`
`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 IPR2018-01710
`Patent 8,586,045 B2
`______________________
`
`
`
`PATENT OWNER’S COMBINED MOTION FOR ENTRY OF MODIFED
`PROTECTIVE ORDER AND MOTION TO SEAL EXHIBIT 2257
`
`
`
`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`IPR2018-01710
`Patent 8,586,045 B2
`
`I. Requested Relief
`
`Pursuant to 37 C.F.R. §§ 42.14 and 42.54, Patent Owner Teva
`
`Pharmaceuticals International GmbH submits this Combined Motion For Entry of
`
`a Modified Protective Order and Motion to Seal Confidential Information.
`
`First, Teva requests that the Board enter the Modified Protective Order
`
`(attached herewith as Addendum A). A redline version showing differences
`
`between Addendum A and the Default Protective Order is attached as Addendum
`
`B. The differences are minimal and relate to: (i) specifying Petitioner’s counsel
`
`who have access to the to-be-sealed Exhibit 2257; (ii) limiting use of confidential
`
`information to the purposes of this proceeding as opposed to other purposes
`
`(including business or competitive purposes, for example); and (iii) specifying a
`
`timeframe during which those in possession of confidential information must
`
`destroy it. These limited modifications to the Default Protective Order are justified
`
`to provide clarity to the parties as to treatment of the sealed, highly confidential
`
`information. They do not conflict with any provision of the Default Protective
`
`Order, and they do not impact the Board or the public.
`
`Second, Teva requests that Exhibit 2257 be treated as Confidential
`
`Information and kept under seal pursuant to 37 C.F.R. § 42.14. Good cause exists
`
`to seal this exhibit because it contains competitively sensitive information,
`
`including immaterial, yet confidential business information.
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`- 1 -
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`IPR2018-01710
`Patent 8,586,045 B2
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`
`Teva has conferred with Petitioner regarding these Motions. While
`
`Petitioner does not concede that the information redacted in Exhibit 2257 is
`
`immaterial, Petitioner has confirmed that it will not oppose either Motion.
`
`II. Motion to Enter Modified Protective Order
`
`Teva seeks entry of the Modified Protective Order (Addendum A) to protect
`
`its confidential information and to provide clarity to the involved parties.
`
`The Modified Protective Order differs from the Default Protective Order in
`
`three ways. First, the Modified Protective Order limits review of the confidential
`
`information in Exhibit 2257 to (i) Petitioner’s outside counsel only; (ii) the Office;
`
`(iii) an expert; and (iv) necessary support/administrative personnel. Access for the
`
`Office, expert, and necessary support/administrative personnel is the same as that
`
`provided under the Board’s Default Protective Order. Thus, the proposed
`
`modification to access relates only to limiting access to Petitioner’s outside counsel
`
`only. This modification is justified due to the existence of the related litigation and
`
`the competitive sensitivity of the information contained in this exhibit. This
`
`modification does not impact the Board or the public—only the parties.
`
`Second, the Modified Protective Order limits use of confidential information
`
`to the purposes of this proceeding as opposed to other purposes (including business
`
`or competitive purposes, for example) and specifically mandates that the
`
`confidential information shall not be used or otherwise communicated in the
`
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`IPR2018-01710
`Patent 8,586,045 B2
`
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`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.). This modification is justified due to the
`
`existence of the related litigation and the competitive sensitivity of the information
`
`contained in this exhibit. This modification does not impact the Board or the
`
`public—only the parties.
`
`Third, the Modified Protective Order provides a clarifying timeline for the
`
`destruction of any confidential information produced in this proceeding that is held
`
`by any of the parties, including any confidential information incorporated
`
`therefrom into briefing or other documents—namely, within thirty (30) days
`
`following (A) a final written decision in this proceeding, or (B) the conclusion of
`
`any appeal therefrom, whichever comes later. This modification is reasonable and
`
`protects the confidential information. This modification does not impact the Board
`
`or the public—only the parties.
`
`These limited modifications to the Default Protective Order are justified due
`
`to the existence of the related litigation and the competitive sensitivity of the
`
`information contained in this exhibit and potentially others. The modifications do
`
`not conflict with any provision or requirement of the Default Protective Order. The
`
`modifications pertain exclusively to the handling of confidential information by
`
`and among the involved parties and none will impact any public interest.
