UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`EDWARDS LIFESCIENCES CORPORATION
`Petitioners
`
`v.
`
`BOSTON SCIENTIFIC SCIMED, INC.
`Patent Owner
`_____________
`
`Case IPR2017-00444
`Patent 6,915,560
`_____________
`
`JOINT MOTION FOR ENTRY OF STIPULATED PROTECTIVE
`ORDER
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`EDWARDS LIFESCIENCES CORPORATION
`Petitioners
`
`v.
`
`BOSTON SCIENTIFIC SCIMED, INC.
`Patent Owner
`_____________
`
`Case IPR2017-00444
`Patent 6,915,560
`_____________
`
`JOINT MOTION FOR ENTRY OF STIPULATED PROTECTIVE
`ORDER
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`Pursuant to the Final Rules of Practice for Trials Before the Patent Trial
`
`and Appeal Board and Judicial Review of Patent Trial and Appeal Board
`
`Decisions (77 Fed. Reg. 157, Aug. 14, 2012), 35 U.S.C. § 316, 37 C.F.R.
`
`§ 42.54, and § A.2 of the Case Management and Scheduling Order entered in
`
`this proceeding, Patent Owner Boston Scientific Scimed, Inc. and Petitioner
`
`Edwards Lifesciences Corporation jointly move for entry of the Stipulated
`
`Protective Order attached hereto as Exhibit 1.
`
`The Stipulated Protective Order is based on the Default Protective Order
`
`provided in Appendix B of the Trial Practice Guide (the “Default Order”), with
`
`modifications agreed upon by the Parties. Good cause exists for entry of the
`
`Stipulated Protective Order because the modifications proposed by the Parties
`
`are intended to aid the Parties’ compliance with a protective order (the
`
`“California Protective Order”) entered by the court in a patent infringement
`
`action in the United States District Court for the Central District of California
`
`captioned Boston Scientific Corp., et al. v. Edwards Lifesciences Corp., No.
`
`8:16-cv-0730-CJC-GJS (the “California Action”). The California Protective
`
`Order permits the parties to use information designated in the California Action
`
`as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL,” or “HIGHLY
`
`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” (collectively, “California
`
`Protective Order Material”) in inter partes review proceedings relating to the
`
`1
`
`
`
`patents-in-suit, including U.S. Patent 6,915,560, subject to the conditions
`
`described in the California Protective Order. As described in detail below and
`
`reflected in the document comparing the Parties’ Stipulated Protective Order to
`
`the Default Protective Order attached hereto as Exhibit 2, each of the
`
`modifications to the Board’s default protective order agreed to by the Parties is
`
`intended to comply with the California Protective Order while effectuating the
`
`Parties’ intent that they be permitted to use California Protective Order Material
`
`in this IPR. While the changes from the Board’s Default Order are intended to
`
`ensure that the parties themselves comply with the California Protective Order,
`
`the Parties’ Stipulated Protective Order does not require the Board to interpret
`
`the California Protective Order or for the Board to ensure that the Parties
`
`comply with the California Protective Order.
`
`Paragraph 1 - This new paragraph is warranted because it explains why
`
`the Parties have requested entry of a protective order that differs from the
`
`Default Order and defines terms used elsewhere in the order. The definition of
`
`California Protective Order Material is intended to make clear when the
`
`proposed order is referring to information that is subject to the protections
`
`imposed by the California Protective Order. The final two sentences of this
`
`paragraph are intended to confirm that the Parties remain bound by the
`
`California Protective Order, and that any disputes arising from that Order will
`
`2
`
`
`
`be resolved by the District Court for the Central District of California. This
`
`clarifies that any disputes arising from the California Protective Order will not
`
`require this Board to interpret or enforce that Order.
`
`Paragraph 2 (Default Order Paragraph 1) - In addition to including the
`
`Default Order’s requirement regarding the marking of confidential information,
`
`this paragraph requires the Parties to maintain the original confidentiality
`
`markings applied pursuant to the California Protective Order so that the Parties
`
`can ensure they are complying with the requirements of both protective orders.
