`
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________
`
`Mylan Pharmaceuticals Inc.,
`Petitioner,
`
`v.
`
`Nissan Chemical Industries, Ltd.,
`Patent Owner
`________________
`
`U.S. Patent No. 5,856,336
`
`Issue Date: January 5, 1999
`
`Title: Quinoline Type Mevalonolactones
`
`________________
`
`Inter Partes Review No. IPR2015-01069
`
`MOTION TO SEAL AND FOR ENTRY OF DEFAULT PROTECTIVE
`ORDER
`
`
`
`Pursuant to 37 C.F.R. § 42.14, Patent Owner, Nissan Chemical Industries,
`
`Ltd. (“NCI”) respectfully requests that the Board seal the unredacted version of
`
`Exhibit 2031, the September 11, 2015 transcript of the deposition of Thomas W.
`
`Jenkins. NCI is concurrently filing a public version of Exhibit 2031 with the
`
`confidential information redacted.
`
`Petitioner Mylan Pharmaceuticals Inc. has redacted information from the
`
`public version of Exhibit 2031 and requested that the confidential version of this
`
`exhibit be filed under seal pursuant to the Board’s Default Protective Order.
`
`Nissan does not object to this request or to the use of the default protective order
`
`with regard to the real party-in-interest issue and has attached hereto a copy of the
`
`Default Protective Order from Appendix B to the Trial Practice Guide.
`
`For the foregoing reasons, NCI respectfully requests that the Board enter an
`
`Order sealing the unredacted version of Exhibit 2031 in its entirety.
`
`
`
`Dated: September 17, 2015
`
`Respectfully submitted,
`
`NISSAN CHEMICAL INDUSTRIES,
`LTD.,
`
`By its attorneys,
`
`/David G. Conlin/
`David G. Conlin, Reg. No. 27,026
`Kathleen B. Carr, Reg. No. 41,658
`MINTZ, LEVIN, COHN, FERRIS,
`GLOVSKY AND POPEO P.C.
`One Financial Center
`Boston, MA 02111
`(617) 542-6000
`(617) 542-2241 fax
`DGConlin@mintz.com
`KBCarr@mintz.com
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________
`
`Mylan Pharmaceuticals Inc.,
`Petitioner,
`
`v.
`
`Nissan Chemical Industries, Ltd.,
`Patent Owner
`________________
`
`U.S. Patent No. 5,856,336
`
`Issue Date: January 5, 1999
`
`Title: Quinoline Type Mevalonolactones
`
`________________
`
`Inter Partes Review No. IPR2015-01069
`
`DEFAULT PROTECTIVE ORDER
`
`
`
`Standing Protective Order
`
`This standing 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:
`
`(A) Parties. Persons who are owners of a patent involved in the
`
`proceeding and other persons who are named parties to the proceeding.
`
`(B) Party Representatives. Representatives of record for a party in the
`
`proceeding.
`
`(C) 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) In-house counsel. In-house counsel of party.
`
`
`
`(E) 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) 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) 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 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 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.
`
`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, 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 non-confidential 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 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.(j) Standard Acknowledgement of Protective Order.
`
`The following form may be used to acknowledge a protective order and gain
`
`access to information covered by the protective order:
`
`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 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]
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the foregoing MOTION TO
`
`SEAL AND FOR ENTRY OF PROTECTIVE ORDER was served on September
`
`17th, 2015 by sending a copy by overnight courier, and electronic service by email
`
`where indicated, to:
`
`Jitendra Malik
`Alston & Bird LLP
`4721 Emperor Blvd., Suite 400
`Durham, North Carolina 27703
`Jitty.Malik@alston.com
`
`Deepro R. Mukerjee
`Thomas J. Parker
`Alston & Bird LLP
`90 Park Avenue
`New York, NY 10016
`Deepro.Mukerjee@alston.com
`Thomas.Parker@alston.com
`
`and
`
`Deanne M. Mazzochi
`Amy D. Brody
`Thomas R. Burns
`Rakoczy Molino Mazzochi Siwik LLP
`6 West Hubbard St., Suite 500
`Chicago, Illinois 60654
`dmazzochi@rmmslegal.com
`abrody@rmmslegal.com
`tburns@rmmslegal.com
`
`/David G. Conlin/
`David G. Conlin
`Reg. No. 41,658