`
`David L. Cavanaugh
`Reg. No. 36,476
`Owen K. Allen
`Reg. No. 71,118
`Robert J. Gunther, Jr.
`Pro Hac Vice To Be Filed
`WilmerHale
`1875 Pennsylvania Ave., NW
`Washington, DC 20006
`
`Adam R. Brausa
`Reg. No. 60,287
`Daralyn J. Durie
`Pro Hac Vice To Be Filed
`Durie Tangri LLP
`217 Leidesdorff Street
`San Francisco, CA 94111
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________________________________
`
`MYLAN PHARMACEUTICALS INC.,
`Petitioner,
`
`v.
`
`GENENTECH, INC.,
`Patent Owner.
`____________________________________________
`
`Case IPR2016-01693
`U.S. Patent 6,407,213
`____________________________________________
`
`MODIFIED DEFAULT STANDING PROTECTIVE ORDER
`
`Mylan v. Genentech
`IPR2016-01693
`Genentech Exhibit 2031
`
`
`
`IPR2016-01693
`Modified Default Standing Protective Order
`
`MODIFIED DEFAULT STANDING PROTECTIVE ORDER
`
`This standing protective order governs the treatment and filing of
`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) Party Representatives. Representatives of record for a party in
`the proceeding.
`
`Experts. Retained experts of a party in the proceeding who
`(B)
`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.
`
`(C)
`
`In-house counsel. In-house counsel of a party.
`
`The Office. Employees and representatives of the Office who
`(D)
`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.
`
`Support Personnel. Administrative assistants, clerical staff,
`(E)
`court reporters and other support personnel of the foregoing persons who are
`
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`
`
`
`IPR2016-01693
`Modified Default Standing Protective Order
`
`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;
`
`Ensuring that support personnel of the recipient who have
`(C)
`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.
`
`- 2 -
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`
`
`IPR2016-01693
`Modified Default Standing Protective Order
`
`A party may file documents or information with the
`(i)
`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.
`
`(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.
`
`(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.
`
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`
`
`
`IPR2016-01693
`Modified Default Standing Protective Order
`
`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
`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: __________________________________
`
`Signed: _________________________________
`
`- 4 -
`
`
`
`IPR2016-01693
`Modified Default Standing Protective Order
`
`Standard Acknowledgment for Access to Protective Order Material
`
`I, David L. Cavanaugh, 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
`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: December 16, 2016
`
`Signed: /David L. Cavanaugh/
`
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`
`
`
`IPR2016-01693
`Modified Default Standing Protective Order
`
`Certification of Agreement to Terms of Modified Default Standing Protective
`Order
`
`I, David L. Cavanaugh, affirm that I am the representative of record for
`Patent Owner Genentech, Inc. in inter partes review trial no. IPR2016-01693. I
`hereby certify that Patent Owner accepts and agrees to the terms of the Modified
`Default Standing Protective Order.
`
`Dated: December 16, 2016
`
`Signed: /David L. Cavanaugh/
`
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