`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________________________________
`
`RTI SURGICAL, INC.
`Petitioner,
`
`v.
`
`LIFENET HEALTH
`Patent Owner.
`________________________
`
`Case Nos. IPR2019-00569 and IPR2019-005701
`U.S. Patent Nos. 6,458,158 and 8,182,532
`________________________
`
`
`
`PATENT OWNER’S MOTION TO SEAL
`
`
`
`1 A word-for-word identical paper has been filed in each proceeding
`identified in the heading.
`
`
`
`Patent Owner’s Motion to Seal
`Case Nos. IPR2019-00569, IPR2019-00570
`U.S. Patent Nos. 6,458,158; 8,182,532
`
`
`Pursuant to 37 C.F.R. §§ 42.14 and 42.54 and the Default Protective Order
`
`set forth in Appendix B to the Office Patent Trial Practice Guide, Patent Owner
`
`LifeNet Health (“LifeNet”) hereby moves to seal Exhibit 2073, “LifeNet VG2
`
`Product Revenues.”
`
`LifeNet certifies that it accepts and agrees to the terms of the Default
`
`Protective Order.
`
`The record of an inter partes review proceeding, including documents and
`
`things, is made available to the public, except as otherwise ordered. 37 C.F.R.
`
`§ 42.14. Despite the default rule of public availability, the Board will seal
`
`confidential information for “good cause,” because it is necessary 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.” 37 C.F.R. § 42.54(a); 77 Fed. Reg. 48756, 48760 (Aug. 14, 2012).
`
`Exhibit 2073 contains financial information that is confidential to LifeNet
`
`and has not been made public. LifeNet has designated Exhibit 2073 as confidential
`
`pursuant to the Default Protective Order.
`
`LifeNet’s confidential information, such as that contained in Exhibit 2073
`
`should be kept confidential because its disclosure could provide competitors with
`
`an unfair advantage in their efforts to compete, and therefore would be harmful to
`
`- 1 -
`
`
`
`Patent Owner’s Motion to Seal
`Case Nos. IPR2019-00569, IPR2019-00570
`U.S. Patent Nos. 6,458,158; 8,182,532
`
`
`the parties. The harm to LifeNet of disclosing its truly sensitive information
`
`outweighs any public interest in maintaining a complete and understandable file
`
`history. Accordingly, there is good cause to place Exhibit 2073 under seal, and
`
`LifeNet respectfully requests the same. LifeNet also requests that the portions of
`
`its Response that discuss the content of Exhibit 2073 be placed under seal. A
`
`redacted version of LifeNet’s Response will be filed separately.
`
`Certification under 37 C.F.R. § 42.54(a)
`
`Pursuant to 37 C.F.R. § 42.54(a), Patent Owner hereby certifies that it has in
`
`good faith conferred with RTI in an effort to resolve the dispute. Petitioner will
`
`not oppose LifeNet’s Motion to Seal.
`
`
`
`Date: November 26, 2019
`
`
`Respectfully submitted,
`
`/Michael H. Jacobs/
`Michael H. Jacobs
`Reg. No. 41,870
`Crowell & Moring LLP
`1001 Pennsylvania Ave, NW
`Washington, DC 20004-2595
`
`- 2 -
`
`
`
`Patent Owner’s Motion to Seal
`Case Nos. IPR2019-00569, IPR2019-00570
`U.S. Patent Nos. 6,458,158; 8,182,532
`
`
`Certificate of Service
`
`The undersigned certifies that on the date indicated below a copy of the
`
`foregoing PATENT OWNER’S MOTION TO SEAL was served electronically by
`
`filing these documents through the PTAB e2e System, as well as by e-mailing a
`
`copy to the following counsel of record for Petitioner:
`
`Herbert D. Hart III
`hhart@mcandrews-ip.com
`
`David D. Headrick
`dheadrick@mcandrews-ip.com
`
`Steven J. Hampton
`shampton@mcandrews-ip.com
`
`Gregory C. Schodde
`gschodde@mcandrews-ip.com
`
`Scott P. McBride
`smcbride@mcandrews-ip.com
`
`Peter J. Lish
`plish@mcandrews-ip.com
`
`RTI158IPR@mcandrews-ip.com; RTI532IPR@mcandrews-ip.com;
`
`
`
`
`
`Date: November 26, 2019
`
`
`Respectfully submitted,
`/Michael H. Jacobs/
`Michael H. Jacobs
`Reg. No. 41,870
`Crowell & Moring LLP
`1001 Pennsylvania Ave, NW
`Washington, DC 20004-2595
`
`
`
`
`
`
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