`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`
`
`
`INTUITIVE SURGICAL, INC.,
`Petitioner,
`
`v.
`
`ETHICON LLC,
`Patent Owner.
`
`
`
`
`
`
`
`
`
`
`
`
`Case IPR2019-00880
`Patent 7,490,749
`
`
`
`
`
`
`
`PETITIONERS’ MOTION TO SEAL UNDER 37 CFR § 42.54
`
`
`
`
`
`Proceeding No. IPR2019-00880
`Attorney Docket No. 11030-0052IP1
`
`I. Introduction
`
`Petitioner (Intuitive) moves to seal portions of the Petitioner’s Reply that
`
`rely on Exhibits 2003, 2004, 2005, 2006, 2008, 2009, and 2017 pursuant to 37
`
`C.F.R. §§ 42.14 and 42.54, and in accordance with the stipulated Proposed
`
`Protective Order submitted with Ethicon’s Motion to Seal (Paper 17).
`
`II. Good Cause Exists for Sealing Portions of the Petitioner’s Reply
`Portions of the Petitioner’s Reply describe information in Exhibits 2003,
`
`2004, 2005, 2006, 2008, 2009, and 2017 that Ethicon represents are confidential
`
`and proprietary. See Paper 17 at 2-3. Ethicon represents that this confidential and
`
`proprietary research and development information, if publicly disclosed, would
`
`substantially harm Ethicon’s competitive position in the surgical instrument
`
`industry and ongoing work directed to, inter alia, surgical staplers. Id. at 4-5.
`
`According to Ethicon, this information, if not sealed, would provide competitors
`
`with valuable information regarding confidential research and development
`
`projects. Such information could also be used by a competitor to improve its
`
`products. Id.
`
`III. Certification of Non-Publication
`The undersigned certifies the information sought to be sealed has not been
`
`published or otherwise made public by Intuitive or Intuitive’s counsel. Ethicon
`
`represents the same. See Paper 17 at 5. Further, the confidentiality of this
`
`1
`
`
`
`Proceeding No. IPR2019-00880
`Attorney Docket No. 11030-0052IP1
`information has been consistently maintained by Intuitive during this proceeding,
`
`and any related proceedings.
`
`IV. Certification of Conference with Opposing Party Pursuant to 37 C.F.R.
`§42.54
`
`
`Intuitive has conferred in good faith with Ethicon and reached agreement as
`
`to the terms and the scope of the Proposed Protective Order attached to Ethicon’s
`
`Motion to Seal (Paper 17).
`
`V. Proposed Protective Order
`
`The Protective Order attached to Ethicon’s Motion to Seal (Paper 17) is also
`
`proposed by Intuitive. Per agreement of the parties, confidential information will
`
`be designated “Protective Order Material.”
`
`VI. Conclusion
`
`For the above reasons, Intuitive respectfully requests that portions of the
`
`Petitioner’s Reply be placed under seal. Petitioner simultaneously files a redacted
`
`version of the Petitioner’s Reply.
`
`Dated April 17, 2020
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Control No. IPR2019-00880)
`
`
`
`
`
`
`
`
`
`
`
`/Joshua A. Griswold/
`Steven R. Katz, Reg. No. 43,706
`Joshua A. Griswold, Reg. No. 46,310
`Kenneth W. Darby, Jr., Reg. No. 65,068
`John C. Phillips, Reg. No. 35,322
`Ryan P. O’Connor, Reg. No. 60,254
`Fish & Richardson P.C.
`
`Attorneys for Petitioner
`
`2
`
`
`
`Proceeding No. IPR2019-00880
`Attorney Docket No. 11030-0052IP1
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 CFR §§ 42.6(e)(4)(i) et seq. and 42.105(b), the undersigned
`
`certifies that on April 17, 2020 a complete and entire copy of this Petitioner’s
`
`Motion To Seal Under 37 CFR § 42.54 was provided via email, to the Patent
`
`Owner by serving the email correspondence addresses of record as follows:
`
`
`
`Anish R. Desai
`Elizabeth Stotland Weiswasser
`Adrian Percer
`Christopher T. Marando
`Christopher M. Pepe
`Kathryn M. Kantha
`Weil, Gotshal & Manges LLP
`767 Fifth Avenue
`New York, NY 10153
`
`Email:
`
`Ethicon.IPR.Service@weil.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/Christine Rogers/
`Christine Rogers
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`(650) 839-5092
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`