Beware Of Relying on Your Confidential Information, PTAB Litigation Blog

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If you are involved in an IPR and you are contemplating whether to rely on your own confidential information as part of a filing, you need to consider the risk that the Board will deny your motion to file under seal because it relied on that confidential information.  In Green Cross Corp. v. Shire Human Genetic Therapies, Inc., IPR2016-00258, the patent owner submitted several exhibits containing its confidential information and moved to file those exhibits under seal.  The Board granted patent owner’s motion to seal all but one of the exhibits, Exh. 2106.   Patent owner and patent owner’s experts extensively relied on Exh. 2106.

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