`
`Paragraph 3 (Default Order Paragraph 5(B)) - This paragraph is modified
`
`to make clear that it addresses information designated as confidential that was
`
`not previously produced and designated in the California Action.
`
`Paragraph 4 (Default Order Paragraph 2) - The modification to the first
`
`sentence of this paragraph is intended to make clear that the provisions of the
`
`Stipulated Protective Order apply in this proceeding to distinguish it from the
`
`California Action, which is governed by the California Protective Order, and to
`
`remove the requirement that individuals must execute the acknowledgement
`
`appended to the proposed order, except as specifically set forth in subsequent
`
`paragraphs.
`
`Paragraph 4(A) (Default Order Paragraph 2(A)) - This sub-paragraph is
`
`modified to permit the Parties to comply with provisions of the California
`
`3
`
`
`
`Protective Order that prohibit the Parties (not including in-house counsel) from
`
`reviewing California Protective Order Material.
`
`Paragraph 4(C) (Default Order Paragraph 2(C)) - This sub-paragraph is
`
`modified to expressly require that experts not covered by Paragraph 3(A) be
`
`required to execute the acknowledgement appended to the proposed order prior
`
`to accessing confidential information for purposes of this proceeding.
`
`Default Order Paragraph 2(D) - This sub-paragraph is eliminated as it is
`
`effectively incorporated into Paragraph 2 of the proposed order.
`
`Default Order Paragraph 2(E) - This sub-paragraph is eliminated to
`
`permit the Parties to comply with provisions of the California Protective Order
`
`that prohibit the Parties (not including in-house counsel) from reviewing
`
`California Protective Order Material.
`
`Paragraph 4(D) (Default Order Paragraph 4(F)) - This sub-paragraph is
`
`modified to maintain its consistency with the Default Order, which does not
`
`require certain Office personnel to sign an acknowledgement, in view of
`
`Paragraph 4 of the proposed order.
`
`Paragraph 4(E) (Default Order Paragraph 4(G)) - This sub-paragraph is
`
`modified to maintain its consistency with the Default Order, which does not
`
`require certain support personnel to sign an acknowledgement, in view of
`
`Paragraph 4 of the proposed order.
`
`4
`
`
`
`Paragraph 7 - This paragraph is added to ensure that California Protective
`
`Order Material used in this proceeding pursuant to the Parties’ agreement
`
`embodied in the California Protective Order is used only in connection with
`
`this proceeding except as required by law or the Parties’ agreement (including
`
`as permitted by the California Protective Order, which is separately enforced by
`
`the District Court for the Central District of California).
`
`Because the Parties’ proposed modifications are narrowly tailored to
`
`permit the Parties to effectuate another protective order entered by a court, the
`
`Parties respectfully request that the Board enter the Stipulated Protective Order.
`
`/s/ Cheryl T. Burgess
`Craig S. Summers (Reg. No. 31,430)
`Brenton R. Babcock (Reg. No. 39,592)
`Christy G. Lea (Reg. No. 51,754)
`Cheryl T. Burgess (Reg No. 55,030)
`KNOBBE, MARTENS, OLSON &
`BEAR, LLP
`2040 Main Street, 14th Floor
`Irvine, CA 92614
`Tel: (949) 760-0404
`Fax: (949) 760-9502
`
`Attorneys for Petitioner
`Edwards Lifesciences Corporation
`
`DATED: September 19, 2017
`
`/s/ Wallace Wu
`Wallace Wu (Reg. No. 45,380)
`Jennifer A. Sklenar (Reg. No. 40,205)
`ARNOLD & PORTER KAYE
`SCHOLER LLP
`777 S. Figueroa Street, 44th Floor
`Los Angeles, CA 90017-5844
`Tel: (213) 243-4000
`Fax: (213) 243-4199
`
`Nicholas M. Nyemah (Reg. No. 67,788)
`ARNOLD & PORTER KAYE
`SCHOLER LLP
`601 Massachusetts Avenue, NW
`Washington, DC 20001
`Tel: (202) 942-6681
`Fax: (202) 942-5999
`
`Attorneys for Patent Owner Boston
`Scientific Scimed, Inc.