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`IPR2018-01710
`Patent 8,586,045 B2
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`
`Petitioner has agreed to the modifications to the protective order and
`
`indicated it will not oppose this motion.
`
`For the foregoing reasons, Teva requests that the Board accept and enter the
`
`Modified Protective Order provided herewith as Addendum A.
`
`III. Motion to Seal Exhibit 2257
`
`Good cause exists for sealing Exhibit 2257. The Board may issue this order
`
`“for good cause.” 37 C.F.R. § 42.54. For good cause, the Board needs to know
`
`why information sought to be sealed constitutes confidential information. Garmin
`
`Int’l, Inc. v. Cuozzo Speed Techs. LLC, IPR2012-00001, Paper 36, Decision on
`
`Revised Mot. to Seal, p. 4 (P.T.A.B. Apr. 5, 2013). The Board then balances the
`
`needs in protecting the information against the public’s interest in maintaining a
`
`complete and understandable file history. Id. at 8. In this case, the information
`
`sought to be sealed is highly-confidential, competitively-sensitive business
`
`information that is immaterial to Patent Owner’s argument. Further, the public has
`
`little, if any, interest in accessing this information. Accordingly, good cause exists
`
`to seal Exhibit 2257.
`
`Petitioner has indicated that it will not oppose this motion.
`
`A. Exhibit 2257 contains immaterial confidential business information.
`There is good cause to seal Exhibit 2257 because it contains information
`
`relating to highly-confidential business information that is competitively sensitive.
`
`- 4 -
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`IPR2018-01710
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`
`
`The PTAB Trial Practice Guide explains that “confidential information”
`
`includes “trade secret or other confidential research, development, or commercial
`
`information.” TRIAL PRACTICE GUIDE, 77 Fed. Reg. 48756, 48760 (Aug. 14, 2012).
`
`Here the confidential information is highly-confidential, competitively-sensitive
`
`business information. In general, Exhibit 2257 contains information about
`
`settlement and license terms between Teva and a third party, Alder Bio, which are
`
`of the nature contemplated as protectable under Fed. R. Civ. P. 26(c)(1)(G). Public
`
`disclosure would cause significant competitive harm not only to Patent Owner, but
`
`also to a third party who is not part of these proceedings. Accordingly, the exhibit
`
`should be kept under seal.
`
`B. The public’s interests are served.
`The public’s interests are served here. Teva understands that the Board must
`
`strike “a balance between the public’s interest in maintaining a complete and
`
`understandable file history and the parties’ interest in protecting truly sensitive
`
`information.” 77 Fed. Reg. 48756, 48760 (Aug. 14, 2012). Here the confidential
`
`information is competitively-sensitive business information and the public interest
`
`is at best slight. The public has little need or right to know the precise details of
`
`Teva’s and Alder’s non-public settlement and license terms given in Exhibit 2257.
`
`A mostly unredacted version of Exhibit 2257 has already been publicly filed in this
`
`case. The redactions in the public version are minimal and immaterial to this case;
`
`- 5 -
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`IPR2018-01710
`Patent 8,586,045 B2
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`notably, none of Teva’s arguments cite to or rely upon any of the confidential
`
`information that is redacted from that public document. Thus, the public has a full
`
`record and understanding of the case from the public version of Exhibit 2257,
`
`which, when balanced against the highly-confidential, business-sensitive nature of
`
`
`
`the information sought to be sealed, weighs in favor of seal.
`
`IV. Certification of Nonpublication
`
`Undersigned counsel, on behalf of Teva, certifies that the information sought
`
`to be sealed has not, to their knowledge, been published or otherwise made public
`
`by Teva.
`
`V. Conclusion
`
`For the foregoing reasons, Teva respectfully requests that the Board (1) enter
`
`the Modified Protective Order (Addendum A) and (2) seal Exhibit 2257 as
`
`confidential information.
`
`
`
`
`
`Respectfully submitted,
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`
`Date: July 3, 2019
`1100 New York Avenue, NW
`Washington, DC 20005
`(202) 371-2600
`
`
`Deborah Sterling, Ph.D.
