`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`ARGENTUM PHARMACEUTICALS LLC, and WEST-WARD
`PHARMACEUTICALS INTERNATIONAL LIMITED n/k/a
`HIKMA PHARMACEUTICALS INTERNATIONAL LIMITED
`Petitioner,
`v.
`NOVARTIS AG
`Patent Owner.
`
`
`Inter Partes Review No. IPR2016-01479
`Patent No. 9,006,224
`
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`PROTECTIVE ORDER
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`(AS BETWEEN NOVARTIS AND HIKMA)
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` Confidential information shall be clearly marked “PROTECTIVE ORDER
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`MATERIAL.”
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`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. Patent Owner Novartis AG (“Novartis”) and Petitioner
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`Hikma Pharmaceuticals International Limited (“Hikma”).
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`b. Party Representatives. Representatives of Novartis and Hikma,
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`respectively.
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`c. In-house counsel. In-house counsel of Novartis and Hikma,
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`respectively.
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`d. 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
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`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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`e. Support Personnel. Administrative assistants, clerical staff, court
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`reporters, and other support personnel of the foregoing persons who
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`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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`Persons receiving confidential information shall use reasonable efforts to
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`maintain the confidentiality of the information, including:
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`f. Maintaining such information in a secure location to which persons
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`not authorized to receive the information shall not have access;
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`g. Otherwise using reasonable efforts to maintain the confidentiality of
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`the information, which efforts shall be no less rigorous than those the
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`recipient uses to maintain the confidentiality of information not
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`received from the disclosing party;
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`h. Ensuring that support personnel of the recipient who have access to
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`the confidential information understand and abide by the obligation to
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`maintain the confidentiality of information received that is designated
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`as confidential; and
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`i. Limiting the copying of confidential information to a reasonable
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`number of copies needed for conduct of the proceeding and
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`maintaining a record of the locations of such copies.
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`Persons receiving confidential information shall use the following
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`procedures to maintain the confidentiality of the information:
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`j. Documents and Information Filed With the Board.
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`i. A party may file documents or information with the Board
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`under seal, together with a non-confidential description of the
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`nature of the confidential information that is under seal and the
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`reasons why the information is confidential and should not be
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`made available to the public. The submission shall be treated
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`as confidential and remain under seal, unless, upon motion of a
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`party and after a hearing on the issue, or sua sponte, the Board
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`determines that the documents or information do not to qualify
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`for confidential treatment.
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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
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`file confidential and non-confidential versions of its
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`submission, together with a Motion to Seal the confidential
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`version setting forth the reasons why the information redacted
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`from the non-confidential version is confidential and should not
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`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
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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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`k. 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
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`be produced in a manner that maintains its confidentiality.
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`ARGENTUM PHARMACEUTICALS LLC, and WEST-WARD
`PHARMACEUTICALS INTERNATIONAL LIMITED n/k/a
`HIKMA PHARMACEUTICALS INTERNATIONAL LIMITED
`Petitioner,
`v.
`NOVARTIS AG
`Patent Owner.
`
`
`Inter Partes Review No. IPR2016-01479
`Patent No. 9,006,224
`
`
`Standard Acknowledgment for Access to Protective Order Material
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`I ___________________________________, 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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