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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________________________
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`MYLAN PHARMACEUTICALS INC.,
`Petitioner
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`v.
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`BOEHRINGER INGELHEIM INTERNATIONAL GMBH,
`Patent Owner
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`____________________________
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`IPR2016-01565
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`U.S. Patent No. 8,853,156
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`____________________________
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`PATENT OWNER’S MOTION TO SEAL UNDER 37 C.F.R. § 42.54
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`IPR2016-01565
`U.S. Patent No. 8,853,156
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`Patent Owner Boehringer Ingelheim International GmbH (“Boerhinger”)
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`respectfully requests the Board to authorize the filing of the confidential versions
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`of Exhibits 2010, 2011, 2012, 2013, 2014, and 2015 under seal, pursuant to 37
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`C.F.R. § 42.54.
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`The Exhibits 2010-2015 are copies of internal Boehringer clinical
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`development plans, management summaries, nonclinical and clinical study
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`reports, and industry communications strategy documents. These documents
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`contain Boehringer confidential and commercially sensitive technical and
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`business information that Boehringer has marked “Protective Order Material.”
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`Public disclosure of this information would significantly harm Boehringer’s
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`competitive position because it would allow competitors to access sensitive
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`technical and business information related to, among other things, Boehringer’s
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`drug-development and marketing strategy.
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`To the best of Boehringer’s knowledge, none of the confidential,
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`proprietary information in Exhibits 2010-2015 has previously been made publicly
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`available and Boehringer has taken reasonable steps to prevent the public
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`disclosure of this information.
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`A copy of the Board’s Default Protective order is attached hereto as
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`Appendix A. The parties have met and conferred and have agreed that the Default
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`Protective Order shall govern these materials, to the extent they are found to
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`contain confidential information.
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________________________
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`MYLAN PHARMACEUTICALS INC.,
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`Petitioner
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`v.
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`BOEHRINGER INGELHEIM INTERNATIONAL GMBH,
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`Patent Owner
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`____________________________
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`IPR2016-01565
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`U.S. Patent No. 8,853,156
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`____________________________
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`[PROPOSED] STANDING PROTECTIVE ORDER
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`IPR2016-01565
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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
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`proceeding 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
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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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`(D) In-house counsel. In-house counsel of a party.
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`(E) Other Employees of a Party. Employees, consultants, or other
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`persons performing work for a party, other than in-house counsel and in-house
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`counsel’s 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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`Board upon a motion brought by the party seeking to disclose confidential
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`IPR2016-01565
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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
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`a 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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`(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 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
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`persons not authorized to receive the information shall not have access;
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`(B) Otherwise using reasonable efforts to maintain the confidentiality
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`of the information, which efforts shall be no less rigorous than those the recipient
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`uses to maintain the confidentiality of information not received from the disclosing
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`party;
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`(C) Ensuring that support personnel of the recipient who have access
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`to the confidential information understand and abide by the obligation to maintain
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`the confidentiality of information received that is designated as confidential; and
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`(D) Limiting the copying of confidential information to a reasonable
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`number of copies needed for conduct of the proceeding and maintaining a record of
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`the 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
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`under 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 information is
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`confidential and should not be made available to the public. The submission shall
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`be treated as confidential and remain under seal, unless, upon motion of a party and
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`after a hearing on the issue, or sua sponte, the Board determines that the documents
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`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
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`information submitted to the Board, the submitting party shall file confidential and
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`non-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 nonconfidential 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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`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.
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`Information designated as confidential that is disclosed to another party during
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`discovery or other proceedings before the Board shall be clearly marked as
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`‘‘PROTECTIVE ORDER MATERIAL’’ and shall be produced in a manner that
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`maintains its confidentiality.
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`Standard Acknowledgement of Protective Order. The following form may
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`be used to acknowledge a protective order and gain access to information covered
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`by the protective order:
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________________________
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`
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`MYLAN PHARMACEUTICALS INC.,
`Petitioner
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`v.
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`BOEHRINGER INGELHEIM INTERNATIONAL GMBH,
`Patent Owner
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`____________________________
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`IPR2016-01565
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`U.S. Patent 8,853,156
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`____________________________
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`ACKNOWLEDGEMENT FOR ACCESS TO
`PROTECTIVE ORDER MATERIAL
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`IPR2016-01565
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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 Order; that I will abide by
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`its terms; that I will use the confidential information only in connection with this
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`proceeding and for no other purpose; that I will only allow access to support staff
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`who are reasonably necessary to assist me in this proceeding; that prior to any
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`disclosure to such support staff I informed or will inform them of the
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`requirements of the Protective Order; that I am personally responsible for the
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`requirements of the terms of the Protective Order and I agree to submit to the
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`jurisdiction of the Office and the United States District Court for the Eastern
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`District of Virginia for purposes of enforcing the terms of the Protective Order
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`and providing remedies for its breach.
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`Executed by:
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`____________________________
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`Date: ________________________
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`IPR2016-01565
`U.S. Patent No. 8,853,156
`CERTIFICATE OF SERVICE
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`I hereby certify that a true and correct copy of the foregoing PATENT
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`OWNER'S MOTION TO SEAL UNDER 37 C.F.R. § 42.54 was served on
`November 10, 2016, via email to counsel for Petitioners at the following:
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`
`Thomas J. Parker
`Reg. No. 42,062
`thomas.parker@alston.com
`ALSTON & BIRD LLP
`90 Park Avenue, 15th Floor
`New York, NY 10016
`T: (212) 210-9529
`F: (212) 210-9444
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`Ellen Y. Cheong (Reg. No. 71,852)
`ellen.cheong@alston.com
`ALSTON & BIRD LLP
`90 Park Avenue, 15th Floor
`New York, NY 10016
`T: (212) 210-1277
`F: (212) 210-9444
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`Christopher L. McArdle
`(pro hac vice motion to be filed)
`chris.mcardle@alston.com
`ALSTON & BIRD LLP
`90 Park Avenue, 15th Floor
`New York, NY 10016
`T: (212) 210-9542
`F: (212) 922-3843
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`Charles A. Naggar
`(pro hac vice motion to be filed)
`charles.naggar@alston.com
`ALSTON & BIRD LLP
`90 Park Avenue, 15th Floor
`New York, NY 10016
`T: (212) 210-1275
`F: (212) 210-9444
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`
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` /s/ Leora Ben-Ami
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`Leora Ben-Ami (Reg. No. 32455)
`KIRKLAND & ELLIS LLP
`Tel: (212) 446-4800
`Fax: (212) 446-4900
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