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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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`MYLAN PHARMACEUTICALS INC.
`Petitioner,
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`v.
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`COSMO TECHNOLOGIES LIMITED
`Patent Owners.
`___________________
`
`
`Case IPR2017-01035
`U.S. Patent No. 9,320,716
`___________________
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`PATENT OWNER’S MOTION TO SEAL AND FOR ENTRY OF A
`PROTECTIVE ORDER PURSUANT TO 37 C.F.R. § 42.54
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`Mail Stop: PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`I.
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`INTRODUCTION
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`Pursuant to 37 C.F.R. Sections 42.14, 42.54, and 42.55, Patent Owner
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`Cosmo Technologies Limited (“Patent Owner”) hereby moves for entry of the
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`Protective Order attached below as Addendum A and further moves to seal the
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`Patent Owner Preliminary Response and an exhibit submitted with its Patent
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`Owner Preliminary Response as described herein. Petitioner Mylan
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`Pharmaceuticals Inc. (“Mylan”) has advised Patent Owner that it does not oppose
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`the motion for entry of the Protective Order attached as Addendum A.
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`II. GOOD CAUSE EXISTS FOR ENTRY OF A PROTECTIVE ORDER.
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`Patent Owner and Mylan conferred regarding the entry of a protective order
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`in this case. The parties agreed to adopt the Board’s default protective order. See
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`Office Patent Trial Practice Guide, 77 Fed. Reg. 48756-01 at 48771 (Aug. 14,
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`2012). Addendum A, attached to this motion, incorporates the terms of the Board's
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`default protective order. Accordingly, Patent Owner moves for entry of the
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`Protective Order attached below as Addendum A. Patent Owner agrees to abide by
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`the terms of the Protective Order.
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`III. GOOD CAUSE EXISTS TO SEAL THE PATENT OWNER
`RESPONSE AND THE TRIAL TRANSCRIPT.
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`Pursuant to the protective order and 37 C.F.R. Sections 42.54 and 42.55,
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`Patent Owner moves to seal (i) the Patent Owner Preliminary Response and (ii)
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`excerpts from the trial transcript in Cosmo Techs. Ltd. v. Actavis Labs. FL, No. 15-
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`164-LPS (D. Del. May 23, 2017) (the “Transcript”). Patent Owner has also
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`concurrently filed a redacted version of the Patent Owner Preliminary Response.
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`Patent Owner has served Mylan with the Transcript and both the redacted and
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`unredacted versions of the Patent Owner Preliminary Response.
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`“Good cause” exists to seal the Transcript because it is not available on the
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`public docket. Furthermore, good cause exists to seal the unredacted Patent Owner
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`Preliminary Response because that document quotes the Transcript.
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`IV. CONCLUSION
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`For the foregoing reasons, Patent Owner respectfully requests that the Board
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`grant this motion to seal and for entry of a protective order.
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`Dated: June 22, 2017
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`Respectfully submitted,
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`By: /s/ Gary N. Frischling
`Gary N. Frischling, Reg. No. 35,515
`Yite John Lu, Reg. No. 63,158
`IRELL & MANELLA LLP
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`Attorneys for Patent Owner
`Cosmo Technologies Limited
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`ADDENDUM A
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`STIPULATED 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 information shall be clearly marked “PROTECTIVE
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`ORDER 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 proceeding.
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`(B) Party Representatives. Representatives of record for a party in the
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`proceeding.
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`(C) 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 party,
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`or a consultant for, or employed by, such a competitor with respect to the
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`subject matter of the proceeding.
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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 other
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`persons performing work for a party, other than in-house counsel and in-
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`house counsel's support staff, who sign the Acknowledgement shall be
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`extended access to confidential information only upon agreement of the
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`parties or by order of the Board upon a motion brought by the party seeking
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`to disclose confidential information to that person. The party opposing
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`disclosure to that person shall have the burden of proving that such person
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`should be restricted from access to confidential information.