`Lead Attorney for Patent Owner
`Registration No. 62,732
`
`- 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 IPR2018-01710
`Patent 8,586,045 B2
`_____________________
`
`
`TEVA PHARMACEUTICALS INTERNATIONAL GMBH’S
` 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
`
`
`
`ADDENDUM A
`
`
`
`IPR2018-01710
`Patent 8,586,045 B2
`
`
`
`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 -
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`IPR2018-01710
`Patent 8,586,045 B2
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`
`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
`
`respect to the subject matter of the proceeding.
`
`(D)
`
`In-house counsel. In-house counsel of a party.
`
`
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`- 2 -
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`IPR2018-01710
`Patent 8,586,045 B2
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`
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`(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
`
`
`
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`IPR2018-01710
`Patent 8,586,045 B2
`
`
`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.
`
`
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`- 4 -
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`IPR2018-01710
`Patent 8,586,045 B2
`
`
`(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 -
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`IPR2018-01710
`Patent 8,586,045 B2
`
`
`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 IPR2018-01710
`Patent 8,586,045 B2
`_____________________
`
`
`
`
`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
`
`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
`
`
`
`- 7 -
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`IPR2018-01710
`Patent 8,586,045 B2
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`Eastern District of Virginia for purposes of enforcing the terms of the Protective
`
`Order and providing remedies for its breach.
`
`
`
`Signed ____________________________________________
`
`
`
`
`
`
`
`
`
`
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`- 8 -
`
`
`
`
`
`
`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 IPR2018-01710
`Patent 8,586,045 B2
`_____________________
`
`
`TEVA PHARMACEUTICALS INTERNATIONAL GMBH’S
` 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
`
`
`
`ADDENDUM B
`
`
`
`IPR2018-01710
`Patent 8,586,045 B2
`
`
`
`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. Access to2. 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 -
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`IPR2018-01710
`Patent 8,586,045 B2
`
`
`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.
`
`
`Access to any other confidential information is limited to the following
`
`3.
`
`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
`
`respect to the subject matter of the proceeding.
`
`
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`- 2 -
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`IPR2018-01710
`Patent 8,586,045 B2
`
`
`In-house counsel. In-house counsel of a party.
`
`(D)
`
`(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 -
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`
`
`IPR2018-01710
`Patent 8,586,045 B2
`
`
`informed of the terms and requirements of the Protective Order by the
`
`person they are supporting who receives confidential information.
`
`34. 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.
`
`45. 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 -
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`
`
`IPR2018-01710
`Patent 8,586,045 B2
`
`
`(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 -
`
`
`
`IPR2018-01710
`Patent 8,586,045 B2
`
`
`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 IPR2018-01710
`Patent 8,586,045 B2
`_____________________
`
`
`
`
`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
`
`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
`
`
`
`- 7 -
`
`
`
`IPR2018-01710
`Patent 8,586,045 B2
`
`Eastern District of Virginia for purposes of enforcing the terms of the Protective
`
`Order and providing remedies for its breach.
`
`
`
`Signed ____________________________________________
`
`
`
`
`
`
`
`
`
`
`
`- 8 -
`
`
`
`IPR2018-01710
`Patent 8,586,045 B2
`
`
`CERTIFICATE OF SERVICE (37 C.F.R. § 42.6(e))
`
`
`
`The undersigned hereby certifies that the above-captioned “Combined
`
`Motion for Entry of Modified Protective Order and Motion to Seal Exhibit 2257,”
`
`including its Addendums A and B, was served in its entirety on July 3, 2019, upon
`
`the following parties via electronic mail:
`
`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 P.L.L.C.
`
`
`
`Deborah Sterling, Ph.D.
`Lead Attorney for Patent Owner
`Registration No. 62,732
`
`William B. Raich
`Erin M. Sommers
`Pier D. DeRoo
`Yieyie Yang
`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
`
`
`
`
`
`
`
`
`Date: July 3, 2019
`1100 New York Avenue, NW
`Washington, DC 20005
`(202) 371-2600
`13408883_1.docx
`
`
`
`
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