`
`————————————————
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`————————————————
`
`MYLAN PHARMACEUTICALS INC.,
`MSN LABORATORIES PRIVATE LTD.,
`and MSN PHARMACEUTICALS INC.,
`Petitioners,
`
`v.
`
`BAUSCH HEALTH IRELAND LIMITED,
`Patent Owner.
`
`————————————————
`Case IPR2022-007221
`Patent 7,041,786
`————————————————
`
`PETITIONERS’ NON-CONFIDENTIAL DESCRIPTION
`OF THE NATURE OF CONFIDENTIAL INFORMATION
`Protective Order Guideline (d)(4)(A)(i)
`
`1 IPR2023-00016 has been joined with this proceeding.
`
`
`
`I.
`
`INTRODUCTION
`Bausch filed its Patent Owner Response (POR) and five exhibits under seal
`
`subject to a pending motion to seal and enter the default protective order.
`
`(Paper 26). Petitioner (Mylan) is currently filing a Reply, one deposition transcript
`
`(EX1060) that Bausch has designated confidential and for which Bausch supplied
`
`the redacted copy, and two declaration exhibits (EX1063 and EX1064) that discuss
`
`text that Bausch has designated confidential. Mylan has filed its unredacted Reply
`
`and unredacted versions of the EX1060, EX1063, and EX1064 exhibits as “Parties
`
`and Board Only” to avoid inadvertent disclosure of confidential information and to
`
`afford Bausch an opportunity to move to seal and redact the documents if Bausch
`
`deems it necessary. RPX Corp. v. Applications in Internet Time, IPR2015-01750,
`
`Paper 42, 2 (2016). This description is timely filed under the Protective Order
`
`Guidelines. Trial Practice Guide Update (July 2019), Apdx. B.
`
`II.
`
`DESCRIPTION OF THE NATURE OF THE CONFIDENTIAL
`INFORMATION
`Bausch filed its POR (Paper 27) and EX2023, EX2024, EX2025, EX2027,
`
`and EX2028 under seal, and filed redacted versions.
`
`Mylan is currently filing only as Board and Parties Only its Reply and
`
`declarations from Dr. Peterson (EX1063) and Epstein (EX1064) that discuss
`
`information from the redacted portions of Bausch’s response and exhibits. For
`
`EX1060, Bausch provided Mylan with a copy redacted copy, so Mylan has filed
`
`-1-
`
`
`
`both confidential and public versions of EX1060. Counsel for Mylan will ask
`
`Bausch to provide redactions to Mylan’s Reply, EX1063, and EX1064 that Mylan
`
`will file publicly pending Bausch’s submission of, and the Board’s action on, a
`
`motion to seal.
`
`III. EXHIBITS WITH CONFIDENTIAL MARKINGS BUT NOT
`SEALED
`During the depositions of Drs. Shailubhai and Waldman, Bausch designated
`
`each transcript as confidential, but has subsequently informed Mylan that Bausch
`
`has withdrawn these designations. Thus, the transcripts for Dr. Shailubhai
`
`(EX1061) and Dr. Waldman (EX1062) are not confidential and have not been filed
`
`under seal.
`
`Dated: March 24, 2023
`
` Respectfully submitted,
`
`
`/Jad A. Mills/
`Jad A. Mills, Reg. No. 63,344
`Counsel for Mylan Pharmaceuticals Inc.
`
`-2-
`
`
`
`CERTIFICATE OF SERVICE
`I certify that today this paper was served by email on Bausch’s counsel at:
`
`Justin J. Hasford
`
`justin.hasford@finnegan.com
`
`Bryan C. Diner
`
`bryan.diner@finnegan.com
`
`Joshua Goldberg
`
`joshua.goldberg@finnegan.com
`
`Caitlin O’Connell
`
`caitlin.o’connell@finnegan.com
`
`Kyu Yun Kim
`
`kyuyun.kim@finnegan.com
`
`Kassandra Officer
`
`kassandra.officer@finnegan.com
`
`and on MSN’s counsel at:
`
`Andrew Larsen
`
`alarsen@merchantgould.com
`
`Melissa Hayworth
`
`mhayworth@merchantgould.com
`
`Dated: March 24, 2023
`
`Respectfully submitted,
`
`/Robyn Moriarty/
`Robyn Moriarty
`
`
`
`-3-
`
`
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