Case 2:15-cv-01471-JRG-RSP Document 60 Filed 03/22/16 Page 1 of 15 PageID #: 426
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`(US), LLC,
`WARNER CHILCOTT
`WARNER CHILCOTT COMPANY, LLC,
`AND QUALICAPS CO., LTD.,
`Plaintiffs,
`
` v.
`
`TEVA PHARMACEUTICALS USA,
`INC., et al,
`
`Defendants.
`
`Civil Action No. 2:15-cv-1471
`
`PROTECTIVE ORDER FOR PLAINTIFFS AND MYLAN DEFENDANTS
`WHEREAS, Plaintiffs Warner Chilcott (US), LLC, Warner Chilcott Company, LLC and
`
`Qualicaps Co., Ltd., and Defendants Mylan Pharmaceuticals Inc., Mylan Laboratories Limited,
`
`and Mylan Inc.. (collectively, “Mylan Defendants”) hereafter referred to collectively as “the
`
`Parties,” and each entity individually a “Party”, believe that certain information that is or will be
`
`encompassed by discovery demands by the Parties involves the production or disclosure of trade
`
`secrets, confidential business information, or other proprietary information;
`
`WHEREAS, the Parties seek a protective order limiting disclosure thereof in accordance
`
`with
`
`Federal Rule of Civil Procedure 26(c):
`
`THEREFORE, it is hereby stipulated among the Parties and ORDERED that:
`
`1.
`
`Each Party may designate as confidential for protection under this Order, in whole or in
`
`part, any document, information or material that constitutes or includes, in whole or in
`
`part, confidential or proprietary information or trade secrets of the Party or a Third Party
`
`Mylan v. Qualicaps, IPR2017-00203
`QUALICAPS EX. 2063 - 1/15
`
`

`

`Case 2:15-cv-01471-JRG-RSP Document 60 Filed 03/22/16 Page 2 of 15 PageID #: 427
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`to whom the Party reasonably believes it owes an obligation of confidentiality with
`
`respect to such document, information or material (“Protected Material”). Protected
`
`Material shall be designated by the Party producing it by affixing a legend or stamp on
`
`such document, information or material as follows: “CONFIDENTIAL.” The word
`
`“CONFIDENTIAL” shall be placed clearly on each page of the Protected Material
`
`(except deposition and hearing transcripts) for which such protection is sought. For
`
`deposition and hearing transcripts, the word “CONFIDENTIAL” shall be placed on the
`
`cover page of the transcript (if not already present on the cover page of the transcript
`
`when received from the court reporter) by each attorney receiving a copy of the transcript
`
`after that attorney receives notice of the designation of some or all of that transcript as
`
`“CONFIDENTIAL.”
`
`2.
`
`Any document produced under Patent Rules 2-2, 3-2, 3-4, and 3-8 before issuance of this
`
`Order with the designation “Confidential” or “Confidential - Outside Attorneys’ Eyes
`
`Only” shall receive the same treatment as if designated “RESTRICTED - ATTORNEYS’
`
`EYES ONLY” under this Order, unless and until such document is redesignated to have a
`
`different classification under this Order.
`
`3.
`
`With respect to documents, information or material designated “CONFIDENTIAL,”
`
`“RESTRICTED - ATTORNEYS’ EYES ONLY,” or RESTRICTED - OUTSIDE
`ATTORNEYS’ EYES ONLY (“DESIGNATED MATERIAL”),1 subject to the
`
`provisions herein and unless otherwise stated, this Order governs, without limitation: (a)
`
`all documents, electronically stored information, and/or things as defined by the Federal
`
`
`1 The term DESIGNATED MATERIAL is used throughout this Protective Order to refer
`to the class of materials designated as “CONFIDENTIAL,” “RESTRICTED - ATTORNEYS’
`EYES ONLY,” or “RESTRICTED - OUTSIDE ATTORNEYS’ EYES ONLY,” both
`individually and collectively.
`
`
`
`–2–
`
`
`Mylan v. Qualicaps, IPR2017-00203
`QUALICAPS EX. 2063 - 2/15
`
`