`
`5
`
`
`
`
`EXHIBIT 1
`
`
`EXHIBIT 1
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`EDWARDS LIFESCIENCES CORPORATION
`Petitioners
`
`v.
`
`BOSTON SCIENTIFIC SCIMED, INC.
`Patent Owner
`_____________
`
`Case IPR2017-00444
`Patent 6,915,560
`_____________
`
`[PROPOSED] STIPULATED PROTECTIVE ORDER
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`This standing protective order governs the treatment and filing of
`
`confidential information, including documents and testimony.
`
`1.
`
`California Protective Order Material. Petitioner Edwards Lifesciences
`
`Corporation (“Edwards”) and Patent Owner Boston Scientific Scimed, Inc.
`
`(“Boston Scientific”) are parties to a patent infringement action in the United
`
`States District Court for the Central District of California captioned Boston
`
`Scientific Corp., et al. v. Edwards Lifesciences Corp., No. 8:16-cv-0730-CJC-GJS
`
`(the “California Action”). A protective order was entered in the California Action
`
`(the “California Protective Order”) that provides for the protection of trade secret,
`
`proprietary, and other confidential research, development, financial, business, or
`
`commercial information. The California Protective Order permits the parties to
`
`use information designated pursuant to that order as “CONFIDENTIAL,”
`
`“HIGHLY CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
`
`EYES ONLY” (collectively, “California Protective Order Material”) in inter
`
`partes review proceedings relating to the patents-in-suit, including U.S. Patent
`
`6,915,560. Edwards and Boston Scientific intend to use such California Protective
`
`Order Material in this inter partes review proceeding and desire to protect such
`
`information to the same extent that such information is protected by the California
`
`Protective Order and in accordance with the rules and guidelines issued by the
`
`Patent Trial and Appeal Board (the “Board”). The parties further understand that
`
`1
`
`
`
`they remain bound by all provisions of the California Protective Order, and that
`
`they remain subject to the jurisdiction of the United States District Court for the
`
`Central District of California.
`
`2.
`
`Any California Protective Order Material that a party seeks to use
`
`from the California Action for purposes of this proceeding shall be clearly marked
`
`“PROTECTIVE ORDER MATERIAL.” California Protective Order Material
`
`designated in the California Action shall continue to be maintained with the
`
`original confidentiality designation.
`
`3.
`
`Additional 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, and that was not
`
`previously produced and designated in the California Action, shall be clearly
`
`marked as “PROTECTIVE ORDER MATERIAL” (hereinafter, “Protective Order
`
`Material”), and shall be produced in a manner that maintains its confidentiality.
`
`4.
`
`Access to California Protective Order Material and Protective Order
`
`Material (collectively “Confidential Information”), for purposes of this proceeding,
`
`is limited to the following individuals:
`
`(A)
`
`California Protective Order Individuals. Outside Counsel Of
`
`Record, Experts, and Designated In-House Counsel as those terms are
`
`defined in the California Protective Order.
`
`2
`
`
`
`(B)
`
`Party Representatives. Representatives of record for a party in
`
`the proceeding.
`
`(C)
`
`Experts. Retained experts of a party in the proceeding who
`
`have executed the Acknowledgment appended to this order and who 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.
`
`(D)
`
`The Office. Employees and representatives of the Office who
`
`have a need for access to said Confidential Information. 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. Such
`
`individuals shall be informed of the terms and requirements of the Protective
`
`Order by the person they are supporting who receives said Confidential
`
`Information.
`
`5.
`
`Persons receiving Confidential Information shall use reasonable
`
`efforts to maintain the confidentiality of the information, including:
`
`3
`
`
`
`(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;
`
`(C)
`
`Ensuring that support personnel of the recipient who have
`
`access to 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.
