Argentum Pharm. LLC v. Alcon Research, Ltd., Case IPR2017-01053 (January 19, 2018) (Paper No. 27)

akeaway (1):
A party moving to file exhibits under seal bears the burden of showing “good cause” for the relief requested. A failure to show good cause will result in the exhibits at issue being expunged from the record and any argument or evidence in a substantive brief that relies on that expunged exhibit shall be accorded no weight.

Takeaway (2):
Prior to filing a motion to seal, counsel is required to confer or attempt to confer in good faith with the opposing party in an effort to come to an agreement as to the scope of the proposed protective order. Sending a letter to opposing counsel on the same day the motion is filed and stating that no response was received prior to the filing of the motion does not constitute a good faith effort to confer.

Takeaway (3):
A party who successfully files information under seal assumes the risk that its confidential information will become public if that information is relied upon in a final written decision.