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
`
`_________________________________
`
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`Stipulated Protective Order
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`This stipulated protective order governs the treatment and filing of
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`confidential information, including documents and testimony.
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`1.
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`Confidential information shall be clearly marked “PROTECTIVE
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`ORDER MATERIAL.”
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`2.
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`Access to confidential information is limited to the following
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`individuals who have executed the acknowledgment appended to this order:
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`NOVARTIS EXHIBIT 2056
`Noven v. Novartis and LTS Lohmann
`IPR2014-00550
`Page 1 of 9
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`_________________________________
`
`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
`
`_________________________________
`
`
`Stipulated Protective Order
`
`This stipulated 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:
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`NOVARTIS EXHIBIT 2056
`Noven v. Novartis and LTS Lohmann
`IPR2014-00550
`Page 1 of 9
`
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`(A) Party Representatives. Representatives of record for a party in
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`the proceeding.
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`(B) Experts. Retained experts of a party in the proceeding who
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`further certify in the Acknowledgement that they are not a competitor
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`to any party, or a consultant for, or employed by, such a competitor
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`with respect to the subject matter of the proceeding.
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`(C)
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`In-house counsel. Peter Waibel and Tim Ohnemuller as in-
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`house counsel for Patent Owners, and Jeff Mihm as in-house counsel
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`for Petitioner, provided that Messrs. Mihm, Waibel, and Ohnemuller
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`do not have and will not assume responsibility for the prosecution of
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`patent applications claiming rivastigmine, compositions or devices
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`containing rivastigmine, methods of making rivastigmine or
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`rivastigmine-containing products, or methods of using rivastigmine.
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`Messrs. Mihm, Waibel, and Ohnemuller may receive “PROTECTIVE
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`ORDER MATERIAL” of the opposing party only if such material is
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`contained in or attached to documents filed or to be filed with the
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`Board or if such documents are marked at a deposition taken in
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`connection with this proceeding.
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`(D) Other Employees of a Party. Employees, consultants or other
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`persons performing work for a party, other than in-house counsel and
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`
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`1
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`NOVARTIS EXHIBIT 2056
`Noven v. Novartis and LTS Lohmann
`IPR2014-00550
`Page 2 of 9
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`in-house counsel’s support staff, who sign the Acknowledgement
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`shall be extended access to confidential information only upon
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`agreement of the parties or by order of the Board upon a motion
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`brought by the party seeking to disclose confidential information to
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`that person. The party opposing disclosure to that person shall have
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`the burden of proving that such person should be restricted from
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`access to confidential information.
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`(E) The Office. Employees and representatives of the Office who
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`have a need for access to the confidential information shall have such
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`access without the requirement to sign an Acknowledgement. Such
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`employees and representatives shall include the Director, members of
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`the Board and their clerical staff, other support personnel, court
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`reporters, and other persons acting on behalf of the Office.
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`(F)
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`Support Personnel. Administrative assistants, clerical staff,
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`court reporters and other support personnel of the foregoing persons
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`who are reasonably necessary to assist those persons in the proceeding
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`shall not be required to sign an Acknowledgement, but shall be
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`informed of the terms and requirements of the Protective Order by the
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`person they are supporting who receives confidential information.
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`
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`2
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`NOVARTIS EXHIBIT 2056
`Noven v. Novartis and LTS Lohmann
`IPR2014-00550
`Page 3 of 9
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`3.
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`Persons receiving confidential information shall use reasonable efforts
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`to maintain the confidentiality of the information, including:
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`(A) Maintaining such information in a secure location to which
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`persons not authorized to receive the information shall not have
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`access;
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`(B) Otherwise using reasonable efforts to maintain the
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`confidentiality of the information, which efforts shall be no less
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`rigorous than those the recipient uses to maintain the confidentiality
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`of information not received from the disclosing party;
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`(C) Ensuring that support personnel of the recipient who have
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`access to the confidential information understand and abide by the
`
`obligation to maintain the confidentiality of information received that
`
`is designated as confidential; and
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`(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.
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`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.
`
`
`
`3
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`NOVARTIS EXHIBIT 2056
`Noven v. Novartis and LTS Lohmann
`IPR2014-00550
`Page 4 of 9
`
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`(i) A party may file documents or information with the
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`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.
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`(ii) Where confidentiality is alleged as to some but not all of
`
`the information submitted to the Board, the submitting party
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`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
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`from the non-confidential version is confidential and should not
`
`be made available to the public. The nonconfidential version of
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`the submission shall clearly indicate the locations of
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`information that has been redacted. The confidential version of
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`the submission shall be filed under seal. The redacted
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`information shall remain under seal unless, upon motion of a
`
`
`
`4
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`NOVARTIS EXHIBIT 2056
`Noven v. Novartis and LTS Lohmann
`IPR2014-00550
`Page 5 of 9
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`party and after a hearing on the issue, or sua sponte, the Board
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`determines that some or all of the redacted information does not
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`qualify for confidential treatment.
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`(B) Documents and Information Exchanged Among the Parties.
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`Information designated as confidential that is disclosed to another
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`party during discovery or other proceedings before the Board shall be
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`clearly marked as “PROTECTIVE ORDER MATERIAL” and shall
`
`be produced in a manner that maintains its confidentiality.
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`
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`5
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`NOVARTIS EXHIBIT 2056
`Noven v. Novartis and LTS Lohmann
`IPR2014-00550
`Page 6 of 9
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`
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`Date: March 31, 2015
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`
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`By:
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`/Raymond R. Mandra/
`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/
`Michael K. Levy
`Counsel for Petitioner
`KENYON & KENYON LLP
`One Broadway
`New York, NY 10004-1007
`Tel. 212-425-7200
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`6
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`NOVARTIS EXHIBIT 2056
`Noven v. Novartis and LTS Lohmann
`IPR2014-00550
`Page 7 of 9
`
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`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
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`NOVARTIS EXHIBIT 2056
`Noven v. Novartis and LTS Lohmann
`IPR2014-00550
`Page 8 of 9
`
`
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`informed or will inform them of the requirements of the Protective Order; that I am
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`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
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`Court for the Eastern District of Virginia for purposes of enforcing the terms of the
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`Protective Order and providing remedies for its breach.
`
`
`_______________________
`Signature
`
`
`_______________________
`Date
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`2
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`NOVARTIS EXHIBIT 2056
`Noven v. Novartis and LTS Lohmann
`IPR2014-00550
`Page 9 of 9
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