`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________
`
`
`COALITION FOR AFFORDABLE DRUGS V LLC;
`HAYMAN CREDES MASTER FUND, L.P.;
`HAYMAN ORANGE FUND SPC – PORTFOLIO A;
`HAYMAN CAPITAL MASTER FUND, L.P.;
`HAYMAN CAPITAL MANAGEMENT, L.P.;
`HAYMAN OFFSHORE MANAGEMENT, INC.;
`HAYMAN INVESTMENTS, LLC;
`NXN PARTNERS, LLC;
`IP NAVIGATION GROUP, LLC;
`J KYLE BASS; and ERICH SPANGENBERG,
`Petitioner,
`
`v.
`
`BIOGEN MA INC.,
`Patent Owner.
`____________________________________________
`
`Case IPR2015-01993
`Patent 8,399,514 B2
`____________________________________________
`
`STANDING PROTECTIVE ORDER
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`Page 1 of 6
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`Biogen Exhibit 2094
`Coalition v. Biogen
`IPR2015-01993
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`
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`This standing protective order governs the treatment and filing of
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`U.S. Patent No. 8,399,514
`Case: IPR2015-01993
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`confidential information, including documents and testimony.
`
`Confidential information shall be clearly marked “PROTECTIVE
`1.
`ORDER MATERIAL.”
`
`Access to confidential information is limited to the following
`2.
`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.
`
`In-house counsel. In-house counsel of a party.
`(D)
`(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 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.
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`Case: IPR2015-01993
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`(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.
`
`Persons receiving confidential information shall use reasonable efforts
`3.
`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.
`
`Persons receiving confidential information shall use the following
`4.
`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.
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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 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 non-confidential 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.
`
`Standard Acknowledgment of Protective Order. The following form may be
`
`used to acknowledge a protective order and gain access to information covered by
`
`the protective order:
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`Page 4 of 6
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`U.S. Patent No. 8,399,514
`Case: IPR2015-01993
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________
`
`
`COALITION FOR AFFORDABLE DRUGS V LLC;
`HAYMAN CREDES MASTER FUND, L.P.;
`HAYMAN ORANGE FUND SPC – PORTFOLIO A;
`HAYMAN CAPITAL MASTER FUND, L.P.;
`HAYMAN CAPITAL MANAGEMENT, L.P.;
`HAYMAN OFFSHORE MANAGEMENT, INC.;
`HAYMAN INVESTMENTS, LLC;
`NXN PARTNERS, LLC;
`IP NAVIGATION GROUP, LLC;
`J KYLE BASS; and ERICH SPANGENBERG,
`Petitioner,
`
`v.
`
`BIOGEN MA INC.,
`Patent Owner.
`____________________________________________
`
`Case IPR2015-01993
`Patent 8,399,514 B2
`____________________________________________
`
`STANDARD ACKNOWLEDGMENT FOR
`ACCESS TO PROTECTIVE ORDER MATERIAL
`
`5
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`Page 5 of 6
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`
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`U.S. Patent No. 8,399,514
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`Case: IPR2015-01993
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`I, JaIn€S T. Camlichael
`
`, affinn 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.
`
`Dated:
`
`June 22, 2016
`
`By: Qmgg g I jgigggg
`
`James T. Carmichael
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`Page 6 of 6
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`