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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`COALITION FOR AFFORDABLE DRUGS VIII, LLC
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`Petitioner
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`v.
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`THE TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA
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`Patent Owner
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`Case No. IPR2015-01836
`Patent No. 7,932,268
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`STIPULATED MOTION FOR ENTRY OF PROTECTIVE ORDER
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`Patent Owner The Trustees of the University of Pennsylvania (“Patent
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`Owner”) and Petitioner Coalition for Affordable Drugs VIII, LLC (“Petitioner”)
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`request entry of the Board’s Default Protective Order as specified in Office Trial
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`Practice Guide, 77 Fed. Reg. 48756, 48771 (Aug. 14, 2012). A copy of the
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`Default Protective Order is attached hereto as Appendix A. The parties do not seek
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`to amend the Default Protective Order and understand that only “confidential
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`information” may be protected from disclosure upon a showing of good cause. 35
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`U.S.C. §§ 316(a)(1) and 316(a)(7); 37 C.F.R. §§ 42.14 and 42.54(a).
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`The parties respectfully request that the Board enter the proposed Protective
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`Order in this proceeding.
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`Respectfully submitted,
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`/Gregory Gonsalves/
`Dr. Gregory Gonsalves
`Registration No. 43,639
`2216 Beacon Lane
`Falls Church, Virginia 22043
`Tel: 571.419.7252
`gonsalves@gonsalveslawfirm.com
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`Dated: June 7, 2016
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`Counsel for Petitioner
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`/William G. James/
`William G. James
`Registration No. 55,931
`GOODWIN PROCTER LLP
`901 New York Ave. NW
`Washington, DC 20001
`Tel: 202.346.4000
`Fax: 202.346-4444
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`Dated: June 7, 2016
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`Counsel for Patent Owner
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`Appendix A
`Appendix A
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`PROTECTIVE ORDER
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`This standing protective order governs the treatment and filing of
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`confidential information, including documents and testimony.
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`1. Confidential information shall be clearly marked ‘‘PROTECTIVE
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`ORDER MATERIAL.’’
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`2. Access to confidential information is limited to the following individuals
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`who have executed the acknowledgment appended to this order:
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`(A) Parties. Persons who are owners of a patent involved in the proceeding
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`and other persons who are named parties to the proceeding.
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`(B) Party Representatives. Representatives of record for a party in the
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`proceeding.
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`(C) Experts. Retained experts of a party in the proceeding who further certify
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`in the Acknowledgement that they are not a competitor to any party, or a consultant
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`for, or employed by, such a competitor with respect to the subject matter of the
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`proceeding.
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`(D) In-house counsel. In-house counsel of a party.
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`(E) Other Employees of a Party. Employees, consultants or other persons
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`performing work for a party, other than in-house counsel and in-house counsel’s
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`support staff, who sign the Acknowledgement shall be extended access to
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`confidential information only upon agreement of the parties or by order of the
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`A1
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`Board upon a motion brought by the party seeking to disclose confidential
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`information to 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 access to
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`confidential information.
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`(F) The Office. Employees and representatives of the Office who have a need
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`for access to the confidential information shall have such access without the
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`requirement to sign an Acknowledgement. Such employees and representatives
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`shall include the Director, members of the Board and their clerical staff, other
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`support personnel, court reporters, and other persons acting on behalf of the Office.
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`(G) Support Personnel. Administrative assistants, clerical staff, court
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`reporters and other support personnel of the foregoing persons who are reasonably
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`necessary to assist those persons in the proceeding shall not be required to sign an
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`Acknowledgement, but shall be informed of the terms and requirements of the
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`Protective Order by the person they are supporting who receives confidential
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`information.
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`3. 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 persons not
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`authorized to receive the information shall not have access;
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`A2
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`(B) Otherwise using reasonable efforts to maintain the confidentiality of the
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`information, which efforts shall be no less rigorous than those the recipient uses to
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`maintain the confidentiality of information not received from the disclosing party;
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`(C) Ensuring that support personnel of the recipient who have access to the
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`confidential information understand and abide by the obligation to maintain the
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`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
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`of copies needed for conduct of the proceeding and maintaining a record of the
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`locations of such copies.
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`4. Persons receiving confidential information shall use the
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`following procedures to maintain the confidentiality of the information:
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`(A) Documents and Information Filed With the Board.
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`(i) A party may file documents or information with the Board under
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`seal, together with a non-confidential description of the nature of the
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`confidential information that is under seal and the reasons why the
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`information is confidential and should not be made available to the public.
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`The submission shall be treated as confidential and remain under seal,
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`unless, upon motion of a party and after a hearing on the issue, or sua
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`sponte, the Board determines that the documents or information do not to
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`qualify for confidential treatment.
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`A3
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`(ii) Where confidentiality is alleged as to some but not all of the
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`information submitted to the Board, the submitting party shall file
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`confidential and non- confidential versions of its submission, together with a
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`Motion to Seal the confidential version setting forth the reasons why the
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`information redacted from the non-confidential version is confidential and
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`should not be made available to the public. The nonconfidential version of
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`the submission shall clearly indicate the locations of information that has
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`been redacted. The confidential version of the submission shall be filed
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`under seal. The redacted information shall remain under seal unless, upon
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`motion of a 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 qualify for
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`confidential treatment.
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`(B) Documents and Information Exchanged Among the Parties. Information
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`designated as confidential that is disclosed to another party during discovery or
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`other proceedings before the Board shall be clearly marked as ‘‘PROTECTIVE
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`ORDER MATERIAL’’ and shall be produced in a manner that maintains its
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`confidentiality.
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`(j) Standard Acknowledgement of Protective Order. The following
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`form may be used to acknowledge a protective order and gain access to
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`information covered by the protective order:
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`A4
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`Standard Acknowledgment for Access to Protective Order Material
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`I
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`, affirm that I have read the Protective
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`Order; that I will abide by its terms; that I will use the confidential information
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`only in connection with this proceeding and for no other purpose; that I will only
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`allow access to support staff who are reasonably necessary to assist me in this
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`proceeding; that prior to any disclosure to such support staff I informed or will
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`inform them of the requirements of the Protective Order; that I am personally
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`responsible for the requirements of the terms of the Protective Order and I agree to
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`submit to the jurisdiction of the Office and the United States District Court for the
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`Eastern District of Virginia for purposes of enforcing the terms of the Protective
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`Order and providing remedies for its breach.
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`Signed
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`A5
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies
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`that a copy of
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`the
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`foregoing
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`STIPULATED MOTION FOR ENTRY OF PROTECTIVE ORDER was
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`served electronically via e-mail on June 7, 2016 on the following:
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`/Russell Warnick/
`Russell Warnick
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`Dr. Gregory Gonsalves
`2216 Beacon Lane
`Falls Church, Virginia 22043
`(571) 419-7252
`gonsalves@gonsalveslawfirm.com
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`Christopher Casieri
`McNeely, Hare & War LLP
`12 Roszel Road, Suite C104
`Princeton, NJ 08540
`(609) 731-3668
`chris@miplaw.com
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`Counsel for Petitioner Coalition
`for Affordable Drugs VIII, LLC
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`Dated:
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`June 7, 2016