`

`Case 2:15-cv-01471-JRG-RSP Document 60 Filed 03/22/16 Page 3 of 15 PageID #: 428
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`Rules of Civil Procedure; (b) all pretrial, hearing or deposition testimony, or documents
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`marked as exhibits or for identification in depositions and hearings; (c) pretrial pleadings,
`
`exhibits to pleadings and other court filings; (d) affidavits; and (e) stipulations. All
`
`copies, reproductions, extracts, digests and complete or partial summaries prepared from
`
`any DESIGNATED MATERIALS shall also be considered DESIGNATED MATERIAL
`
`and treated as such under this Order.
`
`4.
`
`A designation of Protected Material (i.e., “CONFIDENTIAL,” “RESTRICTED -
`
`ATTORNEYS’ EYES ONLY,” or “RESTRICTED - OUTSIDE ATTORNEYS’ EYES
`
`ONLY”) may be made at any time. Inadvertent or unintentional production of documents,
`
`information or material that has not been designated as DESIGNATED MATERIAL
`
`shall not be deemed a waiver in whole or in part of a claim for confidential treatment.
`
`Any party that inadvertently or unintentionally produces Protected Material without
`
`designating it as DESIGNATED MATERIAL may request destruction of that Protected
`
`Material by notifying the recipient(s), as soon as reasonably possible after the producing
`
`Party becomes aware of the inadvertent or unintentional disclosure, and providing
`
`replacement Protected Material that is properly designated. The recipient(s) shall then
`
`destroy all copies of the inadvertently or unintentionally produced Protected Materials
`
`and any documents, information or material derived from or based thereon.
`
`5.
`
`“CONFIDENTIAL” documents, information and material may be disclosed only to the
`
`following persons, except upon receipt of the prior written consent of the designating
`
`party, upon order of the Court, or as set forth in paragraph 12 herein:
`
`(a)
`
`(b)
`
`outside counsel of record in this Action for the Parties;
`
`employees of such outside counsel assigned to and reasonably necessary to assist
`such counsel in the litigation of this Action;
`
`
`
`–3–
`
`
`Mylan v. Qualicaps, IPR2017-00203
`QUALICAPS EX. 2063 - 3/15
`
`

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`Case 2:15-cv-01471-JRG-RSP Document 60 Filed 03/22/16 Page 4 of 15 PageID #: 429
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`
`
`
`
`
`
`
`
`
`
`
`6.
`
`
`
`(c)
`
`(d)
`
`(e)
`
`in-house counsel for the Parties who either have responsibility for making
`decisions dealing directly with the litigation of this Action, or who are assisting
`outside counsel in the litigation of this Action;
`
`up to and including three (3) designated representatives of each of the Parties to
`the extent reasonably necessary for the litigation of this Action, except that either
`party may in good faith request the other party’s consent to designate one or
`more additional representatives, the other party shall not unreasonably withhold
`such consent, and the requesting party may seek leave of Court to designate such
`additional representative(s) if the requesting party believes the other party has
`unreasonably withheld such consent;
`
`outside consultants or experts (i.e., not existing employees or affiliates of a Party
`or an affiliate of a Party) retained for the purpose of this litigation, provided that:
`(1) such consultants or experts are not presently employed by the Parties hereto
`for purposes other than this Action; (2) before access is given, the consultant or
`expert has completed the Undertaking attached as Exhibit A hereto and the same
`is served upon the producing Party with a current curriculum vitae of the
`consultant or expert at least five (5) business days before access to the Protected
`Material is to be given to that consultant or Undertaking to object to and notify
`the receiving Party in writing that it objects to disclosure of Protected Material to
`the consultant or expert. The Parties agree to promptly confer and use good faith
`to resolve any such objection. If the Parties are unable to resolve any objection,
`the objecting Party may file a motion with the Court within fifteen (15) days of
`the notice, or within such other time as the Parties may agree, seeking a
`protective order with respect to the proposed disclosure. The objecting Party shall
`have the burden of proving the need for a protective order. No disclosure shall
`occur until all such objections are resolved by agreement or Court order;
`
`(f)
`
`independent litigation support services, including persons working for or as court
`reporters, graphics or design services, jury or trial consulting services, and
`photocopy, document imaging, and database services retained by counsel and
`reasonably necessary to assist counsel with the litigation of this Action; and
`
`(g)
`
`the Court and its personnel.
`
`A Party shall designate documents, information or material as “CONFIDENTIAL” only
`
`upon a good faith belief that the documents, information or material contains confidential
`
`or proprietary information or trade secrets of the Party or a Third Party to whom the Party
`
`reasonably believes it owes an obligation of confidentiality with respect to such
`
`documents, information or material.
`
`–4–
`
`
`Mylan v. Qualicaps, IPR2017-00203
`QUALICAPS EX. 2063 - 4/15
`
`

