`———————
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`———————
`NJOY, LLC, NJOY HOLDINGS, INC.,
`Petitioners,
`
`v.
`JUUL LABS, INC.,
`Patent Owner
`———————
`
`Case No. IPR2024-00267
`U.S. Patent No. 11,134,722
`
`———————
`
`PETITIONERS’ MOTION TO SEAL
`
`
`
`Under 37 CFR §§ 42.14 and 42.54, Petitioners NJOY, LLC, NJOY Holdings,
`
`Inc. (“Petitioners”) submit this Motion to Seal its Reply to Patent Owner’s
`
`Preliminary Response (“Reply”) and EX1058-1061 (“Confidential Exhibits”),
`
`which are being filed under seal concurrently with this Motion. Patent Owner has
`
`previously filed a proposed Protective Order (EX2101) which the parties have
`
`stipulated to. The Parties agree that the Reply and the Confidential Exhibits should
`
`be protected by the same proposed Protective Order.
`
`I.
`
`GOOD CAUSE EXISTS FOR SEALING
`
`The Office Patent Trial Practice Guide provides that “the rules aim to strike a
`
`balance between the public’s interest in maintaining a complete and understandable
`
`file history and the parties’ interest in protecting truly sensitive information.” 77
`
`Fed. Reg. 48,756, 48,760 (Aug. 14, 2012). Those rules “identify confidential
`
`information in a manner consistent with Federal Rule of Civil Procedure
`
`26(c)(1)(G), which provides for protective orders for trade secret or other
`
`confidential research, development, or commercial information.” Id. (citing 37
`
`C.F.R. §42.54).
`
`Petitioners’ Reply cites, describes, and/or quotes EX1058-1059, which are
`
`documents produced by Patent Owner in the parallel ITC investigation; EX1060-
`
`EX1061, which are deposition transcripts from the parallel ITC investigation
`
`involving the Challenged Patent; and EX2003, which Patent Owner has moved to
`
`
`
`1
`
`
`
`seal. See Paper 9. Petitioners cite these exhibits to address secondary consideration
`
`arguments in Patent Owner’s Preliminary Response.
`
`The Confidential Exhibits contain Patent Owner’s confidential business
`
`information, were designated in the parallel ITC Investigation as “Confidential
`
`Business Information Subject to Protective Order,” are subject to the applicable
`
`Protective Order from the parallel ITC Investigation, and should be similarly
`
`protected here. These Exhibits contain highly confidential and non-public
`
`information concerning business, financial, and/or strategy information of Patent
`
`Owner’s. Petitioners understand that Patent Owner has not made, and does not
`
`intend to make, information in the Confidential Exhibits publicly available.
`
`Thus, the Confidential Exhibits qualify for PROTECTIVE ORDER
`
`MATERIAL – ATTORNEYS’ EYES ONLY protection pursuant to the proposed
`
`stipulated Protective Order (EX2101). The portions of the Reply that describe or
`
`quote these exhibits likewise qualify for the same protection. Accordingly,
`
`Petitioners’ Reply to Patent Owner’s Preliminary Response and EX1058-1061
`
`should be sealed under 37 C.F.R. § 42.54. Petitioner is filing a redacted version of
`
`its Reply to the public docket.
`
`II. CERTIFICATION OF NON-PUBLICATION
`To the best of Petitioners’ knowledge, the information sought to be sealed by
`
`this Motion has not been published or otherwise made publicly available.
`
`
`
`2
`
`
`
`III. PROTECTIVE ORDER
`The parties have met and conferred and agreed to the proposed Protective
`
`Order filed by Patent Owner (EX2101) in this action to extend the same level of
`
`protection for the documents as was provided in the parallel ITC investigation.
`
`IV. CERTIFICATION OF MEET AND CONFER
`Pursuant to 37 CFR §42.54, Patent Owner has met and conferred with
`
`Petitioners’ and the parties stipulated to the proposed Protective Order.
`
`V.
`
`CONCLUSION
`For the foregoing reasons, Petitioners’ respectfully requests that the Board
`
`seal and protect the highly confidential information contained in Petitioners’ Reply
`
`to Patent Owner’s Preliminary Response and Exhibits 1058-1061.
`
`Date: April 16, 2024
`
`By: /Anish R. Desai/
`Anish R. Desai
`Lead Counsel for Petitioners
`Registration No. 73,760
`
`3
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that on April 16, 2024, the foregoing
`
`PETITIONERS’ MOTION TO SEAL was served via electronic mail, upon the
`
`following:
`
`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
`
`Quincy Lu
`Quinn Emanuel Urquhart & Sullivan LLP
`1109 First Avenue, Suite 210
`Seattle, WA 98101
`quincylu@quinnemanuel.com
`
`qe-juul-njoy-iprs@quinnemanuel.com
`
`/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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