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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
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`ARGENTUM PHARMACEUTICALS LLC
`Petitioner
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`v.
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`CIPLA LTD.
`Patent Owner
`
`_____________________
`
`Case IPR2017-00807
`Patent 8,168,620
`_____________________
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`JOINT STIPULATED
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`DEFAULT PROTECTIVE ORDER
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`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`CIP2160
`Argentum Pharmaceuticals v. Cipla Ltd.
`IPR2017-00807
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`1
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`This standing protective order governs the treatment and filing of
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`IPR2017-00807
`Patent 8,168,620
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`confidential information, including documents and testimony.
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`1. Confidential information shall be clearly marked ‘‘PROTECTIVE ORDER
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`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
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`proceedingCounsel of record in this proceeding who represent Patent
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`Owner and Petitioner.
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` (B) Party Representatives. Representatives of record for a party in the
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`proceeding.
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`(CB) 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
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`party, or a consultant for, or employed by, such a competitor with
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`respect to the subject matter of the proceeding.
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`(DC) In-house counsel. Two designated in-house counsel of a party, who
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`(inclusive of in-house counsel of record in this proceeding), who
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`certify in the Acknowledgement that they have a need to know
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`IPR2017-00807
`Patent 8,168,620
`confidential information to fulfill their duties and responsibilities in
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`connection with this proceeding.
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`(E) Other Employees of a Party. Employees, consultants or other persons
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`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
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`extended access to confidential information only upon agreement of
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`the parties or by order of the Board upon a motion brought by the
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`party seeking to disclose confidential information to that person. The
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`party opposing disclosure to that person shall have the burden of
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`proving that such person should be restricted from access to
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`confidential information.
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`(FD) The Office. Employees and representatives of the Office who have a
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`need for access to the confidential information shall have such access
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`without the requirement to sign an Acknowledgement. Such
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`employees and representatives shall include the Director, members of
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`the Board and their clerical staff, other support personnel, court
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`reporters, and other persons acting on behalf of the Office.
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`(GE) Support Personnel. Administrative assistants, clerical staff, court
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`reporters and other support personnel of the foregoing persons who
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`are reasonably necessary to assist those persons in the proceeding
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`IPR2017-00807
`Patent 8,168,620
`shall not be required to sign an Acknowledgement, but shall be
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`informed of the terms and requirements of the Protective Order by the
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`person they are supporting who receives confidential information.
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`3.
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`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)
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` Maintaining such information in a secure location to which persons
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`not authorized to receive the information shall not have access;
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`(B) Otherwise using reasonable efforts to maintain the confidentiality of
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`the information, which efforts shall be no less rigorous than those the
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`recipient uses to maintain the confidentiality of information not
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`received from the disclosing party;
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`(C) Ensuring that support personnel of the recipient who have access to
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`the confidential information understand and abide by the obligation to
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`maintain the confidentiality of information received that is designated
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`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
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`maintaining a record of the locations of such copies.
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`4.
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`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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`IPR2017-00807
`Patent 8,168,620
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`under seal, together with a non-confidential description of the
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`nature of the confidential information that is under seal and the
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`reasons why the information is confidential and should not be
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`made available to the public. The submission shall be treated as
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`confidential and 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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`determines that the documents or information do not to qualify
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`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
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`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 not
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`be made available to the public. The nonconfidential version of
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`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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`IPR2017-00807
`Patent 8,168,620
`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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`determines that some or all of the redacted information does not
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`qualify 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
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`party during discovery or other proceedings before the Board shall be
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`clearly marked as ‘‘PROTECTIVE ORDER MATERIAL’’ and shall
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`be produced in a manner that maintains its confidentiality.
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`5.
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`Any confidential information produced in accordance with this protective
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`order shall only be used for purposes of this proceeding and may not be used
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`for any other purpose whatsoever (including but not limited to any business
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`or competitive purpose).
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`IPR2017-00807
`Patent 8,168,620
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
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`ARGENTUM PHARMACEUTICALS LLC
`Petitioner
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`v.
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`CIPLA LTD.
`Patent Owner
`
`_____________________
`
`Case IPR2017-00807
`Patent 8,168,620
`_____________________
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`STANDARD ACKNOWLEDGMENT FOR
`ACCESS TO PROTECTIVE ORDER MATERIAL
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`I _____________________________, affirm that I have read the Protective
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`Order; that I will abide by its terms; that I will use the confidential information
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`only in connection with this proceeding and for no other purpose; that I will only
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`allow access to support staff who are reasonably necessary to assist me in this
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`proceeding; that prior to any disclosure to such support staff I informed or will
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`inform them of the requirements of the Protective Order; that I am personally
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`responsible for the requirements of the terms of the Protective Order and I agree to
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`submit to the jurisdiction of the Office and the United States District Court for the
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`IPR2017-00807
`Patent 8,168,620
`Eastern District of Virginia for purposes of enforcing the terms of the Protective
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`Order and providing remedies for its breach.
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`Signed ____________________________________________
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