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`Case 2:15-cv-01471-JRG-RSP Document 60 Filed 03/22/16 Page 5 of 15 PageID #: 430
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`7.
`
`Documents, information or material produced pursuant to any discovery request in this
`
`Action, including but not limited to Protected Material designated as DESIGNATED
`
`MATERIAL, shall be used by the Parties only in the litigation of this Action and shall
`
`not be used for any other purpose. Any person or entity who obtains access to
`
`DESIGNATED MATERIAL or the contents thereof pursuant to this Order shall not
`
`make any copies, duplicates, extracts, summaries or descriptions of such DESIGNATED
`
`MATERIAL or any portion thereof except as may be reasonably necessary in the
`
`litigation of this Action. Any such copies, duplicates, extracts, summaries or descriptions
`
`shall be classified DESIGNATED MATERIALS and subject to all of the terms and
`
`conditions of this Order.
`
`8.
`
`To the extent a producing Party believes that certain Protected Material qualifying to
`
`be designated CONFIDENTIAL is so sensitive that its dissemination deserves even
`
`further limitation, the producing Party may designate such Protected Material
`
`“RESTRICTED -- ATTORNEYS’ EYES ONLY” or “RESTRICTED - OUTSIDE
`
`ATTORNEYS’ EYES ONLY.” The designation of “RESTRICTED - OUTSIDE
`
`ATTORNEYS’ EYES ONLY” shall be used for documents, information, or material
`
`relating to sales by Qualicaps Co., LTD and licensing agreement made by Qualicaps
`
`Co., LTD, including license agreements between Qualicaps Co. LTD and Warner
`
`Chilcott (US) and/orWarner Chilcott Co. and license agreements between Qualicaps
`
`Co. LTD and Teva Pharmaceuticals USA, Inc., as well as documents or information
`
`that a Party believes in good faith contains information the disclosure of which is
`
`highly likely to cause significant harm to an individual or to the business or
`
`competitive position of the Producing Party, including, for example, highly sensitive
`
`
`
`–5–
`
`
`Mylan v. Qualicaps, IPR2017-00203
`QUALICAPS EX. 2063 - 5/15
`
`

`

`Case 2:15-cv-01471-JRG-RSP Document 60 Filed 03/22/16 Page 6 of 15 PageID #: 431
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`business and financial information, highly sensitive research and development
`
`information, unpublished patent applications, and information related to whether or
`
`when to commercialize or attempt to commercialize any drug product. For the
`
`avoidance of doubt, a Defendant’s Abbreviated New Drug Application (“ANDA”), a
`
`Plaintiff’s New Drug Application (“NDA”), FDA correspondence related to said
`
`ANDA or NDA, and other technical information shall be designated “RESTRICTED
`
`-- ATTORNEYS’ EYES ONLY” not “RESTRICTED - OUTSIDE ATTORNEYS’
`
`EYES ONLY.” Notwithstanding any other provision of this order, expert reports (and
`
`drafts of said expert reports that are in good faith intended to be served on an
`
`opposing party), pleadings or other documents served on either party (but not exhibits
`
`thereto containing RESTRICTED – OUTSIDE ATTORNEYS’ EYES ONLY
`
`Protected Material) shall not be designated RESTRICTED – OUTSIDE
`
`ATTORNEYS’ EYES ONLY.
`
`9.
`
`For Protected Material designated RESTRICTED -- ATTORNEYS’ EYES ONLY,
`
`access to, and disclosure of, such Protected Material shall be limited to individuals listed
`
`in paragraphs 5(a-c) and (e-g); provided, however, that access by in-house counsel
`
`pursuant to paragraph 5(c) be limited to in-house counsel who exercise no competitive
`
`decision-making authority on behalf of the client.
`
`10.
`
`Protected Material designated RESTRICTED -- OUTSIDE ATTORNEYS’ EYES
`
`ONLY, access to, and disclosure of, such Protected Material shall be limited to
`
`individuals listed in paragraphs 5(a-b) and (e-g).
`
`11.
`
`Any attorney representing a Party, whether in-house or outside counsel, and any person
`
`associated with a Party and permitted to receive the other Party’s Protected Material that
`
`
`
`–6–
`
`
`Mylan v. Qualicaps, IPR2017-00203
`QUALICAPS EX. 2063 - 6/15
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`

