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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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`BIOCON BIOLOGICS INC.,
`Petitioner
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`v.
`REGENERON PHARMACEUTICALS, INC.,
`Patent Owner
`
`
`Inter Partes Review No.: IPR2024-00201
`
`
`U.S. Patent No. 10,888,601 B2
`Filed: April 29, 2019
`Issued: January 12, 2021
`Inventor: George D. Yancopoulos
`
`Title: USE OF A VEGF ANTAGONIST TO TREAT
`ANGIOGENIC EYE DISORDERS
`
`
`PETITIONER’S MOTION TO SEAL
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`37 C.F.R. §§ 42.14 & 42.54
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`Pursuant to 37 C.F.R. §§ 42.14 & 42.54, Petitioner Biocon Biologics Inc.
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`(“Petitioner”) moves to seal Exhibit 1062, filed herewith. Exhibit 1062 is an excerpt
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`of the Pretrial Memorandum submitted in the district court litigation captioned
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`Regeneron Pharmaceuticals, Inc. v. Mylan Pharmaceuticals Inc., No. 22-cv-61
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`(N.D.W. Va. May 26, 2023), which was designated as CONFIDENTIAL and filed
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`under seal by Patent Owner in that matter. This exhibit was filed concurrently with
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`Petitioner’s Petition in Inter Partes Review No. IPR2024-00201.
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`The Board may seal documents for good cause. See 37 C.F.R. § 42.54(a);
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`Garmin v. Cuozzo, IPR2012-00001, Paper 36, 8-9 (2013). “The rules aim to strike
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`a balance between the public’s interest in maintaining a complete and
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`understandable file history and the parties’ interest in protecting truly sensitive
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`information.” Office Patent Trial Practice Guide, 77 Fed. Reg. 48756, 48760
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`(2012). The public’s interest in having access to confidential business information
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`that is only indirectly related to patentability is “minimal.” Garmin v. Cuozzo,
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`IPR2012-00001, Paper 36, 8-9 (2013) (granting a motion to seal an agreement
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`relating to the “commercializ[ation]” of the patent-at-issue).
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`The information that Petitioner seeks to seal has been designated as
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`CONFIDENTIAL by Patent Owner in the district court litigation pending between
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`Petitioner and Patent Owner in the Northern District of West Virginia, Civil Action
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`No. 22-cv-00061-TSK-JPM. Therefore, out of respect for Patent Owner’s
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`1
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`
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`designation of the document as confidential, Petitioner seeks to maintain the same
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`under seal in the pending inter partes review proceeding. It is Petitioner’s
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`understanding good cause exists to seal portions of Exhibit 1062 as submitted.
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`Thus, out of respect for Patent Owner’s confidential designation of Exhibit
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`1062 in the district court litigation, Petitioner respectfully requests that the Board
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`grant its motion to seal Exhibit 1062 filed concurrently herewith.
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`
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`2
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`Dated: November 20, 2023
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`Respectfully Submitted,
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`RAKOCZY MOLINO MAZZOCHI SIWIK LLP
`
`/Paul J. Molino/
`Paul J. Molino
`Registration No. 45,350
`6 West Hubbard Street
`Chicago, IL 60654
`Telephone:
`(312) 222-6300
`Facsimile:
`(312) 843-6260
`paul@rmmslegal.com
`
`
`Counsel for Petitioner
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`
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`3
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a true and correct copy of the foregoing
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`PETITIONER’S MOTION TO SEAL WAS served on November 20, 2023, via
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`FedEx Priority Overnight on the Patent Owner at the correspondence address of
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`record for U.S. Patent No. 10,888,601 B2 as evidenced in Patent Center:
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`A&P - Regeneron (Prosecution)
`601 Massachusetts Ave., NW
`Washington, DC 20001-3743
`
`/Paul J. Molino/
`Paul J. Molino (Reg. No. 45,350)
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