject to a protective order
`will become public if identified in a final written decision in this proceeding
`and that a motion to expunge such information will not necessarily prevail
`over the public interest in maintaining a complete and understandable file
`history for the challenged patent. See Trial Practice Guide at 48,760–61.
`
`ORDER
`ORDERED that the Motion to Seal unredacted Exhibit 2206 is
`granted;
`FURTHER ORDERED that the Joint Stipulated Default Protective
`Order (Paper 57) is hereby entered.
`
`
`3
`
`
`
`IPR2019-00409
`Patent 8,728,091 B2
`PETITIONER:
`Mark C. Nelson
`Jeffrey Stone
`Barnes & Thornburg LLP
`mstone@btlaw.com
`jstone@btlaw.com
`
`
`PATENT OWNER:
`Greg H. Gardella
`Natalie J. Grace
`Ruth G. Davila
`W. Cook Alciati, Admitted Pro Hac Vice
`GARDELLA GRACE P.A.
`ggardella@gardellagrace.com
`ngrace@gardellagrace.com
`rdavila@gardellagrace.com
`calciati@gardellagrace.com
`
`
`Michael Stallman, Reg.
`Morrison & Foerster LLP
`mstallman@mofo.com
`
`
`4
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`
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