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`Case 2:15-cv-01471-JRG-RSP Document 60 Filed 03/22/16 Page 7 of 15 PageID #: 432
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`is designated RESTRICTED -- ATTORNEYS’ EYES ONLY or RESTRICTED --
`
`OUTSIDE ATTORNEYS’ EYES ONLY (alternatively referred to as “HIGHLY
`
`SENSITIVE MATERIAL”), who obtains, receives, has access to, or otherwise learns, in
`
`whole or in part, the other Party’s HIGHLY SENSITIVE MATERIAL under this Order
`
`shall not prepare, prosecute, directly supervise, or directly assist in the preparation or
`
`prosecution of: (1) any patent application before the U.S. Patent and Trademark Office
`
`(“PTO”) or corresponding proceedings before any foreign patent authority; (2) any
`
`communication or submission to the U.S. Food and Drug Administration (“FDA”); or (3)
`
`the U.S. Pharmacopeia, or any similar entity, pertaining to mesalamine delayed-release
`
`ulcerative colitis products, Delzicol®, generic equivalents thereto (including Defendant’s
`
`proposed ANDA Products), or hydroxypropyl methylcellulose capsules on behalf of the
`
`receiving Party or its acquirer, successor, predecessor, or other affiliate during the
`
`pendency of this Action and for two (2) years after its conclusion, including any appeals.
`
`To ensure compliance with the purpose of this provision, each Party shall create an
`
`“Ethical Wall” between those persons with access to HIGHLY SENSITIVE MATERIAL
`
`and any individuals who, on behalf of the Party or its acquirer, successor, predecessor, or
`
`other affiliate, prepare, prosecute, directly supervise or assist in the preparation or
`
`prosecution of any patent application pertaining to mesalamine delayed-release ulcerative
`
`colitis products, Delzicol®, generic equivalents thereto (including Defendant’s proposed
`
`ANDA Products), or hydroxypropyl methylcellulose capsules. For avoidance of doubt, it
`
`is agreed and understood that this paragraph’s restrictions on “preparation or prosecution
`
`of any patent application pertaining to mesalamine delayed-release ulcerative colitis
`
`products, Delzicol®, generic equivalents thereto (including Defendant’s proposed ANDA
`
`
`
`–7–
`
`
`Mylan v. Qualicaps, IPR2017-00203
`QUALICAPS EX. 2063 - 7/15
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`

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`Products), or hydroxypropyl methylcellulose capsules” prevent persons subject to the
`
`restrictions from participating in the amendment of claims in any reexaminations, inter
`
`partes review that is brought by Defendant and instituted by the Patent Trial and Appeal
`
`Board, post grant review, or any contested proceeding in the U.S. Patent & Trademark
`
`Office or any foreign patent office, but do not otherwise prohibit participation in such
`
`proceedings.
`
`12.
`
`Nothing in this Order shall require production of documents, information or other
`
`material that a Party contends is protected from disclosure by the attorney-client
`
`privilege, the work product doctrine, or other privilege, doctrine, or immunity. If
`
`documents, information or other material subject to a claim of attorney-client privilege,
`
`work product doctrine, or other privilege, doctrine, or immunity is inadvertently or
`
`unintentionally produced, such production shall in no way prejudice or otherwise
`
`constitute a waiver of, or estoppel as to, any such privilege, doctrine, or immunity. Any
`
`Party that inadvertently or unintentionally produces documents, information or other
`
`material it reasonably believes are protected under the attorney-client privilege, work
`
`product doctrine, or other privilege, doctrine, or immunity may obtain the return of such
`
`documents, information or other material by promptly notifying the recipient(s) and
`
`providing a privilege log for the inadvertently or unintentionally produced documents,
`
`information or other material. The recipient(s) shall gather and return or certify to the
`
`destruction of all copies of such documents, information or other material to the
`
`producing Party, except for any pages containing privileged or otherwise protected
`
`markings by the recipient(s), which pages shall instead be destroyed and certified as such
`
`to the producing Party.
`
`
`
`–8–
`
`
`Mylan v. Qualicaps, IPR2017-00203
`QUALICAPS EX. 2063 - 8/15
`
`

