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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`NJOY, LLC, NJOY HOLDINGS, INC.,
`Petitioners,
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`v.
`JUUL LABS, INC.,
`Patent Owner
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`Case No. IPR2024-00231
`U.S. Patent No. 10,130,123
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`PETITIONERS’ MOTION TO SEAL
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`Under 37 CFR §§ 42.14 and 42.54, Petitioners NJOY, LLC, NJOY Holdings,
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`Inc. (“Petitioners”) submit this Motion to Seal its Reply to Patent Owner’s
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`Preliminary Response (“Reply”) and EX1034-EX1037 (“Confidential Exhibits”),
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`which are being filed under seal concurrently with this Motion. Patent Owner has
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`previously filed a proposed Protective Order (EX2101) which the parties have
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`stipulated to. The Parties agree that the Reply and the Confidential Exhibits should
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`be protected by the same proposed Protective Order.
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`I.
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`GOOD CAUSE EXISTS FOR SEALING
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`The Office Patent Trial Practice Guide provides that “the rules aim to strike a
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`balance between the public’s interest in maintaining a complete and understandable
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`file history and the parties’ interest in protecting truly sensitive information.” 77
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`Fed. Reg. 48,756, 48,760 (Aug. 14, 2012). Those rules “identify confidential
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`information in a manner consistent with Federal Rule of Civil Procedure
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`26(c)(1)(G), which provides for protective orders for trade secret or other
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`confidential research, development, or commercial information.” Id. (citing 37
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`C.F.R. §42.54).
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`Petitioners’ Reply cites, describes, and/or quotes EX1034-EX1035, which are
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`documents produced by Patent Owner in the parallel ITC investigation; EX1036-
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`EX1037, which are deposition transcripts from the parallel ITC investigation
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`involving the Challenged Patent; and EX2003, which Patent Owner has moved to
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`1
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`seal. See Paper 9. Petitioners cite these exhibits to address secondary consideration
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`arguments in Patent Owner’s Preliminary Response.
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`The Confidential Exhibits contain Patent Owner’s confidential business
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`information, were designated in the parallel ITC Investigation as “Confidential
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`Business Information Subject to Protective Order,” are subject to the applicable
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`Protective Order from the parallel ITC Investigation, and should be similarly
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`protected here. These Exhibits contain highly confidential and non-public
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`information concerning business, financial, and/or strategy information of Patent
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`Owner’s. Petitioners understand that Patent Owner has not made, and does not
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`intend to make, information in the Confidential Exhibits publicly available.
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`Thus, the Confidential Exhibits qualify for PROTECTIVE ORDER
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`MATERIAL – ATTORNEYS’ EYES ONLY protection pursuant to the proposed
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`stipulated Protective Order (EX2101). The portions of the Reply that describe or
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`quote these exhibits likewise qualify for the same protection. Accordingly,
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`Petitioners’ Reply to Patent Owner’s Preliminary Response and EX1034-EX1037
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`should be sealed under 37 C.F.R. § 42.54. Petitioner is filing a redacted version of
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`its Reply to the public docket.
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`II. CERTIFICATION OF NON-PUBLICATION
`To the best of Petitioners’ knowledge, the information sought to be sealed by
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`this Motion has not been published or otherwise made publicly available.
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`III. PROTECTIVE ORDER
`The parties have met and conferred and agreed to the proposed Protective
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`Order filed by Patent Owner (EX2101) in this action to extend the same level of
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`protection for the documents as was provided in the parallel ITC investigation.
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`IV. CERTIFICATION OF MEET AND CONFER
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`Pursuant to 37 CFR §42.54, Patent Owner has met and conferred with
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`Petitioners’ and the parties stipulated to the proposed Protective Order.
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`V. CONCLUSION
`For the foregoing reasons, Petitioners’ respectfully requests that the Board
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`seal and protect the highly confidential information contained in Petitioners’ Reply
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`to Patent Owner’s Preliminary Response and Exhibits 1034-1037.
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`Date: April 16, 2024
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`By: /Anish R. Desai/
`Anish R. Desai
`Lead Counsel for Petitioners
`Registration No. 73,760
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that on April 16, 2024, the foregoing
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`PETITIONERS’ MOTION TO SEAL was served via electronic mail, upon the
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`following:
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`James M. Glass
`John T. McKee
`Quinn Emanuel Urquhart & Sullivan LLP
`51 Madison Ave, 22nd Floor
`New York, New York 10010
`jimglass@quinnemanuel.com
`johnmckee@quinnemanuel.com
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`Quincy Lu
`Quinn Emanuel Urquhart & Sullivan LLP
`1109 First Avenue, Suite 210
`Seattle, WA 98101
`quincylu@quinnemanuel.com
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`qe-juul-njoy-iprs@quinnemanuel.com
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`/Juliana Joaquin/
`Juliana Joaquin
`IP Paralegal
`Weil, Gotshal & Manges LLP
`2001 M Street, NW, Suite 600
`Washington, D.C. 20036
`juliana.joaquin@weil.com
`202-682-7000
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