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`(F) The Office. Employees and representatives of the Office who have
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`a need for access to the confidential information shall have such access
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`without the requirement to sign an Acknowledgement. Such employees and
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`representatives shall include the Director, members of the Board and their
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`clerical staff, other support personnel, court reporters, and other persons
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`acting on behalf of the Office.
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`(G) Support Personnel. Administrative assistants, clerical staff, court
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`reporters and other support personnel of the foregoing persons who are
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`reasonably necessary to assist those persons in the proceeding shall not be
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`required to sign an Acknowledgement, but shall be informed of the terms
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`and requirements of the Protective Order by the person they are supporting
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`who receives confidential information.
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`3. 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) Maintaining such information in a secure location to which
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`persons not authorized to receive the information shall not have access;
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`(B) Otherwise using reasonable efforts to maintain the confidentiality
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`of 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 received
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`from the disclosing party;
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`(C) Ensuring that support personnel of the recipient who have access
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`to the confidential information understand and abide by the obligation to
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`maintain the confidentiality of information received that is designated as
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`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 maintaining a
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`record of the locations of such copies.
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`4. 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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`under seal, together with a non-confidential description of the nature
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`of the confidential information that is under seal and the reasons why
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`the information is confidential and should not be made available to the
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`public. The submission shall be treated as confidential and remain
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`under seal, unless, upon motion of a party and after a hearing on the
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`issue, or sua sponte, the Board determines that the documents or
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`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
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`with a Motion to Seal the confidential version setting forth the reasons
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`why the information redacted from the non-confidential version is
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`confidential and should not be made available to the public. The
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`nonconfidential version of the submission shall clearly indicate the
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`locations of information that has been redacted. The confidential
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`version of the submission shall be filed under seal. The redacted
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`information shall remain under seal unless, upon motion of a party
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`and after a hearing on the issue, or sua sponte, the Board determines
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`that some or all of the redacted information does not qualify for
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`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 party
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`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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`(i) Standard Acknowledgement of Protective Order. The
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`following form may be used to acknowledge a protective order and
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`gain access to information covered by the protective order:
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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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`MYLAN PHARMACEUTICALS, INC.
`Petitioner,
`
`v.
`
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`COSMO TECHNOLOGIES LIMITED
`Patent Owner.
`___________________
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`Case IPR2017-01035
`U.S. Patent No. 9,320,716
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`___________________
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`Acknowledgment for Access to Protective Order Material
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` I
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` ________, affirm that I have read the Protective Order; that I will abide by
`its terms; that I will use the confidential information only in connection with this
`proceeding and for no other purpose; that I will only allow access to support staff
`who are reasonably necessary to assist me in this proceeding; that prior to any
`disclosure to such support staff I informed or will inform them of the requirements
`of the Protective Order; that I am personally responsible for the requirements of the
`terms of the Protective Order and I agree to submit to the jurisdiction of the Office
`and the United States District Court for the Eastern District of Virginia for
`purposes of enforcing the terms of the Protective Order and providing remedies for
`its breach.
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`[Signature]
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6, the undersigned certifies that on June 21, 2017,
`a copy of the foregoing document, PATENT OWNERS' MOTION TO SEAL
`AND FOR ENTRY OF A PROTECTIVE ORDER PURSUANT TO 37 C.F.R.
`§ 42.54, has been served in its entirety via e-mail on counsel of record for
`petitioner at the following addresses:
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`Jitendra Malik, Ph.D.
`Reg. No. 55,823
`jitty.malik@alston.com
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`H. James Abe
`Reg. No. 61,182
`james.abe@alston.com
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`Lance Soderstrom
`Reg. No. 65,405
`lance.soderstrom@alston.com
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`Joseph M. Janusz
`Reg. No. 70,396
`joe.janusz@alston.com
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`Dated: June 22, 2017
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`Respectfully submitted,
` /s/Susan Langworthy
`Susan Langworthy
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