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`Case 2:15-cv-01471-JRG-RSP Document 60 Filed 03/22/16 Page 9 of 15 PageID #: 434
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`13.
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`There shall be no disclosure of any DESIGNATED MATERIAL by any person
`
`authorized to have access thereto to any person who is not authorized for such access
`
`under this Order. The Parties are hereby ORDERED to safeguard all such documents,
`
`information and material to protect against disclosure to any unauthorized persons or
`
`entities.
`
`14.
`
`Nothing contained herein shall be construed to prejudice any Party’s right to use any
`
`DESIGNATED MATERIAL in taking testimony at any deposition or hearing provided
`
`that the DESIGNATED MATERIAL is only disclosed to a person(s) who is: (i) eligible
`
`to have access to the DESIGNATED MATERIAL by virtue of his or her employment
`
`with the designating party, (ii) identified in the DESIGNATED MATERIAL as an
`
`author, addressee, or copy recipient of such information, (iii) although not identified as
`
`an author, addressee, or copy recipient of such DESIGNATED MATERIAL, has, in the
`
`ordinary course of business, seen such DESIGNATED MATERIAL, (iv) a current or
`
`former officer, director or employee of the producing Party or a current or former officer,
`
`director or employee of a company affiliated with the producing Party; (v) counsel for a
`
`Party, including outside counsel and in-house counsel (subject to paragraph 9 of this
`
`Order); (vi) an independent contractor, consultant, and/or expert retained for the purpose
`
`of this litigation; (vii) court reporters and videographers; (viii) the Court; or (ix) other
`
`persons entitled hereunder to access to DESIGNATED MATERIAL. DESIGNATED
`
`MATERIAL shall not be disclosed to any other persons unless prior authorization is
`
`obtained from counsel representing the producing Party or from the Court.
`
`15.
`
`Parties may, at the deposition or hearing or within thirty (30) days after receipt of a
`
`deposition or hearing transcript, designate the deposition or hearing transcript or any
`
`
`
`–9–
`
`
`Mylan v. Qualicaps, IPR2017-00203
`QUALICAPS EX. 2063 - 9/15
`
`

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`Case 2:15-cv-01471-JRG-RSP Document 60 Filed 03/22/16 Page 10 of 15 PageID #: 435
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`portion thereof as “CONFIDENTIAL,” “RESTRICTED - ATTORNEYS’ EYES
`
`ONLY,” or “RESTRICTED -- OUTSIDE ATTORNEYS’ EYES ONLY” pursuant to
`
`this Order. Such designations shall be limited to the portions of the deposition that are
`
`“CONFIDENTIAL,”
`
`“RESTRICTED
`
`- ATTORNEYS’ EYES ONLY,” or
`
`“RESTRICTED -- OUTSIDE ATTORNEYS’ EYES ONLY.” Access to the deposition
`
`or hearing transcript so designated shall be limited in accordance with the terms of this
`
`Order. Until expiration of the 30-day period, the entire deposition or hearing transcript
`
`shall be treated as confidential.
`
`16.
`
`Any DESIGNATED MATERIAL that is filed with the Court shall be filed under seal
`
`and shall remain under seal until further order of the Court. The filing party shall be
`
`responsible for informing the Clerk of the Court that the filing should be sealed and for
`
`placing the legend “FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER”
`
`above the caption and conspicuously on each page of the filing. Exhibits to a filing shall
`
`conform to the labeling requirements set forth in this Order. If a pretrial pleading filed
`
`with the Court, or an exhibit thereto, discloses or relies on confidential documents,
`
`information or material, such confidential portions shall be redacted to the extent
`
`necessary and the pleading or exhibit filed publicly with the Court.
`
`17.
`
`The Order applies to pretrial discovery. Nothing in this Order shall be deemed to prevent
`
`the Parties from introducing any DESIGNATED MATERIAL into evidence at the trial
`
`of this Action, or from using any information contained in DESIGNATED MATERIAL
`
`at the trial of this Action, subject to any pretrial order issued by this Court.
`
`18.
`
`A Party may request in writing to the other Party that the designation given to any
`
`DESIGNATED MATERIAL be modified or withdrawn. If the designating Party does
`
`–10–
`
`Mylan v. Qualicaps, IPR2017-00203
`QUALICAPS EX. 2063 - 10/15
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`

