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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
`
`
`PROTECTIVE ORDER
`
`(AS BETWEEN NOVARTIS AND HIKMA)
`
` Confidential information shall be clearly marked “PROTECTIVE ORDER
`
`MATERIAL.”
`
`Access to confidential information is limited to the following individuals
`
`who have executed the acknowledgment appended to this order:
`
`a. Parties. Patent Owner Novartis AG (“Novartis”) and Petitioner
`
`Hikma Pharmaceuticals International Limited (“Hikma”).
`
`
`
`NOVARTIS EXHIBIT 2120
`Par v. Novartis, IPR2016-01479
`1 of 7
`
`

`

`
`
`b. Party Representatives. Representatives of Novartis and Hikma,
`
`respectively.
`
`c. In-house counsel. In-house counsel of Novartis and Hikma,
`
`respectively.
`
`d. 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.
`
`e. 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 to
`
`maintain the confidentiality of the information, including:
`
`f. Maintaining such information in a secure location to which persons
`
`not authorized to receive the information shall not have access;
`
`
`
`NOVARTIS EXHIBIT 2120
`Par v. Novartis, IPR2016-01479
`2 of 7
`
`

`

`
`
`g. 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;
`
`h. 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
`
`i. 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
`
`procedures to maintain the confidentiality of the information:
`
`j. 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
`
`
`
`NOVARTIS EXHIBIT 2120
`Par v. Novartis, IPR2016-01479
`3 of 7
`
`

`

`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.
`
`k. 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
`
`
`
`
`
`NOVARTIS EXHIBIT 2120
`Par v. Novartis, IPR2016-01479
`4 of 7
`
`

`

`clearly marked as “PROTECTIVE ORDER MATERIAL” and shall
`
`be produced in a manner that maintains its confidentiality.
`
`
`
`
`
`
`
`NOVARTIS EXHIBIT 2120
`Par v. Novartis, IPR2016-01479
`5 of 7
`
`

`

`
`
`
`
`
`
`
`
`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
`
`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
`
`
`
`NOVARTIS EXHIBIT 2120
`Par v. Novartis, IPR2016-01479
`6 of 7
`
`

`

`
`
`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.
`
`
`
`NOVARTIS EXHIBIT 2120
`Par v. Novartis, IPR2016-01479
`7 of 7
`
`

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