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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`__________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`__________
`
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`REGENERON PHARMACEUTICALS, INC.,
`Petitioner
`
`v.
`
`NOVARTIS PHARMA AG,
`NOVARTIS TECHNOLOGY LLC,
`NOVARTIS PHARMACEUTICALS CORPORATION,
`Patent Owners
`
`__________
`
`
`Case IPR2020-01318
`Patent 9,220,631
`
`__________
`
`
`PATENT OWNERS’ UNOPPOSED MOTION FOR A MODIFIED
`DEFAULT PROTECTIVE ORDER
`
`1
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`
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`U.S. Patent No. 9,220,631
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`Pursuant to 37 C.F.R. §§ 42.14, 42.22, and 42.54, Patent Owners Novartis
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`Pharma AG, Novartis Technology LLC, and Novartis Pharmaceuticals Corporation
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`(collectively, “Novartis”) request entry of the Modified Default Protective Order
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`submitted herewith as Exhibit 2047. A redline version showing differences
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`between the proposed Modified Default Protective Order and the Default
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`Protective Order is submitted as Exhibit 2048. The parties have met and conferred,
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`and Petitioner does not oppose this motion.
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`The parties have agreed to modify the Board’s Default Protective Order,
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`located in Appendix B of the Consolidated Trial Practice Guide, to (1) remove
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`default Section 2(A); (2) modify default Section 2(D) to limit in -house access to
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`one in-house attorney; and (3) modify the language for marking confidential
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`documents to match the language for designating confidential material set forth in
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`the protective order entered in the parties’ parallel proceeding before the
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`International Trade Commission (“ITC”).
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`Good cause exists to enter the parties’ proposed Modified Default Protective
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`Order. Consolidated Trial Practice Guide at 19-20; 37 C.F.R. § 42.54. The
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`protections provided by the Modified Default Protective Order are necessary
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`because Novartis will need to rely on information regarding its confidential
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`product development efforts related to its development of the subject matter of the
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`’631 patent and Novartis would likely suffer competitive harm if the details of its
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`2
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`U.S. Patent No. 9,220,631
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`research and development efforts are shared with the public or shared with
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`Regeneron employees beyond the in-house counsel provided access in the
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`Modified Default Protective Order. The Default Protective Order does not
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`adequately protect against these competitive harms. The proposed Modified
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`Default Protective Order is tailored to guard against harmful disclosures while
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`balancing the public’s interest in accessing the substance of this proceeding and the
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`need for Regeneron’s in-house counsel to adequately participate in this case.
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`To accommodate the immediate need to file and serve confidential
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`information in this proceeding, Novartis respectfully requests entry of this agreed
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`upon Modified Default Protective Order.
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`Dated: October 22, 2020
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`By:
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`
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`/Elizabeth J. Holland/
`Elizabeth J. Holland (Reg. No. 47,657)
`Lead Counsel for Patent Owners
`Goodwin Procter LLP
`620 Eighth Avenue
`New York, NY 10018
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`3
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`U.S. Patent No. 9,220,631
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`CERTIFICATE OF SERVICE
`A copy of this Patent Owners’ Unopposed Motion for a Modified Default
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`Protective Order has been served on Petitioner’s attorneys of record as follows via
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`electronic mail:
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`Elizabeth Stotland Weiswasser
`Weil, Gotshal & Manges LLP
`767 Fifth Avenue
`New York, NY 10153
`T: 212-310-8022
`F: 212-310-8007
`elizabeth.weiswasser@weil.com
`USPTO Reg. No. 55,721
`Anish R. Desai
`Weil, Gotshal & Manges LLP
`767 Fifth Avenue
`New York, NY 10153
`T: 212-310-8730
`F: 212-310-8007
`anish.desai@weil.com
`USPTO Reg. No. 73,760
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`Natalie Kennedy
`Weil, Gotshal & Manges LLP
`767 Fifth Avenue
`New York, NY 10153
`T: 212-310-8730
`F: 212-310-8007
`natalie.kennedy@weil.com
`USPTO Reg. No. 68,511
`Andrew Gesior
`Weil, Gotshal & Manges LLP
`767 Fifth Avenue
`New York, NY 10153
`T: 212-310-8730
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`
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`4
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`U.S. Patent No. 9,220,631
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`F: 212-310-8007
`andrew.gesior@weil.com
`USPTO Reg. No. 76,588
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`Brian E. Ferguson
`Weil, Gotshal & Manges LLP
`2001 M Street, N.W., Suite 600
`Washington, D.C. 20036
`T: 202-682-7000
`F: 202-857-0940
`brian.ferguson@weil.com
`USPTO Reg. No. 36,801
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`Christopher M. Pepe
`Weil, Gotshal & Manges LLP
`2001 M Street, N.W., Suite 600
`Washington, D.C. 20036
`T: 202-682-7000
`F: 202-857-0940
`christopher.pepe@weil.com
`USPTO Reg. No. 73,851
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`Regeneron.IPR.Service@weil.com
`Attorneys for Regeneron Pharmaceuticals, Inc.
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`
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`Dated: October 22, 2020
`By:
`/Elizabeth J. Holland/
`Elizabeth J. Holland (Reg. No. 47,657)
`Lead Counsel for Patent Owners
`Goodwin Procter LLP
`620 Eighth Avenue
`New York, NY 10018
`Phone: (212) 813-8800
`Fax: (212) 355-3333
`EHolland@goodwinlaw.com
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`5
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