`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
`
`MYLAN PHARMACEUTICALS INC.,
`Petitioner,
` v.
`BAYER INTELLECTUAL PROPERTY GMBH,
`Patent Owner.
`________________
`
`Case IPR2018-01143
`Patent No. 9,539,218
`________________
`
`DEFAULT STIPULATED PROTECTIVE ORDER
`
`
`0001
`
`MYLAN - EXHIBIT 1071
`Mylan Pharmaceuticals Inc. v. Bayer Intellectual Property GmbH
`IPR2018-01143
`
`
`
`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.”
`2.
`Access to confidential information is limited to the following
`individuals who have executed the acknowledgment appended to this order:
`(A) Parties. Persons who are owners of a patent involved in the
`proceeding and other persons who are named parties to the
`proceeding.
`(B) Party Representatives. Representatives Attorneys associated
`with the law firm of record for a party in the proceeding.
`(C) 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.
`(D)
`In-house counsel. In-house counsel of a party.
`(E) 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
`
`0002
`
`
`
`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.
`(F) 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.
`(G) 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:
`
`
`0003
`
`
`
`(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
`
`
`0004
`
`
`
`and the reasons why the 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
`to 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.
`
`
`
`0005
`
`
`
`(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 marked as “PROTECTIVE ORDER MATERIAL” and shall
`be produced in a manner that maintains its confidentiality.
`(j) Standard Acknowledgement of Protective Order. The following
`form may be used to acknowledge a protective order and gain access to
`information covered by the protective order:
`
`
`
`0006
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
`
`MYLAN PHARMACEUTICALS INC.,
`Petitioner,
` v.
`BAYER INTELLECTUAL PROPERTY GMBH,
`Patent Owner.
`________________
`
`Case IPR2018-01143
`Patent No. 9,539,218
`________________
`
`STANDARD ACKNOWLEDGMENT FOR ACCESS TO
`PROTECTIVE ORDER MATERIAL
`
`
`
`
`
`0007
`
`
`
`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
` _________________________
`Date
`
`1
`
`
`0008
`
`