`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`KVK-TECH, INC.,
`
`Petitioner,
`
`v.
`
`SHIRE PLC,
`
`Patent Owner.
`____________________
`Case IPR2018-00293
`US Patent No. 9,173,857
`____________
`
`PROTECTIVE ORDER
`
`SHIRE EX. 2057
`KVK v. SHIRE
`IPR2018-00293
`
`34838444v1
`
`
`
`The following protective order will be entered into the instituted Inter Partes
`
`Review, KVK-Tech, Inc. v. Shire PLC, Case No. IPR2018-00293, and
`
`governs the treatment and filing of confidential information, including
`
`documents and testimony.
`
`1.
`
`Confidential information shall be clearly marked “PROTECTIVE
`
`ORDER MATERIAL.”
`
`2.
`
`Access to confidential information marked “PROTECTIVE ORDER
`
`MATERIAL” is limited to the following individuals who have executed the
`
`acknowledgment appended to this order:
`
`(A) Party Representatives. Representatives of record for a party in the
`
`proceeding.
`
`(B) Experts. Retained experts of a party in the proceeding 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.
`
`(C) Parties, In-house counsel, Employees of a Party, Other
`
`Representatives of a Party. Parties, in-house counsel, employees,
`
`consultants or other persons performing work for a party, other than
`
`representatives and experts identified above, who sign the
`
`Acknowledgement, shall be extended access to confidential
`
`34838444v1
`
`- 2 -
`
`
`
`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 disclosure
`
`to that person shall have the burden of proving that such person should
`
`be restricted from access to confidential information.
`
`(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. 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
`
`shall not be required to sign an Acknowledgement, but shall be
`
`informed of the terms and requirements of the Protective Order by the
`
`person they are supporting who receives confidential information.
`
`3.
`
`Persons receiving confidential information shall use reasonable efforts
`
`to maintain the confidentiality of the information, including:
`
`34838444v1
`
`- 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 the 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.
`
`4.
`
`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
`
`34838444v1
`
`- 4 -
`
`
`
`information is confidential and should not be made available to the public.
`
`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 non-confidential 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.
`
`(B) 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 shall be clearly
`
`34838444v1
`
`- 5 -
`
`
`
`marked as “PROTECTIVE ORDER MATERIAL” and shall be produced in
`
`a manner that maintains its confidentiality.
`
`Standard Acknowledgement of Protective Order. The following form
`
`is to be used to acknowledge a protective order and gain access to
`
`information covered by the protective order:
`
`34838444v1
`
`- 6 -
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`KVK-TECH, INC.,
`
`Petitioner,
`
`v.
`
`SHIRE PLC,
`
`Patent Owner.
`____________________
`Case IPR2018-00293
`US Patent No. 9,173,857
`____________
`
`PROTECTIVE ORDER
`
`34838444v1
`
`7
`
`
`
`I ___________________, 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.
`
`[Signature]
`
`[Name]
`
`[Date]
`
`8
`
`34838444v1
`
`