`Date Filed: Oct. 4, 2016
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`________________
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`AMERIGEN PHARMACEUTICALS LIMITED
`ARGENTUM PHARMACEUTICALS LLC,
`Petitioner
`
`v.
`
`JANSSEN ONCOLOGY, INC.,
`Patent Owner
`
`________________
`
`Case IPR2016-002861
`Patent 8,822,438 B2
`
`________________
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`STANDING PROTECTIVE ORDER
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`1 Case IPR2016-01317 has been joined with this proceeding.
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`JANSSEN EXHIBIT 2113
`Amerigen v. Janssen IPR2016-00286
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`IPR2016-00286
`Patent No. 8,822,438
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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) Counsel of Record. Counsel of record for a party in the proceeding.
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`(B) Experts. Retained experts of a party in the proceeding who further
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`certify in the Acknowledgement that they are not a competitor to any party, or a
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`consultant for, or employed by, such a competitor with respect to the subject matter
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`of the proceeding.
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`(C) In-house counsel. In-house counsel of a party.
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`(D) Employee Representative of a Party. One employee performing work
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`for a party, other than in-house counsel and in-house counsel’s support staff, who
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`signs the Acknowledgement shall be extended access to confidential information.
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`(E) The Office. Employees and representatives of the Office who have a
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`need 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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`(F) 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 to
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`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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`(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 following
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`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 seal,
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`together with a non-confidential description of the nature of the confidential
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`information that is under seal and the reasons why the information is confidential
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`and should not be made available to the public. The submission shall be treated as
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`confidential and remain under seal, unless, upon motion of a party and after a
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`hearing on the issue, or sua sponte, the Board determines that the documents or
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`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
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`submitted to the Board, the submitting party shall file confidential and non-
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`confidential versions of its submission, together with a Motion to Seal the
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`confidential version setting forth the reasons why the information redacted from
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`the non-confidential version is confidential and should not be made available to the
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`public. The non-confidential version of the submission shall clearly indicate the
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`locations of information that has been redacted. The confidential version of the
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`submission shall be filed under seal. The redacted information shall remain under
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`seal unless, upon motion of a party and after a hearing on the issue, or sua sponte,
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`Patent No. 8,822,438
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`the Board determines that some or all of the redacted information does not qualify
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`for 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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`Date: Oct, 4, 2016
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`Respectively Submitted,
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`Petitioners
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`By: /s/ William D. Hare
`William D. Hare (Reg. No. 44,739)
`bill@miplaw.com
`Gabriela Materassi (Reg. No. 47,774)
`Materassi@miplaw.com
`McNeely Hare & Ware LLP
`12 Roszel Road, Suite C104
`Princeton, NJ 08540
`Tel.: (347) 684-4154
`Fax.: (202) 478-1813
`
`Teresa Stanek Rea (Reg. No. 30,427)
`TRea@Crowell.com
`Shannon M. Lentz (Reg. No. 65,382)
`SLenz@Crowell.com
`Crowell & Moring LLP
`Intellectual Property Group
`1001 Pennsylvania Ave, N.W.
`Washington, DC 20004
`Tel.: (202) 624-2620
`Fax.: (202) 628-5116
`
`Patent Owner
`
`By: /s/ Dianne B. Elderkin
`Dianne B. Elderkin (Reg. No. 28,598)
`Barbara L. Mullin (Reg. No. 38,250)
`Ruben H. Munoz (Reg. No. 66,998)
`AKIN GUMP STRAUSS HAUER
`& FELD LLP
`Two Commerce Square
`2001 Market Street, Suite 4100
`Philadelphia, PA 19103
`Tel.: (215) 965-1200
`Fax: (215) 965-1210
`JANS-ZYTIGA@akingump.com
`
`David T. Pritikin (pro hac vice)
`Bindu Donovan (pro hac vice)
`S. Isaac Olson (pro hac vice)
`SIDLEY AUSTIN LLP
`787 Seventh Avenue
`New York, NY 10019
`Tel.: (212) 839-5300
`Fax: (212) 839-5599
`ZytigaIPRTeam@sidley.com
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`________________
`
`AMERIGEN PHARMACEUTICALS LIMITED
`ARGENTUM PHARMACEUTICALS LLC,
`Petitioner
`
`v.
`
`JANSSEN ONCOLOGY, INC.,
`Patent Owner
`
`________________
`
`Case IPR2016-002862
`Patent 8,822,438 B2
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`Standard Acknowledgment for Access to Protective Order Material
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`I ___________________________, affirm that I have read the
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`
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`Protective Order, that I will abide by its terms that I will use the confidential
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`information only in connection with this proceeding and for no other purpose; that
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`I will only allow access to support staff who are reasonably necessary to assist me
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`in this proceeding; that prior to any disclosure to such support staff I informed or
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`will inform them of the requirements of the Protective Order; that I am personally
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`2 Case IPR2016-01317 has been joined with this proceeding.
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`IPR2016-00286
`Patent No. 8,822,438
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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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`
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`DATE:_____________________
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`
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`SIGNED:___________________________________________________
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