UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________________________
`
`
`NOVEN PHARMACEUTICALS, INC.,
`Petitioner
`
`v.
`
`NOVARTIS AG AND LTS LOHMANN THERAPIE-SYSTEME AG,
`Patent Owners
`
`_________________________________
`
`
`Inter Partes Review No.: 2014-00550
`U.S. Patent No. 6,335,031
`
`_________________________________
`
`
`Stipulatedanding Protective Order
`
`This stipulatedanding protective order governs the treatment and filing of
`
`confidential information, including documents and testimony.
`
`1.
`
`Confidential information shall be clearly marked “PROTECTIVE
`
`ORDER MATERIAL.”
`
`2.
`
`Access to confidential information is limited to the following
`
`individuals who have executed the acknowledgment appended to this order:
`
`NOVARTIS EXHIBIT 2055
`Noven v. Novartis and LTS Lohmann
`IPR2014-00550
`Page 1 of 9
`
`
`
`_________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________________________
`
`
`NOVEN PHARMACEUTICALS, INC.,
`Petitioner
`
`v.
`
`NOVARTIS AG AND LTS LOHMANN THERAPIE-SYSTEME AG,
`Patent Owners
`
`_________________________________
`
`
`Inter Partes Review No.: 2014-00550
`U.S. Patent No. 6,335,031
`
`_________________________________
`
`
`Stipulatedanding Protective Order
`
`This stipulatedanding protective order governs the treatment and filing of
`
`confidential information, including documents and testimony.
`
`1.
`
`Confidential information shall be clearly marked “PROTECTIVE
`
`ORDER MATERIAL.”
`
`2.
`
`Access to confidential information is limited to the following
`
`individuals who have executed the acknowledgment appended to this order:
`
`NOVARTIS EXHIBIT 2055
`Noven v. Novartis and LTS Lohmann
`IPR2014-00550
`Page 1 of 9
`
`
`
`(A) Parties. Persons who are owners of a patent involved in the
`
`proceeding and other persons who are named parties to the
`
`proceeding.
`
`(B)(A)
`
`Party Representatives. Representatives of record for a
`
`party in the proceeding.
`
`(C)(B)
`
`Experts. Retained experts of a party in the proceeding
`
`who further certify in the Acknowledgement that they are not a
`
`competitor to any party, or a consultant for, or employed by, such a
`
`competitor with respect to the subject matter of the proceeding.
`
`(D)(C)
`
`In-house counsel. In-house counsel of a party. Peter
`
`Waibel and Tim Ohnemuller as in-house counsel for Patent Owners,
`
`and Jeff Mihm as in-house counsel for Petitioner, provided that
`
`Messrs. Mihm, Waibel, and Ohnemuller do not have and will not
`
`assume responsibility for the prosecution of patent applications
`
`claiming rivastigmine, compositions or devices containing
`
`rivastigmine, methods of making rivastigmine or rivastigmine-
`
`containing products, or methods of using rivastigmine. Messrs.
`
`Mihm, Waibel, and Ohnemuller may receive “PROTECTIVE
`
`ORDER MATERIAL” of the opposing party only if such material is
`
`contained in or attached to documents filed or to be filed with the
`
`
`
`1
`
`NOVARTIS EXHIBIT 2055
`Noven v. Novartis and LTS Lohmann
`IPR2014-00550
`Page 2 of 9
`
`
`
`Board or if such documents are marked at a deposition taken in
`
`connection with this proceeding.
`
`(E)(D)
`
`Other Employees of a Party. Employees, consultants or
`
`other persons performing work for a party, other than in-house
`
`counsel and in-house counsel’s support staff, who sign the
`
`Acknowledgement shall be extended access to confidential
`
`information only upon agreement of the parties or by order of the
`
`Board upon a motion brought by the party seeking to disclose
`
`confidential information to that person. The party opposing disclosure
`
`to that person shall have the burden of proving that such person
`
`should be restricted from access to confidential information.
`
`(F)(E) The Office. Employees and representatives of the Office who
`
`have a need for access to the confidential information shall have such
`
`access without the requirement to sign an Acknowledgement. Such
`
`employees and representatives shall include the Director, members of
`
`the Board and their clerical staff, other support personnel, court
`
`reporters, and other persons acting on behalf of the Office.
`
`(G)(F)
`
`Support Personnel. Administrative assistants, clerical
`
`staff, court reporters and other support personnel of the foregoing
`
`persons who are reasonably necessary to assist those persons in the
`
`
`
`2
`
`NOVARTIS EXHIBIT 2055
`Noven v. Novartis and LTS Lohmann
`IPR2014-00550
`Page 3 of 9
`
`
`
`proceeding shall not be required to sign an Acknowledgement, but
`
`shall be informed of the terms and requirements of the Protective
`
`Order by the person they are supporting who receives confidential
`
`information.
`
`3.
