`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
`
`
`ELI LILLY AND COMPANY,
`Petitioner,
`
`v.
`
`TEVA PHARMACEUTICALS INTERNATIONAL GMBH,
`Patent Owner.
`
`_____________________
`
`Case IPR2018-01422 (Patent 9,340,614 B2)
`Case IPR2018-01423 (Patent 9,266,951 B2)
`Case IPR2018-01424 (Patent 9,346,881 B2)
`Case IPR2018-01425 (Patent 9,890,210 B2)
`Case IPR2018-01426 (Patent 9,890,211 B2)
`Case IPR2018-01427 (Patent 8,597,649 B2)1
`_____________________
`
`PROTECTIVE ORDER
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`1 This word-for-word identical paper is filed in each proceeding identified in
`
`the caption.
`
`
`
`
`
`
`
`
`This standing protective order governs the treatment and filing of confidential
`
`Standing Protective Order
`
`information, including documents and testimony.
`
`1. Confidential information shall be clearly marked “PROTECTIVE ORDER
`
`MATERIAL.”
`
`2.
`
`Petitioner’s access to the confidential version of EX2257, and any
`
`confidential information therefrom incorporated into briefing or other
`
`documents, is limited to the following individuals who have executed the
`
`acknowledgment appended to this order:
`
`(A) Party Representatives. Outside counsel of record in this proceeding
`
`who represent Petitioner.
`
`(B) 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.
`
`(C) Experts. Retained experts of a party in the proceeding who further
`
`certify in the Acknowledgement that they are not a competitor to any
`
`
`
`- 1 -
`
`
`
`
`
`
`party, or a consultant for, or employed by, such a competitor with
`
`respect to the subject matter of the proceeding.
`
`(D) 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.
`
`Access to any other 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 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
`
`(D)
`
`
`
`
`respect to the subject matter of the proceeding.
`
`In-house counsel. In-house counsel of a party.
`
`- 2 -
`
`
`
`
`
`
`
`
`(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 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
`
`- 3 -
`
`
`
`
`
`
`informed of the terms and requirements of the Protective Order by the
`
`person they are supporting who receives confidential information.
`
`4.
`
`Persons receiving confidential 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;
`
`(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.
`
`5.
`
`Persons receiving confidential information shall use the following
`
`procedures to maintain the confidentiality of the information:
`
`(A) Documents and Information Filed With the Board.
`
`
`
`- 4 -
`
`
`
`
`
`
`
`
`(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. 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,
`
`- 5 -
`
`
`
`
`
`
`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 marked as “PROTECTIVE ORDER MATERIAL” and shall
`
`be produced in a manner that maintains its confidentiality.
`
`6.
`
`Any confidential information produced in accordance with this protective
`
`order shall be used only for purposes of this proceeding and may not be used
`
`for any other purpose whatsoever (including but not limited to any business
`
`or competitive purpose), and, for the avoidance of doubt, shall not be used or
`
`otherwise communicated in the context of settlement negotiations relating to
`
`this proceeding or in the case captioned Teva Pharmaceuticals International
`
`GmbH v. Eli Lilly and Company, Civ. No. 1-18-cv-12029 (D. Mass.).
`
`7.
`
`Any confidential information produced in accordance with this protective
`
`order, including any confidential information incorporated therefrom into
`
`briefing or other documents, shall be destroyed by any party receiving the
`
`information within 30 days of the later of:
`
`(A)
`
`the entry of a final written decision in this proceeding; or
`
`(B)
`
`the conclusion of any appeal therefrom.
`
`
`
`- 6 -
`
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
`
`ELI LILLY AND COMPANY,
`Petitioner,
`
`v.
`
`TEVA PHARMACEUTICALS INTERNATIONAL GMBH,
`Patent Owner.
`
`_____________________
`
`Case IPR2018-01422 (Patent 9,340,614 B2)
`Case IPR2018-01423 (Patent 9,266,951 B2)
`Case IPR2018-01424 (Patent 9,346,881 B2)
`Case IPR2018-01425 (Patent 9,890,210 B2)
`Case IPR2018-01426 (Patent 9,890,211 B2)
`Case IPR2018-01427 (Patent 8,597,649 B2)1
`_____________________
`
`
`
`
`STANDARD 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 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
`
`1 The word-for-word identical paper is filed in each proceeding identified in
`
`the caption.
`
`
`
`- 7 -
`
`
`
`
`
`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.
`
`
`
`Signed ____________________________________________
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`- 8 -
`
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE (37 C.F.R. §§ 42.6(e))
`
`I certify that the above-captioned “Protective Order” was served in its
`
`entirety on October 16, 2019, upon the following parties via electronic mail:
`
`William B. Raich
`Erin M. Sommers
`Pier D. DeRoo
`Yieyie Yang
`John Williamson
`Finnegan, Henderson, Farabow,
`Garrett & Dunner, LLP
`901 New York Avenue, NW
`Washington, DC 20001
`william.raich@finnegan.com
`erin.sommers@finnegan.com
`pier.deroo@finnegan.com
`yieyie.yang@finnegan.com
`john.williamson@finnegan.com
`
`Sanjay M. Jivraj
`Mark J. Stewart
`Eli Lilly and Company
`Lilly Corporate Center Patent Dept.
`Indianapolis, IN 46285
`jivraj_sanjay@lilly.com
`stewart_mark@lilly.com
`
`
`
`
`
`
`
` STERNE, KESSLER, GOLDSTEIN & FOX L.L.C.
`
`
`
`Deborah A. Sterling, Ph.D.
`Date: October 16, 2019
`1100 New York Avenue, N.W. Registration No. 62,732
`Washington, D.C. 20005-3934
`Lead Counsel for Patent Owner
`(202) 371-2600
`
`
`
`
`- 9 -
`
`