`
`The following Default Protective Order will govern the filing and treatment of
`
`confidential information in the proceeding:
`
`Default Protective Order
`
`This protective order governs the treatment and filing of confidential information,
`
`including documents and testimony.
`
`1. Confidential information shall be clearly marked “PROTECTIVE ORDER
`
`MATERIAL.”
`
`2. Access to 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.
`
`(E) Support Personnel. Administrative assistants, clerical staff, court reporters and
`
`117
`
`Bausch Health Ireland Exhibit 2015, Page 1 of 6
`Mylan v. Bausch Health Ireland - IPR2022-01104
`
`
`
`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.
`
`(F) The Office. Employees and representatives of the United States Patent and
`
`Trademark 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.
`
`3. Employees (e.g., corporate officers), consultants, or other persons performing
`
`work for a party, other than those persons identified above in (d)(2)(A)–(E), 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 and after signing the Acknowledgment. The party opposing
`
`disclosure to that person shall have the burden of proving that such person should be
`
`restricted from access to confidential information.
`
`4. Persons receiving confidential information shall use reasonable efforts to
`
`118
`
`Bausch Health Ireland Exhibit 2015, Page 2 of 6
`Mylan v. Bausch Health Ireland - IPR2022-01104
`
`
`
`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.
`
`(i) A party may file documents or information with the Board along with a Motion
`
`to Seal. The Motion to Seal should provide a non-confidential description of the
`
`nature of the confidential information that is under seal, and set forth the reasons
`
`why the information is confidential and should not be made available to the
`
`public. A party may challenge the confidentiality of the information by opposing
`
`119
`
`Bausch Health Ireland Exhibit 2015, Page 3 of 6
`Mylan v. Bausch Health Ireland - IPR2022-01104
`
`
`
`the Motion to Seal. The documents or information shall remain under seal unless
`
`the Board determines that some or all of it does not 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. A party may challenge the confidentiality of the information by
`
`opposing the Motion to Seal. The non-confidential 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 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. Documents
`
`(including deposition transcripts) and other information designated as confidential
`
`that are 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. Within 60 days after the final disposition of this action, including the
`
`120
`
`Bausch Health Ireland Exhibit 2015, Page 4 of 6
`Mylan v. Bausch Health Ireland - IPR2022-01104
`
`
`
`exhaustion of all appeals and motions, each party receiving confidential information must
`
`return, or certify the destruction of, all copies of the confidential information to the
`
`producing party.
`
`(k) Standard Acknowledgement of Protective Order. The following form may be used to
`
`acknowledge a protective order and gain access to information covered by the protective
`
`order:
`
`[CAPTION]
`
`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
`
`Eastern District of Virginia for purposes of enforcing the terms of the
`
`121
`
`Bausch Health Ireland Exhibit 2015, Page 5 of 6
`Mylan v. Bausch Health Ireland - IPR2022-01104
`
`
`
`Protective Order and providing remedies for its breach.
`
`[Signature]
`
`122
`
`Bausch Health Ireland Exhibit 2015, Page 6 of 6
`Mylan v. Bausch Health Ireland - IPR2022-01104
`
`