`Filed: August 22, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________________
`
`ALTAIRE PHARMACEUTICALS, INC.,
`Petitioner,
`
`v.
`
`PARAGON BIOTECK, INC.,
`Patent Owner
`_____________________________
`
`Case PGR2015-00011
`Patent No. 8,859,623
`_____________________________
`
`
`
`PROTECTIVE ORDER
`
`
`
`
`
`PARAGON - EXHIBIT 2012
`
`
`
`Case PGR2015-00011
`Patent 8,859,623
`
`
`
`This standing 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 marked “PROTECTIVE ORDER
`
`MATERIAL” 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. Representative 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) 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
`
`
`
`-1-
`
`
`
`Case PGR2015-00011
`Patent 8,859,623
`
`agreement of the parties or by the 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 forgoing persons
`
`who are reasonably necessary to assist to assist those persons who are
`
`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 received confidential
`
`information.
`
`3) The Parties shall have the right to further designate confidential
`
`information or portions of confidential information as “PROTECTIVE
`
`ORDER MATERIAL – ATTORNEY’S EYES ONLY.” The
`
`“PROTECTIVE ORDER MATERIAL – ATTORNEY’S EYES ONLY”
`
`-2-
`
`
`
`
`
`
`
`Case PGR2015-00011
`Patent 8,859,623
`
`shall be limited to such documents, materials, testimony, or information
`
`that the designating party believes, in good faith, contains information,
`
`the disclosure of which is likely to cause significant harm to the
`
`competitive position of the designating party or would violate
`
`confidentiality agreements with third parties. Access to confidential
`
`information marked “PROTECTIVE ORDER MATERIAL –
`
`ATTORNEY’S EYES ONLY” is limited to the following individuals
`
`who have executed the acknowledgment appended to this order:
`
`(A) Outside Counsel. (i) outside counsel who appear on the
`
`pleadings as counsel for a party, and (ii) partners, associates,
`
`employees, and staff of such counsel to whom it is reasonably
`
`necessary to disclose the information for this proceedings, including
`
`supporting personnel employed by the attorneys, such as paralegals,
`
`legal translators, legal secretaries, and legal clerks, or (iii) independent
`
`attorneys contracted to assist outside counsel in connection with this
`
`proceeding.
`
`(B) 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.
`
`(C) The Office. Employees and representatives of the Office who
`
`have a need for access to the confidential information shall have such
`
`-3-
`
`
`
`
`
`
`
`Case PGR2015-00011
`Patent 8,859,623
`
`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.
`
`(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.
`
`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 no 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
`
`-4-
`
`
`
`
`
`
`
`Case PGR2015-00011
`Patent 8,859,623
`
`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 of 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 of information do 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. The non-confidential version of
`
`-5-
`
`
`
`
`
`
`
`Case PGR2015-00011
`Patent 8,859,623
`
`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, 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-
`
`
`
`
`
`
`
`Case PGR2015-00011
`Patent 8,859,623
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________________
`
`ALTAIRE PHARMACEUTICALS, INC.,
`Petitioner,
`
`v.
`
`PARAGON BIOTEK, INC.,
`Patent Owner
`_____________________________
`
`Case PGR2015-00011
`Patent No. 8,859,623
`_____________________________
`
`Acknowledgement for Access to Protective Order Material
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case PGR2015-00011
`Patent 8,859,623
`
`
`
`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 disclose 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 Protective Order and
`
`providing remedies for its breach.
`
`
`
`_________________________________________
`
`____________
`
`Signature
`
`
`
`_________________________________________
`
`Printed Name
`
`Date