`Tel: 571-272-7822
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`Paper 68
`Date: April 7, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
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`
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`CARDIOVASCULAR SYSTEMS, INC.
`Petitioner,
`
`v.
`
`SHOCKWAVE MEDICAL, INC.,
`Patent Owner.
`
`
`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 18, 2020, Petitioner filed a motion to seal portions of
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`Exhibit 1365, the deposition transcript of Dr. Morten Olgaard Jensen, dated
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`February 24, 2020. Paper 58 (“Motion to Seal”). Petitioner represents that
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`“Counsel for petitioner and patent owner conferred on March 17, 2020 and
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`patent owner does not oppose this motion.” Id. at 2.
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`A motion to seal may be granted for “good cause.” 37 C.F.R. § 42.54.
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`The Board has a strong public interest in the public availability of the
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`proceedings. Our rules are intended to “strike a balance between the
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`public’s interest in maintaining a complete and understandable file history
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`and the parties’ interest in protecting truly sensitive information.” Office
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`Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,760 (Aug. 14, 2012)
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`(“Trial Practice Guide”). The Trial Practice Guide explains that “the rules
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`identify confidential information in a consistent with the Federal Rules of
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`Civil Procedure 26(c)(1)(G), which provides for protective orders for trade
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`secret or other confidential research, development, or commercial
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`information.” Id. We previously entered Paper 57 as the Protective Order in
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`this proceeding. See Paper 67.
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`A redacted version of Exhibit 1365 was submitted by Patent Owner as
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`Exhibit 2205. Motion to Seal 1. Petitioner explains that Dr. Jensen’s
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`testimony about “the relationship between his previous employer and the
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`identified companies is confidential and remains confidential to his
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`knowledge.” Id. at 2. Furthermore, Petitioner states that Dr. Jensen
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`“disclosed the names after being told the information would remain
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`confidential in these proceedings.” Id. Petitioner also argues that the
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`redactions “are minimal and the record remains understandable to the public
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`with the limited redactions.” Id.
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`2
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`
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`IPR2019-00409
`Patent 8,728,091 B2
`
`Having considered the arguments and evidence, we are persuaded that
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`Petitioner has made a sufficient showing that the specified portions of
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`unredacted Exhibit 1365 contains confidential, proprietary, or trade secret
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`information. We therefore, grant the Motion to Seal Exhibit 1365.
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`We remind the parties that information subject to a protective order
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`will become public if identified in a final written decision in this proceeding
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`and that a motion to expunge such information will not necessarily prevail
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`over the public interest in maintaining a complete and understandable file
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`history for the challenged patent. See Trial Practice Guide at 48,760–61.
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`ORDERED that the Motion to Seal unredacted Exhibit 1365 is
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`ORDER
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`granted.
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`
`
`3
`
`
`
`IPR2019-00409
`Patent 8,728,091 B2
`
`PETITIONER:
`Mark C. Nelson
`Jeffrey Stone
`mstone@btlaw.com
`jstone@btlaw.com
`
`
`PATENT OWNER:
`Greg H. Gardella
`Natalie J. Grace
`Ruth G. Davila
`W. Cook Alciati
`GARDELLA GRACE P.A.
`ggardella@gardellagrace.com
`ngrace@gardellagrace.com
`rdavila@gardellagrace.com
`calciati@gardellagrace.com
`
`Michael Stallman
`Morrison & Foerster LLP
`mstallman@mofo.com
`
`
`4
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`
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