`
`6.
`
`Persons receiving Confidential Information shall use the following
`
`procedures to maintain the confidentiality of the information:
`
`(A)
`
`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.
`
`4
`
`
`
`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
`
`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.
`
`7.
`
`The parties agree that Confidential Information will be used only in
`
`connection with this proceeding and for no other purpose, except that as provided
`
`by law, the California Protective Order, or by the parties’ agreement.
`
`[SIGNATURE BLOCKS ON FOLLOWING PAGE]
`
`5
`
`
`
`DATED: September 19, 2017
`
`/s/ Wallace Wu
`Wallace Wu (Reg. No. 45,380)
`Jennifer A. Sklenar (Reg. No. 40,205)
`ARNOLD & PORTER KAYE
`SCHOLER LLP
`777 S. Figueroa Street, 44th Floor
`Los Angeles, CA 90017-5844
`Tel: (213) 243-4000
`Fax: (213) 243-4199
`
`Nicholas M. Nyemah (Reg. No. 67,788)
`ARNOLD & PORTER KAYE
`SCHOLER LLP
`601 Massachusetts Avenue, NW
`Washington, DC 20001
`Tel: (202) 942-6681
`Fax: (202) 942-5999
`
`Attorneys for Patent Owner Boston
`Scientific Scimed, Inc.
`
`/s/ Cheryl T. Burgess
`Craig S. Summers (Reg. No. 31,430)
`Brenton R. Babcock (Reg. No. 39,592)
`Christy G. Lea (Reg. No. 51,754)
`Cheryl T. Burgess (Reg No. 55,030)
`KNOBBE, MARTENS, OLSON &
`BEAR, LLP
`2040 Main Street, 14th Floor
`Irvine, CA 92614
`Tel: (949) 760-0404
`Fax: (949) 760-9502
`
`Attorneys for Petitioner
`Edwards Lifesciences Corporation
`
`SO ORDERED this
`
`day of ______________, 2017.
`
`PATENT TRIAL AND APPEAL BOARD
`
`6
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`EDWARDS LIFESCIENCES CORPORATION
`Petitioners
`
`v.
`
`BOSTON SCIENTIFIC SCIMED, INC.
`Patent Owner
`_____________
`
`Case IPR2017-00444
`Patent 6,915,560
`_____________
`
`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 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. I further acknowledge that I may receive documents in this
`
`proceeding that are subject to a Protective Order (D.I. 46) in the United
`
`States District Court for the Central District of California case captioned
`
`Boston Scientific Corp., et al. v. Edwards Lifesciences Corp., No. 8:16-cv-
`
`0730-CJC-GJS (the “California Action”).
`
`DATE:
`
`SIGNATURE:
`
`
`
`
`EXHIBIT 2
`
`
`EXHIBIT 2
`
`
`
`
`Standing Protective Order
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`EDWARDS LIFESCIENCES CORPORATION
`Petitioners
`
`v.
`
`BOSTON SCIENTIFIC SCIMED, INC.
`Patent Owner
`_____________
`
`Case IPR2017-00444
`Patent 6,915,560
`_____________
`
`[PROPOSED] STIPULATED PROTECTIVE ORDER
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`This standing protective order governs the treatment and filing of
`
`confidential information, including documents and testimony.
`
`1.
`
`Confidential information shall be clearly marked “PROTECTIVE
`
`ORDER MATERIAL.”
`
`1.