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`Case 2:15-cv-01471-JRG-RSP Document 60 Filed 03/22/16 Page 11 of 15 PageID #: 436
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`not agree to redesignation within ten (10) days of receipt of the written request, the
`
`requesting Party may apply to the Court for relief. Upon any such application to the
`
`Court, the burden shall be on the designating Party to show why its classification is
`
`proper. Such application shall be treated procedurally as a motion to compel pursuant to
`
`Federal Rules of Civil Procedure 37, subject to the Rule’s provisions relating to
`
`sanctions. In making such application, the requirements of the Federal Rules of Civil
`
`Procedure and the Local Rules of the Court shall be met. Pending the Court’s
`
`determination of the application, the designation of the designating Party shall be
`
`maintained.
`
`19.
`
`Each outside consultant or expert to whom DESIGNATED MATERIAL is disclosed in
`
`accordance with the terms of this Order shall be advised by counsel of the terms of this
`
`Order, shall be informed that he or she is subject to the terms and conditions of this
`
`Order, and shall sign an acknowledgment that he or she has received a copy of, has read,
`
`and has agreed to be bound by this Order. A copy of the acknowledgment form is
`
`attached as Appendix A.
`
`20.
`
`To the extent that any discovery is taken of persons who are not Parties to this Action
`
`(“Third Parties”) and in the event that such Third Parties contended the discovery sought
`
`involves
`
`trade secrets, confidential business
`
`information, or other proprietary
`
`information, then such Third Parties may agree to be bound by this Order.
`
`21.
`
`To the extent that discovery or testimony is taken of Third Parties, the Third Parties may
`
`designate as “CONFIDENTIAL,” “RESTRICTED -- ATTORNEYS’ EYES ONLY,” or
`
`“RESTRICTED -- OUTSIDE ATTORNEYS’ EYES ONLY” any documents,
`
`information or other material, in whole or in part, produced or give by such documents,
`
`–11–
`
`Mylan v. Qualicaps, IPR2017-00203
`QUALICAPS EX. 2063 - 11/15
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`

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`Case 2:15-cv-01471-JRG-RSP Document 60 Filed 03/22/16 Page 12 of 15 PageID #: 437
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`information or other material, in whole or in part, produced or give by such Third
`
`Parties. The Third Parties shall have ten (10) days after production of such documents,
`
`information or other materials to make such a designation. Until that time period lapses
`
`or until such a designation has been made, whichever occurs sooner, all documents,
`
`information or other material so produced or given shall be
`
`treated as
`
`“CONFIDENTIAL” in accordance with this Order.
`
`22. Within thirty (30) days of final termination of this Action, including any appeals, all
`
`DESIGNATED MATERIAL, including all copies, duplicates, abstracts, indexes,
`
`summaries, descriptions, and excerpts or extracts thereof (excluding excerpts or extracts
`
`incorporated into any privileged memoranda of the Parties and materials which have
`
`been admitted into evidence in this Action), shall be returned to the producing Party or
`
`be destroyed. The receiving Party shall verify the return or destruction by affidavit
`
`furnished to the producing Party, upon the producing Party’s request.
`
`23.
`
`The failure to designate documents, information or material in accordance with this
`
`Order and the failure to object to a designation at a given time shall not preclude the
`
`filing of a motion at a later date seeking to impose such designation or challenging the
`
`propriety thereof. The entry of this Order and/or the production of documents,
`
`information and material hereunder shall in no way constitute a waiver of any objection
`
`to the furnishing thereof, all such objections being hereby preserved.
`
`24.
`
`Any Party knowing or believing that any other party is in violation of or intends to
`
`violate this Order and has raised the question of violation or potential violation with the
`
`opposing party and has been unable to resolve the matter by agreement may move the
`
`Court for such relief as may be appropriate in the circumstances. Pending disposition of
`
`
`
`–12–
`
`
`Mylan v. Qualicaps, IPR2017-00203
`QUALICAPS EX. 2063 - 12/15
`
`

