`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`————————————————
`
`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
`————————————————
`
`
`
`PETITIONER MYLAN’S NON-CONFIDENTIAL DESCRIPTION
`of the Nature of Designated-Confidential Information
`Protective Order (d)(5)(A)(i)
`
`
`
`1 IPR2023-00016 has been joined with this proceeding.
`
`
`
`
`
`I.
`
`INTRODUCTION
`Patentee Bausch has designated exhibits as confidential. Papers 26, 48,
`
`and 50. Petitioner Mylan is currently filing a motion to exclude and an opposition
`
`to Bausch’s motions to seal that refer to information that Bausch has designated as
`
`confidential. Mylan has filed its unredacted motion to exclude and opposition 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. 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 has designated the following papers and exhibits as confidential:
`
`Paper or Exhibit
`
`Motion to Seal
`
`Paper 27: Patent Owner Response
`
`Paper 26
`
`EX2023: Shailubhai Declaration
`
`Paper 26
`
`EX2024: Davies Declaration
`
`Paper 26
`
`EX2025:Waldman Declaration
`
`Paper 26
`
`EX2027: Study No. SP-PH-001
`
`Paper 26
`
`EX2028: Study No. SP-PH-004
`
`Paper 26
`
`-1-
`
`
`
`
`
`Paper 38: Reply
`
`EX1060: Davies Deposition
`
`Paper 48
`
`Paper 48
`
`EX1063: 2d Peterson Declaration
`
`Paper 48
`
`EX1064: Epstein Declaration
`
`Paper 48
`
`Paper 49: Patent Owner Sur-Reply
`
`Paper 50
`
`
`
`The motion to exclude refers to EX2024, EX2027, and EX2028. The
`
`opposition discusses Paper 27, EX2023-EX2025, EX2027, EX2028, EX1060,
`
`EX1063, EX1064, Paper 38, and Paper 49. Mylan is concurrently filing its motion
`
`to exclude and opposition as “Board and Parties Only” to permit Bausch an
`
`opportunity to identify redactions and move to seal.
`
`Dated: May 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
`
`Bryan C. Diner
`
`Joshua Goldberg
`
`Caitlin O’Connell
`
`Kyu Yun Kim
`
`Kassandra Officer
`
`
`and on MSN’s counsel at:
`
`
`Andrew Larsen
`
`Melissa Hayworth
`
`
`
`
`
`
`Dated: May 24, 2023
`
`
`
`
`justin.hasford@finnegan.com
`
`bryan.diner@finnegan.com
`
`joshua.goldberg@finnegan.com
`
`caitlin.o’connell@finnegan.com
`
`kyuyun.kim@finnegan.com
`
`kassandra.officer@finnegan.com
`
`alarsen@merchantgould.com
`
`mhayworth@merchantgould.com
`
`
`Respectfully submitted,
`
`/Christopher Kielman/
`Christopher Kielman
`
`
`
`-3-
`
`
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