`
`Access to confidential information is California Protective Order
`
`Material. Petitioner Edwards Lifesciences Corporation (“Edwards”) and Patent
`
`Owner Boston Scientific Scimed, Inc. (“Boston Scientific”) are parties to a patent
`
`infringement action in the United States District Court for the Central District of
`
`California captioned Boston Scientific Corp., et al. v. Edwards Lifesciences Corp.,
`
`No. 8:16-cv-0730-CJC-GJS (the “California Action”). A protective order was
`
`entered in the California Action (the “California Protective Order”) that provides
`
`for the protection of trade secret, proprietary, and other confidential research,
`
`development, financial, business, or commercial information. The California
`
`Protective Order permits the parties to use information designated pursuant to that
`
`order as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL,” or “HIGHLY
`
`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” (collectively, “California
`
`Protective Order Material”) in inter partes review proceedings relating to the
`
`patents-in-suit, including U.S. Patent 6,915,560. Edwards and Boston Scientific
`
`intend to use such California Protective Order Material in this inter partes review
`
`proceeding and desire to protect such information to the same extent that such
`
`1
`
`
`
`information is protected by the California Protective Order and in accordance with
`
`the rules and guidelines issued by the Patent Trial and Appeal Board (the “Board”).
`
`The parties further understand that they remain bound by all provisions of the
`
`California Protective Order, and that they remain subject to the jurisdiction of the
`
`United States District Court for the Central District of California.
`
`2.
`
`Any California Protective Order Material that a party seeks to use
`
`from the California Action for purposes of this proceeding shall be clearly marked
`
`“PROTECTIVE ORDER MATERIAL.” California Protective Order Material
`
`designated in the California Action shall continue to be maintained with the
`
`original confidentiality designation.
`
`3.
`
`Additional 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, and that was not
`
`previously produced and designated in the California Action, shall be clearly
`
`marked as “PROTECTIVE ORDER MATERIAL” (hereinafter, “Protective Order
`
`Material”), and shall be produced in a manner that maintains its confidentiality.
`
`1.4. Access to California Protective Order Material and Protective Order
`
`Material (collectively “Confidential Information”), for purposes of this proceeding,
`
`is limited to the following individuals who have executed the acknowledgment
`
`appended to this order:
`
`2
`
`
`
`(A)
`
`Parties. Persons who are owners of a patent involved in the
`
`proceeding and other persons who are named parties to the proceeding.
`
`(A)
`
`California Protective Order Individuals. Outside Counsel Of
`
`Record, Experts, and Designated In-House Counsel as those terms are
`
`defined in the California Protective Order.
`
`(B)
`
`Party Representatives. Representatives of record for a party in
`
`the proceeding.
`
`(C)
`
`Experts. Retained experts of a party in the proceeding who
`
`have executed the Acknowledgment appended to this order and who 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.
`
`(D)
`
`(E)
`
`In-house counsel. In-house counsel of a party.
`
`Other Employees of a Party. Employees, consultants or other
`
`persons performing work for a party, other than in-house counsel and in-
`
`house counsel’s support staff, who sign the Acknowledgement shall be
`
`extended access to confidential information only upon agreement of the
`
`parties or by order of the Board upon a motion brought by the party seeking
`
`to disclose confidential information to that person. The party opposing
`
`3
`
`
`
`disclosure to that person shall have the burden of proving that such person
`
`should be restricted from access to confidential information.
`
`(F)(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.said Confidential
`
`Information. 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.
`
`(G)(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. Such individuals shall be
`
`informed of the terms and requirements of the Protective Order by the
`
`person they are supporting who receives confidential informationsaid
`
`Confidential Information.
`
`2.5. Persons receiving confidential informationConfidential Information
`
`shall use reasonable efforts 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;
`
`4
`
`
`
`(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;
`
`(C)
`
`Ensuring that support personnel of the recipient who have
`
`access to the confidential informationConfidential 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 informationConfidential
`
`Information to a reasonable number of copies needed for conduct of the
`
`proceeding and maintaining a record of the locations of such copies.
`
`6.
`
`Persons receiving confidential informationConfidential Information
`
`shall use the following procedures to maintain the confidentiality of the
`
`information:
`
`(A)
`
`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
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`confidential information that is under seal and the reasons why the
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`information is confidential and should not be made available to the public.
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`The submission shall be treated as confidential and remain under seal,
`
`5
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`
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`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.