`

`Case 2:15-cv-01471-JRG-RSP Document 60 Filed 03/22/16 Page 13 of 15 PageID #: 438
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`the motion by the Court, the Party alleged to be in violation of or intending to violate this
`
`Order shall discontinue the performance of and/or shall not undertake the further
`
`performance of any action alleged to constitute a violation of this Order.
`
`25.
`
`Production of DESIGNATED MATERIAL by each of the Parties shall not be deemed a
`
`publication of the documents, information and material (or the contents thereof)
`
`produced so as to void or make voidable whatever claim the Parties may have as to the
`
`proprietary and confidential nature of the documents, information or other material or its
`
`contents.
`
`26.
`
`Nothing in this Order shall be construed to effect an abrogation, waiver or limitation of
`
`any kind on the rights of each of the Parties to assert any applicable discovery or trial
`
`privilege.
`
`27.
`
`Each of the Parties shall also retain the right to file a motion with the Court (a) to modify
`
`this Order to allow disclosure of DESIGNATED MATERIAL to additional persons or
`
`entities if reasonably necessary to prepare and present this Action and (b) to apply for
`
`additional protection of DESIGNATED MATERIAL.
`
`–13–
`
`Mylan v. Qualicaps, IPR2017-00203
`QUALICAPS EX. 2063 - 13/15
`
`

`

`Case 2:15-cv-01471-JRG-RSP Document 60 Filed 03/22/16 Page 14 of 15 PageID #: 439
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`WARNER CHILCOTT (US), LLC,
`WARNER CHILCOTT COMPANY,
`LLC, AND QUALICAPS CO., LTD.,
`
`Plaintiffs,
`
`v.
`
`TEVA PHARMACEUTICALS USA,
`INC.
`
`Defendant.
`
`Civil Action No. 2:15-cv-01471-JRG-RSP
`
`APPENDIX A
`UNDERTAKING OF EXPERTS OR CONSULTANTS REGARDING
`PROTECTIVE ORDER
`I, ___________________________________________, declare that:
`
`1.
`
`My address is _________________________________________________________.
`
`2.
`
`3.
`
`My current employer is _________________________________________________.
`
`My current occupation is ________________________________________________.
`
`I have received a copy of the Protective Order in this action. I have carefully read and
`
`understand the provisions of the Protective Order.
`
`I will comply with all of the provisions of the Protective Order. I will hold in confidence,
`
`will not disclose to anyone not qualified under the Protective Order, and will use only for
`
`purposes of this action any information designated as “CONFIDENTIAL,” or
`
`–1–
`
`Mylan v. Qualicaps, IPR2017-00203
`QUALICAPS EX. 2063 - 14/15
`
`

`

`Case 2:15-cv-01471-JRG-RSP Document 60 Filed 03/22/16 Page 15 of 15 PageID #: 440
`
`“RESTRICTED -- ATTORNEYS’ EYES ONLY,” or “RESTRICTED -- OUTSIDE
`
`ATTORNEYS’ EYES ONLY” that is disclosed to me.
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`4.
`
`Promptly upon termination of these actions, I will return all documents and things
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`designated as “CONFIDENTIAL,” “RESTRICTED -- ATTORNEYS’ EYES ONLY” or
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`“RESTRICTED -- OUTSIDE ATTORNEYS’ EYES ONLY” that came into my
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`possession, and all documents and things that I have prepared relating thereto, to the
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`outside counsel for the party by whom I am employed.
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`5.
`
`I hereby submit to the jurisdiction of this Court for the purpose of enforcement of the
`
`Protective Order in this action.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Signature ________________________________________
`
`Date _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
`
`–2–
`
`Mylan v. Qualicaps, IPR2017-00203
`QUALICAPS EX. 2063 - 15/15
`
`