`Patent 6,649,180 B1
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`Proposed 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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`MYLAN PHARMACEUTICALS INC.,
`Petitioner,
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`v.
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`QUALICAPS CO., LTD,
`Patent Owner
`
`____________
`
`IPR2017-00203
`Patent 6,649,180 B1
`____________
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`PROPOSED PROTECTIVE ORDER
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`Mylan v. Qualicaps, IPR2017-00203
`QUALICAPS EX. 2073 - 1/8
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`IPR2017-00203
`Patent 6,649,180 B1
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`Proposed Protective Order
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`MODIFIED PROTECTIVE ORDER
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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
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`information
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`shall
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`be
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`clearly marked
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`“PROTECTIVE ORDER MATERIAL,” “RESTRICTED – ATTORNEYS’
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`EYES ONLY,” or “RESTRICTED – OUTSIDE ATTORNEYS’ EYES
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`ONLY.”
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`2. Access to confidential information marked “PROTECTIVE
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`ORDER MATERIAL” is limited to the following individuals who have
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`executed the acknowledgment appended to this order:
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`(A) Parties. Persons who are owners of a patent involved in
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`the proceeding and other persons who are named parties to the
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`proceeding.
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`(B) Party Representatives. Representatives of record for a
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`party in the proceeding.
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`(C) Experts. Retained experts of a party in the proceeding who
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`further certify in the Acknowledgement that they are not a competitor
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`to any party, or a consultant for, or employed by, such a competitor
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`with respect to the subject matter of the proceeding.
`Mylan v. Qualicaps, IPR2017-00203
`QUALICAPS EX. 2073 - 2/8
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`IPR2017-00203
`Patent 6,649,180 B1
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`Proposed Protective Order
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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
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`other persons performing work for a party, other than in-house
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`counsel and in- house counsel’s support staff, who sign the
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`Acknowledgement shall be extended access
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`to confidential
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`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
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`confidential information to that person. The party opposing
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`disclosure to that person shall have the burden of proving that such
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`person should be restricted from access to confidential information.
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`(F) The Office. Employees and representatives of the Office
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`who have a need for access to the confidential information shall have
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`such access without the requirement to sign an Acknowledgement.
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`Such employees and representatives shall include the Director,
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`members of the Board and their clerical staff, other support
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`personnel, court reporters, and other persons acting on behalf of the
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`Office.
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`(G) Support Personnel. Administrative assistants, clerical
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`staff, court reporters and other support personnel of the foregoing
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`Mylan v. Qualicaps, IPR2017-00203
`QUALICAPS EX. 2073 - 3/8
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`IPR2017-00203
`Patent 6,649,180 B1
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`Proposed Protective Order
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`persons who are reasonably necessary to assist those persons in the
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`proceeding shall not be required to sign an Acknowledgement, but
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`shall be informed of the terms and requirements of the Protective
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`Order by the person they are supporting who receives confidential
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`information.
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`3. Access to confidential information marked “RESTRICTED –
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`ATTORNEYS’ EYES ONLY” is limited to the individuals listed in sections
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`2(B), 2(C), and 2(F), and also to in-house counsel listed in section 2(D) who
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`exercise no competitive decision-making authority on behalf of their client,
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`and also to individuals listed in section 2(G) as it relates to sections 2(B),
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`2(C), 2(F), and to section 2(D) as limited above, who have executed the
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`acknowledgment appended to this order.
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`4. Access to confidential information marked “RESTRICTED –
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`OUTSIDE ATTORNEYS’ EYES ONLY” is limited to the individuals
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`listed in sections 2(B), 2(C), and 2(F), and also to individuals listed in
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`section 2(G) as it relates to sections 2(B), 2(C), 2(F), who have executed the
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`acknowledgment appended to this order.
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`5. Persons receiving confidential information shall use reasonable
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`efforts to maintain the confidentiality of the information, including:
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`Mylan v. Qualicaps, IPR2017-00203
`QUALICAPS EX. 2073 - 4/8
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`IPR2017-00203
`Patent 6,649,180 B1
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`Proposed Protective Order
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`(A) Maintaining such information in a secure location to
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`which persons not authorized to receive the information shall not
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`have access;
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`(B) Otherwise using reasonable efforts to maintain the
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`confidentiality of the information, which efforts shall be no less
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`rigorous than those the recipient uses to maintain the confidentiality
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`of information not received from the disclosing party;
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`(C) Ensuring that support personnel of the recipient who have
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`access to the confidential information understand and abide by the
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`obligation to maintain the confidentiality of information received that
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`is designated as confidential; and
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`(D) Limiting the copying of confidential information to a
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`reasonable number of copies needed for conduct of the proceeding
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`and maintaining a record of the locations of such copies.
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`6. 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
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`Board under seal, together with a non-confidential description
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`Mylan v. Qualicaps, IPR2017-00203
`QUALICAPS EX. 2073 - 5/8
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`IPR2017-00203
`Patent 6,649,180 B1
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`Proposed Protective Order
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`of the nature of the confidential information that is under seal
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`and the reasons why the information is confidential and should
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`not be made available to the public. The submission shall be
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`treated as confidential and remain under seal, unless, upon
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`motion of a party and after a hearing on the issue, or sua sponte,
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`the Board determines that the documents or information do not
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`to qualify for confidential treatment.
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`(ii) Where confidentiality is alleged as to some but not
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`all of the information submitted to the Board, the submitting
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`party shall 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
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`not be made available to the public. The non-confidential
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`version of 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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`Mylan v. Qualicaps, IPR2017-00203
`QUALICAPS EX. 2073 - 6/8
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`IPR2017-00203
`Patent 6,649,180 B1
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`Proposed Protective Order
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`determines that some or all of the redacted information does
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`not qualify for confidential treatment.
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`(iii) The filing party in (i) and (ii) above shall clearly
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`mark confidential information as “PROTECTIVE ORDER
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`MATERIAL,” “RESTRICTED – ATTORNEYS’ EYES
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`ONLY,” or “RESTRICTED – OUTSIDE ATTORNEYS’
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`EYES ONLY.”
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`(B) Documents and Information Exchanged Among the
`Parties.
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`Information designated as confidential that is disclosed to
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`another party during discovery or other proceedings before the Board
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`shall be clearly marked as “PROTECTIVE ORDER MATERIAL,”
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`“RESTRICTED – ATTORNEYS’ EYES ONLY,” or “RESTRICTED
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`– OUTSIDE ATTORNEYS’ EYES ONLY,” and shall be produced in
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`a manner that maintains its confidentiality.
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`7. Standard Acknowledgement of Protective Order. The following
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`form shall be used to acknowledge a protective order and gain access to
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`information covered by the protective order:
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`Mylan v. Qualicaps, IPR2017-00203
`QUALICAPS EX. 2073 - 7/8
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`IPR2017-00203
`Patent 6,649,180 B1
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`
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`Proposed Protective Order
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
`
`MYLAN PHARMACEUTICALS INC.,
`Petitioner,
`
`v.
`
`QUALICAPS CO., LTD.,
`Patent Owner.
`
`
`Case IPR2017-00203
`U.S. Patent No. 6,649,180 B1
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`Standard Acknowledgment for Access to Protective Order Material
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`, affirm that I have read the Protective Order; that I will
`I
`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.
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`[Signature]
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`Mylan v. Qualicaps, IPR2017-00203
`QUALICAPS EX. 2073 - 8/8
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