`
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`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)
`Case IPR2018-01711 (Patent 9,884,907 B2)
`Case IPR2018-01712 (Patent 9,884,908 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
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`the caption.
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`This standing protective order governs the treatment and filing of confidential
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`Standing Protective Order
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`information, including documents and testimony.
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`1. Confidential information shall be clearly marked “PROTECTIVE ORDER
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`MATERIAL.”
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`2.
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`Petitioner’s access to the confidential version of EX2257, and any
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`confidential information therefrom incorporated into briefing or other
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`documents, is limited to the following individuals who have executed the
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`acknowledgment appended to this order:
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`(A) Party Representatives. Outside counsel of record in this proceeding
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`who represent Petitioner.
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`(B) The Office. Employees and representatives of the Office who have a
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`need for access to the confidential information shall have such access
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`without the requirement to sign an Acknowledgement. Such
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`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.
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`(C) Experts. Retained experts of a party in the proceeding who further
`
`certify in the Acknowledgement that they are not a competitor to any
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`party, or a consultant for, or employed by, such a competitor with
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`respect to the subject matter of the proceeding.
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`(D) Support Personnel. Administrative assistants, clerical staff, court
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`reporters and other support personnel of the foregoing persons who
`
`are reasonably necessary to assist those persons in the proceeding
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`shall not be required to sign an Acknowledgement, but shall be
`
`informed of the terms and requirements of the Protective Order by the
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`person they are supporting who receives confidential information.
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`3.
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`Access to any other confidential information is limited to the following
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`individuals 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
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`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
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`party, or a consultant for, or employed by, such a competitor with
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`(D)
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`
`
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`respect to the subject matter of the proceeding.
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`In-house counsel. In-house counsel of a party.
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`(E) Other Employees of a Party. Employees, consultants or other persons
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`performing work for a party, other than in-house counsel and in-house
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`counsel’s support staff, who sign the Acknowledgement shall be
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`extended access to confidential information only upon agreement of
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`the parties or by order of the Board upon a motion brought by the
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`party seeking to disclose confidential information to that person. The
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`party opposing disclosure to that person shall have the burden of
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`proving that such person should be restricted from access to
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`confidential information.
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`(F) The Office. Employees and representatives of the Office who have a
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`need for access to the confidential information shall have such access
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`without the requirement to sign an Acknowledgement. Such
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`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.
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`(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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`- 3 -
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`informed of the terms and requirements of the Protective Order by the
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`person they are supporting who receives confidential information.
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`4.
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`Persons receiving confidential information shall use reasonable efforts to
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`maintain the confidentiality of the information, including:
`
`(A)
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` Maintaining such information in a secure location to which persons
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`not authorized to receive the information shall not have access;
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`(B) Otherwise using reasonable efforts to maintain the confidentiality of
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`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
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`received from the disclosing party;
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`(C) Ensuring that support personnel of the recipient who have access to
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`the confidential information understand and abide by the obligation to
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`maintain the confidentiality of information received that is designated
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`as 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
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`maintaining a record of the locations of such copies.
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`5.
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`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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`- 4 -
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`(i) A party may file documents or information with the Board under
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`seal, together with a non-confidential description of the nature of
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`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 public. The submission shall be treated as confidential and
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`remain under seal, unless, upon motion of a party and after a
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`hearing on the issue, or sua sponte, the Board determines that the
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`documents or information do not to qualify for confidential
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`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,
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`together with a Motion to Seal the confidential version setting forth
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`the reasons why the information redacted from the non-
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`confidential version is confidential and should not be made
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`available to the public. The nonconfidential version of the
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`submission shall clearly indicate the locations of information that
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`has been redacted. The confidential version of the submission shall
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`be filed under seal. The redacted information shall remain under
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`seal unless, upon motion of a party and after a hearing on the issue,
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`- 5 -
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`or sua sponte, the Board determines that some or all of the redacted
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`information does not qualify for 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
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`party during discovery or other proceedings before the Board shall be
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`clearly marked as “PROTECTIVE ORDER MATERIAL” and shall
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`be produced in a manner that maintains its confidentiality.
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`6.
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`Any confidential information produced in accordance with this protective
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`order shall be used only for purposes of this proceeding and may not be used
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`for any other purpose whatsoever (including but not limited to any business
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`or competitive purpose), and, for the avoidance of doubt, shall not be used or
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`otherwise communicated in the context of settlement negotiations relating to
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`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.
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`Any confidential information produced in accordance with this protective
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`order, including any confidential information incorporated therefrom into
`
`briefing or other documents, shall be destroyed by any party receiving the
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`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.
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`
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`- 6 -
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`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)
`Case IPR2018-01711 (Patent 9,884,907 B2)
`Case IPR2018-01712 (Patent 9,884,908 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
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`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
`
`
`1 This word-for-word identical paper is filed in each proceeding identified in
`
`the caption.
`
`
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`- 7 -
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`inform them of the requirements of the Protective Order; that I am personally
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`responsible for the requirements of the terms of the Protective Order and I agree to
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`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
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`Order and providing remedies for its breach.
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`
`
`Signed ____________________________________________
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`- 8 -
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`CERTIFICATE OF SERVICE (37 C.F.R. §§ 42.6(e))
`
`I certify that the above-captioned “Protective Order” was served in its
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`entirety on October 29, 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
`
`
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`
` STERNE, KESSLER, GOLDSTEIN & FOX L.L.C.
`
`
`
`Deborah A. Sterling, Ph.D.
`Date: October 29, 2019
`1100 New York Avenue, N.W. Registration No. 62,732
`Washington, D.C. 20005-3934
`Lead Counsel for Patent Owner
`(202) 371-2600
`
`
`
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`- 9 -
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`
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