Paper: 120
`Trials@uspto.gov
`Tel: 571-272-7822
`
`Date: January 24, 2023
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`REGENERON PHARMACEUTICALS, INC.,
`Petitioner,
`
`v.
`
`NOVARTIS PHARMA AG, NOVARTIS TECHOLOGY LLC,
`NOVARTIS PHARMACEUTICALS CORPORATION,
`Patent Owner.
`_____________
`
`IPR2021-00816
`Patent 9,220,631 B2
`______________
`
`Before ERICA A. FRANKLIN, ROBERT L. KINDER, and
`JAMIE T. WISZ, Administrative Patent Judges.
`
`FRANKLIN, Administrative Patent Judge.
`
`
`
`
`
`ORDER
`Granting Joint Motion to Seal the Final Written Decision;
`Preserving the Record Pending Appeal; and Extending the Deadline for
`Filing a Motion to Expunge Sealed Documents
`37 C.F.R. §§ 42.14, 42.54, 42.56
`
`
`
`
`
`Trials@uspto.gov
`Tel: 571-272-7822
`
`Date: January 24, 2023
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`REGENERON PHARMACEUTICALS, INC.,
`Petitioner,
`
`v.
`
`NOVARTIS PHARMA AG, NOVARTIS TECHOLOGY LLC,
`NOVARTIS PHARMACEUTICALS CORPORATION,
`Patent Owner.
`_____________
`
`IPR2021-00816
`Patent 9,220,631 B2
`______________
`
`Before ERICA A. FRANKLIN, ROBERT L. KINDER, and
`JAMIE T. WISZ, Administrative Patent Judges.
`
`FRANKLIN, Administrative Patent Judge.
`
`
`
`
`
`ORDER
`Granting Joint Motion to Seal the Final Written Decision;
`Preserving the Record Pending Appeal; and Extending the Deadline for
`Filing a Motion to Expunge Sealed Documents
`37 C.F.R. §§ 42.14, 42.54, 42.56
`
`
`
`
`
`
`IPR2021-00816
`Patent 9,220,631 B2
`
`INTRODUCTION
`I.
`As noted in our Order, Paper 115, on October 25, 2022, the Final
`Written Decision (“Decision,” Paper 113) in this proceeding was entered
`into the record as available to “Board and Parties Only” to provide the
`parties with an opportunity to meet and confer and jointly submit a proposed
`redacted version of the Decision for the public. The Decision refers to
`exhibits and information that we have previously sealed pursuant to the
`Second Modified Default Protective Order (Paper 103) entered on July 8,
`2022. The confidential materials were protected pursuant to our orders
`granting motions to seal filed by Novartis Pharma AG, Novartis Technology
`LLC, and Novartis Pharmaceuticals Corporation (collectively, “Novartis”)
`and a motion to seal filed by Regeneron Pharmaceuticals, Inc.
`(“Regeneron”). See Papers 22, 103, 105 (orders granting motions to seal).
`In accordance with our instruction, the parties have filed a joint
`motion to seal the Final Written Decision, Paper 117 (“Mot.”), along with a
`proposed redacted version of the Final Written Decision, Exhibit 1257. For
`the reasons explained below, we grant the joint motion.
`II. DISCUSSION
`“There is a strong public policy for making all information filed in a
`quasi-judicial administrative proceeding open to the public, especially in an
`inter partes review which determines the patentability of claims in an issued
`patent and therefore affects the rights of the public.” Garmin Int’l v. Cuozzo
`Speed Techs., LLC, IPR2012-00001, Paper 34, 1–2 (PTAB Mar. 14, 2013).
`A motion to seal may be granted for good cause. 37 C.F.R. § 42.54. The
`moving party or parties must show that there is good cause for the relief
`requested, including why the information is appropriate to be filed under
`
`
`
`2
`
`
`
`IPR2021-00816
`Patent 9,220,631 B2
`seal. 37 C.F.R. §§ 42.20, 42.54; see also Argentum Pharms. LLC v. Alcon
`Research, Ltd., IPR2017-01053, Paper 27 at 3–4 (PTAB Jan. 19, 2018)
`(informative) (discussing factors the Board may consider when deciding
`whether to grant a motion to seal documents asserted to contain confidential
`information).
`In the motion, the parties assert that good cause exists for sealing
`portions of the Final Written Decision because those portions refer to
`confidential research and development information, along with confidential
`commercial and financial information, submitted previously by the parties in
`this proceeding. Mot. 2–5. As noted above, those referenced materials were
`previously sealed.
`Accordingly, based on our consideration of the motion and proposed
`redactions to the Final Written Decision, we determine that the parties have
`shown good cause to seal the confidential version of the Final Written
`Decision.
`The parties are advised that any papers or exhibits that are currently
`sealed in this case ordinarily would become public 45 days after final
`judgment. See Patent Trial and Appeal Board Consolidated Trial Practice
`Guide, 1 21–22. Based on the circumstances involved here, including the
`timing of the joint motion, we preserve the entire record of this proceeding,
`including all confidential papers and exhibits as sealed documents, pending
`appeal.
`
`
`1 Patent Trial and Appeal Board Consolidated Trial Practice Guide
`(November 2019), available at
`https://www.uspto.gov/sites/default/files/documents/tpgnov.pdf.
`3
`
`
`
`
`
`IPR2021-00816
`Patent 9,220,631 B2
`Further, we extend the deadline for filing a motion to expunge
`documents under 37 C.F.R. § 42.56 to ten business days after final
`disposition of an appeal.
`
`
`III. ORDER
`In accordance with the foregoing, it is hereby:
`ORDERED that the joint motion to seal the confidential version of the
`Final Written Decision, Paper 113, is granted;
`FURTHER ORDERED that the jointly filed redacted version of the
`Final Written Decision, Exhibit 1257, shall be entered by the Board as
`available to the public;
`FURTHER ORDERED that the record in this proceeding shall be
`preserved, including all confidential pleadings and exhibits as sealed
`documents, until ten business days after final disposition of an appeal; and
`FURTHER ORDERED that the time for filing a motion to expunge
`documents under 37 C.F.R. § 42.56 is extended to ten business days after
`final disposition of an appeal.
`
`
`
`
`
`
`
`4
`
`
`
`IPR2021-00816
`Patent 9,220,631 B2
`For PETITIONER:
`Elizabeth Weiswasser
`Anish Desai
`Christopher Pepe
`WEIL, GOTSHAL & MANGES LLP
`elizabeth.weiswasser@weil.com
`anish.desai@weil.com
`christopher.pepe@weil.com
`
`For PATENT OWNER:
`Elizabeth Holland
`William James
`Nicholas Mitrokostas
`Allen & Overy LLP
`elizabeth.holland@allenovery.com
`william.james@allenovery.com
`nicholas.mitrokostas@allenovery.com
`
`Duncan Greenhalgh
`Linnea Cipriano
`Joshua Weinger
`GOODWIN PROCTER LLP
`lcipriano@goodwinlaw.com
`jweinger@goodwinprocter.com
`dgreenhalgh@goodwinlaw.com
`
`
`
`5
`
`
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