`
`Persons receiving confidential information shall use reasonable efforts
`
`to maintain the confidentiality of the information, including:
`
`(A) Maintaining such information in a secure location to which
`
`persons not authorized to receive the information shall not have
`
`access;
`
`(B) Otherwise using reasonable efforts to maintain the
`
`confidentiality of the information, which efforts shall be no less
`
`rigorous than those the recipient uses to maintain the confidentiality
`
`of information not received from the disclosing party;
`
`(C) Ensuring that support personnel of the recipient who have
`
`access to the confidential information understand and abide by the
`
`obligation to maintain the confidentiality of information received that
`
`is designated as confidential; and
`
`(D) Limiting the copying of confidential information to a
`
`reasonable number of copies needed for conduct of the proceeding
`
`and maintaining a record of the locations of such copies.
`
`
`
`3
`
`NOVARTIS EXHIBIT 2055
`Noven v. Novartis and LTS Lohmann
`IPR2014-00550
`Page 4 of 9
`
`
`
`4.
`
`Persons receiving confidential information shall use the following
`
`procedures to maintain the confidentiality of the information:
`
`(A) Documents and Information Filed With the Board.
`
`(i) A party may file documents or information with the
`
`Board under seal, together with a non-confidential description
`
`of the nature of the confidential information that is under seal
`
`and the reasons why the information is confidential and should
`
`not be made available to the public. The submission shall be
`
`treated as confidential and remain under seal, unless, upon
`
`motion of a party and after a hearing on the issue, or sua sponte,
`
`the Board determines that the documents or information do not
`
`to qualify for confidential treatment.
`
`(ii) Where confidentiality is alleged as to some but not all of
`
`the information submitted to the Board, the submitting party
`
`shall file confidential and nonconfidential versions of its
`
`submission, together with a Motion to Seal the confidential
`
`version setting forth the reasons why the information redacted
`
`from the non-confidential version is confidential and should not
`
`be made available to the public. The nonconfidential version of
`
`the submission shall clearly indicate the locations of
`
`
`
`4
`
`NOVARTIS EXHIBIT 2055
`Noven v. Novartis and LTS Lohmann
`IPR2014-00550
`Page 5 of 9
`
`
`
`information that has been redacted. The confidential version of
`
`the submission shall be filed under seal. The redacted
`
`information shall remain under seal unless, upon motion of a
`
`party and after a hearing on the issue, or sua sponte, the Board
`
`determines that some or all of the redacted information does not
`
`qualify for confidential treatment.
`
`(B) Documents and Information Exchanged Among the Parties.
`
`Information designated as confidential that is disclosed to another
`
`party during discovery or other proceedings before the Board shall be
`
`clearly marked as “PROTECTIVE ORDER MATERIAL” and shall
`
`be produced in a manner that maintains its confidentiality.
`
`
`
`5
`
`
`
`
`
`NOVARTIS EXHIBIT 2055
`Noven v. Novartis and LTS Lohmann
`IPR2014-00550
`Page 6 of 9
`
`
`
`Date: March 31, 2015
`
`
`
`By:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`___________________
`Raymond R. Mandra
`Registration No. 34,382
`Lead Counsel for Patent Owner
`FITZPATRICK, CELLA,
`HARPER & SCINTO
`1290 Avenue of the Americas
`New York, NY 10104-3800
`Tel. 212-218-2100
`
`__________________
`Michael K. Levy
`Counsel for Petitioner
`KENYON & KENYON LLP
`One Broadway
`New York, NY 10004-1007
`Tel. 212-425-7200
`
`6
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`NOVARTIS EXHIBIT 2055
`Noven v. Novartis and LTS Lohmann
`IPR2014-00550
`Page 7 of 9
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________________________
`
`
`NOVEN PHARMACEUTICALS, INC.,
`Petitioner
`
`v.
`
`NOVARTIS AG AND LTS LOHMANN THERAPIE-SYSTEME AG,
`Patent Owners
`
`_________________________________
`
`
`Inter Partes Review No.: 2014-00550
`U.S. Patent No. 6,335,031
`
`_________________________________
`
`
`
`
`Standard Acknowledgment for Access to Protective Order Material
`
`
`
`I , affirm that I have
`
`read the Protective Order; that I will abide by its terms; that I will use the
`
`confidential information only in connection with this proceeding and for no other
`
`purpose; that I will only allow access to support staff who are reasonably necessary
`
`to assist me in this proceeding; that prior to any disclosure to such support staff I
`
`informed or will inform them of the requirements of the Protective Order; that I am
`
`NOVARTIS EXHIBIT 2055
`Noven v. Novartis and LTS Lohmann
`IPR2014-00550
`Page 8 of 9
`
`
`
`personally responsible for the requirements of the terms of the Protective Order
`
`and I agree to submit to the jurisdiction of the Office and the United States District
`
`Court for the Eastern District of Virginia for purposes of enforcing the terms of the
`
`Protective Order and providing remedies for its breach.
`
`
`_______________________
`Signature
`
`
`_______________________
`Date
`
`
`
`
`2
`
`NOVARTIS EXHIBIT 2055
`Noven v. Novartis and LTS Lohmann
`IPR2014-00550
`Page 9 of 9
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
