UNITED STATES PATENT AND TRADEMARK OFFICE
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`__________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`__________
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`REGENERON PHARMACEUTICALS, INC.,
`Petitioner
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`v.
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`NOVARTIS PHARMA AG,
`NOVARTIS TECHNOLOGY LLC,
`NOVARTIS PHARMACEUTICALS CORPORATION,
`Patent Owners
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`__________
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`Case IPR2021-00816
`Patent 9,220,631
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`__________
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`PATENT OWNERS’ MOTION TO SEAL
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`1
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`__________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`__________
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`REGENERON PHARMACEUTICALS, INC.,
`Petitioner
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`v.
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`NOVARTIS PHARMA AG,
`NOVARTIS TECHNOLOGY LLC,
`NOVARTIS PHARMACEUTICALS CORPORATION,
`Patent Owners
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`__________
`
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`Case IPR2021-00816
`Patent 9,220,631
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`__________
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`PATENT OWNERS’ MOTION TO SEAL
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`1
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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”) respectfully request that the Board seal Exhibits 2002,
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`2063–2064, and 2066–2088, filed herewith, which contain confidential research
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`and development information of Patent Owner. In support of this Motion, Patent
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`Owner is concurrently filing an unopposed motion for entry of a Modified Default
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`Standing Protective Order (Ex. 2091), which is based on the Board’s default
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`protective order. See 37 C.F.R. § 42.54(a). The parties have conferred and agreed
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`to the provisions of the Modified Default Protective Order set forth in Exhibit
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`2091.
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`In determining whether to grant a Motion to Seal, the Board must find “good
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`cause” and “strike a balance between the public’s interest in maintaining a
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`complete and understandable file history and the parties’ interest in protecting truly
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`sensitive information.” 37 C.F.R. § 42.54(a); Consolidated Trial Practice Guide
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`November 2019 at 19. As described in the Consolidated Trial Practice Guide, the
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`Board identifies confidential information in a manner “consistent with Federal
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`Rule of Civil Procedure 26(c)(1)(G), which provides for protective orders for trade
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`secret or other confidential research, development, or commercial information.”
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`Id.
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`2
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`U.S. Patent No. 9,220,631
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`All of the information that Novartis seeks to seal in this motion is related to
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`the confidential research and development of the subject matter of the ’631 patent,
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`as explained in more detail below. The information that Novartis seeks to seal is
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`non-public and proprietary. In addition, these documents contain confidential
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`information of third parties. To the undersigned’s knowledge, the information
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`sought to be sealed by this motion has not been published or otherwise made
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`public.
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`Exhibit 2002 is the Declaration of named inventor Marie Picci. The
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`redacted portions of this declaration contain information pertaining to Novartis
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`scientists’ research and development work related to the subject matter of the ’631
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`patent, and are therefore “confidential research [and] development . . .
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`information” pursuant to FRCP 26(c)(1)(G). Additionally, the redacted portions of
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`Exhibit 2002 contain confidential information of a third party and should not be
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`subject to public disclosure in this action.
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`Exhibits 2063 and 2064 are a Novartis internal PowerPoint Presentation and
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`technical report, respectively, authored by one of the named inventors. These
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`exhibits contain information pertaining to Novartis scientists’ research and
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`development work related to the subject matter of the ’631 patent, and are
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`therefore “confidential research [and] development . . . information” pursuant to
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`Fed. R. Civ. P. 26(c)(1)(G). Exhibits 2063 and 2064 also contain confidential
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`3
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`U.S. Patent No. 9,220,631
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`information of third parties and should not be subject to public disclosure in this
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`action.
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`Exhibits 2066–2088 are Meeting Minutes for Novartis team meetings.
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`These Meeting Minutes are internal communications within Novartis pertaining to
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`research and development activities related to the subject matter of the ’631 patent
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`being conducted by scientists at Novartis, and are therefore “confidential research
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`[and] development . . . information” pursuant to Fed. R. Civ. P. 26(c)(1)(G).
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`Exhibits 2066–2083 and 2085–2088 also contain confidential information of a
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`third party and should not be subject to public disclosure in this action.
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`The proprietary information contained in Exhibits 2002, 2063–2064, and
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`2066–2088 is not essential to an understanding of the accompanying Patent
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`Owners’ Preliminary Response and does not impede the public’s understanding of
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`the file history of the ’631 patent. The public’s interest in accessing this
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`information for the purposes of the patentability of the challenged claims in this
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`proceeding is outweighed by Patent Owners’ interest in maintaining its proprietary
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`research and development information as confidential. Accordingly, good cause
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`exists to seal Exhibits 2002, 2063–2064, and 2066–2088.
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`Novartis respectfully requests that the Board grant Patent Owners’ Motion to
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`Seal.
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`4
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`U.S. Patent No. 9,220,631
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`By:
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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
`Phone: (212) 813-8800
`Fax: (212) 355-3333
`EHolland@goodwinlaw.com
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`5
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`Dated: July 28, 2021
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`U.S. Patent No. 9,220,631
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`CERTIFICATE OF SERVICE
`A copy of this Patent Owners’ Motion to Seal has been served on
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`Petitioner’s attorneys of record as follows via 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
`F: 212-310-8007
`andrew.gesior@weil.com
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`6
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`U.S. Patent No. 9,220,631
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`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
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`Attorneys for Regeneron Pharmaceuticals, Inc.
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`Dated: July 28, 2021
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`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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`7
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