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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
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`confidential and non-confidential versions of its submission, together with a
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`Motion to Seal the confidential version setting forth the reasons why the
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`information redacted from the non-confidential version is confidential and
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`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
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`under seal. The redacted information shall remain under seal unless, upon
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`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
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`confidential treatment.
`
`(B)
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`Documents and Information Exchanged Among the Parties.
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`Information designated as confidential that is disclosed to another party
`
`during discovery or other proceedings before the Board shall be clearly
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`marked as “PROTECTIVE ORDER MATERIAL” and shall be produced in
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`a manner that maintains its confidentiality.
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`6
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`
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`7
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`
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`7.
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`Standard The parties agree that Confidential Information will be used
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`only in connection with this proceeding and for no other purpose, except that as
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`provided by law, the California Protective Order, or by the parties’ agreement.
`
`[SIGNATURE BLOCKS ON FOLLOWING PAGE]
`
`1
`
`
`
`DATED: September 19, 2017
`
`/s/ Wallace Wu
`Wallace Wu (Reg. No. 45,380)
`Jennifer A. Sklenar (Reg. No. 40,205)
`ARNOLD & PORTER KAYE
`SCHOLER LLP
`777 S. Figueroa Street, 44th Floor
`Los Angeles, CA 90017-5844
`Tel: (213) 243-4000
`Fax: (213) 243-4199
`
`Nicholas M. Nyemah (Reg. No. 67,788)
`ARNOLD & PORTER KAYE
`SCHOLER LLP
`601 Massachusetts Avenue, NW
`Washington, DC 20001
`Tel: (202) 942-6681
`Fax: (202) 942-5999
`
`Attorneys for Patent Owner Boston
`Scientific Scimed, Inc.
`
`/s/ Cheryl T. Burgess
`Craig S. Summers (Reg. No. 31,430)
`Brenton R. Babcock (Reg. No. 39,592)
`Christy G. Lea (Reg. No. 51,754)
`Cheryl T. Burgess (Reg No. 55,030)
`KNOBBE, MARTENS, OLSON &
`BEAR, LLP
`2040 Main Street, 14th Floor
`Irvine, CA 92614
`Tel: (949) 760-0404
`Fax: (949) 760-9502
`
`Attorneys for Petitioner
`Edwards Lifesciences Corporation
`
`SO ORDERED this
`
`day of ______________, 2017.
`
`PATENT TRIAL AND APPEAL BOARD
`
`2
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`EDWARDS LIFESCIENCES CORPORATION
`Petitioners
`
`v.
`
`BOSTON SCIENTIFIC SCIMED, INC.
`Patent Owner
`_____________
`
`Case IPR2017-00444
`Patent 6,915,560
`_____________
`
`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
`
`informationConfidential 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. I further
`
`acknowledge that I may receive documents in this proceeding that are
`
`subject to a Protective Order (D.I. 46) in the United States District Court for
`
`the Central District of California case captioned Boston Scientific Corp., et
`
`al. v. Edwards Lifesciences Corp., No. 8:16-cv-0730-CJC-GJS (the
`
`“California Action”).
`
`[Signature]DATE:
`
`SIGNATURE:
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that a copy of the foregoing JOINT MOTION
`FOR STIPULATED PROTECTIVE ORDER was served on September 19, 2017
`to the following Counsel for Petitioner via e-mail:
`
`Craig S. Summers
`Brenton R. Babcock
`Christy G. Lea
`Cheryl T. Burgess
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, 14th Floor
`Irvine, CA 92614
`2css@knobbe.com
`2brb@knobbe.com
`2cgl@knobbe.com
`2ctb@knobbe.com
`BoxEdwards@knobbe.com
`
`Attorneys for Petitioner Edwards Lifesciences Corp.
`
`/s/ Wallace Wu
`Wallace Wu (Reg. No. 45,380)
`ARNOLD & PORTER KAYE SCHOLER LLP
`777 S. Figueroa Street, 44th Floor
`Los Angeles, CA 90017-5844
`Tel:
`(213) 243-4000
`Fax: (213) 243-4199
`
`-i-
`
`
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