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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`INTUITIVE SURGICAL, INC.,
`Petitioner,
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`v.
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`ETHICON LLC,
`Patent Owner.
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`Case IPR2019-00880
`Patent 7,490,749
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`PETITIONERS’ MOTION TO SEAL UNDER 37 CFR § 42.54
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`Proceeding No. IPR2019-00880
`Attorney Docket No. 11030-0052IP1
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`I. Introduction
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`Petitioner (Intuitive), pursuant to 37 C.F.R. §§ 42.14 and 42.54, and in
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`accordance with the stipulated Proposed Protective Order submitted with Ethicon’s
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`Motion to Seal (Paper 17), moves to seal portions of the Petitioner’s Reply to
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`Patent Owner’s Opposition to Petitioner’s Motion to Exclude that rely on, or
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`otherwise implicate, Exhibits 2003-2007 and 2009.
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`II. Good Cause Exists for Sealing Portions of the Petitioner’s Reply to
`Patent Owner’s Opposition to Petitioner’s Motion to Exclude
`Portions of the Petitioner’s Reply to Patent Owner’s Opposition to
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`Petitioner’s Motion to Exclude describe information in Exhibits 2003-2007 and
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`2009 that Ethicon represents is confidential and proprietary. See Paper 17 at 2-3.
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`Ethicon represents that this confidential and proprietary research and development
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`information, if publicly disclosed, would substantially harm Ethicon’s competitive
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`position in the surgical instrument industry and ongoing work directed to, inter
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`alia, surgical staplers. Id. at 4-5. According to Ethicon, this information, if not
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`sealed, would provide competitors with valuable
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`information
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`regarding
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`confidential research and development projects. Such information could also be
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`used by a competitor to improve its products. Id.
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`Proceeding No. IPR2019-00880
`Attorney Docket No. 11030-0052IP1
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`III. Certification of Non-Publication
`The undersigned certifies the information sought to be sealed has not been
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`published or otherwise made public by Intuitive or Intuitive’s counsel. Ethicon
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`represents the same. See Paper 17 at 5.
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`IV. Certification of Conference with Opposing Party Pursuant to 37 C.F.R.
`§42.54
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`Intuitive has conferred in good faith with Ethicon and reached agreement as
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`to the terms and the scope of the Proposed Protective Order attached to Ethicon’s
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`Motion to Seal (Paper 17).
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`V. Proposed Protective Order
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`The Protective Order attached to Ethicon’s Motion to Seal (Paper 17) is also
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`proposed by Intuitive. Per agreement of the parties, confidential information will
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`be designated “Protective Order Material.”
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`VI. Conclusion
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`For the above reasons, Intuitive respectfully requests that portions of the
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`Petitioner’s Motion to Exclude be placed under seal. Petitioner simultaneously
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`files a redacted version of the Petitioner’s Motion to Exclude.
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`Proceeding No. IPR2019-00880
`Attorney Docket No. 11030-0052IP1
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`Dated June 26, 2020
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`(Control No. IPR2019-00880)
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`/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.
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`Attorneys for Petitioner
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`3
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`Proceeding No. IPR2019-00880
`Attorney Docket No. 11030-0052IP1
`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR §§ 42.6(e)(4)(i) et seq. and 42.105(b), the undersigned
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`certifies that on June 26, 2020 a complete and entire copy of this Petitioner’s
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`Motion To Seal Under 37 CFR § 42.54 was provided via email, to the Patent
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`Owner by serving the email correspondence addresses of record as follows:
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`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
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`Email:
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`Ethicon.IPR.Service@weil.com
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`/Christine Rogers/
`Christine Rogers
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`(650) 839-5092
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`4
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