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Case 3:14-cv-05499-PGS-LHG Document 23 Filed 01/15/15 Page 1 of 4 PageID: 148
`Cease3214a9xv9@é*z?§'gfr»%~°s-.tt'+% Beeumsméf rElt%d1%lé%?i£5 p%a9%PH>§gae9Bl.[1=3§48
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
`
`UNITED THERAPEUTICS
`
`CORPORATION,
`
`Counterclaim Defendant;,
`
`Plaintiff and
`
`V.
`
`SANDOZ, INC.
`
`Counterclaim Plaintiff.
`
`Defendant and
`
`\./\./\/\/\./\/\/\/\/\/\/\/\./
`
`Civil Action No. 14-5499 (PGS)(LHG)
`
`STIPULATED
`
`PROTECTIVE ORDER AND CROSS USE AGREEMENT
`
`WHEREAS discovery in this action may involve the disclosure of certain documents,
`
`things, and information in the possession, custody, or control of the plaintiff, United
`
`Therapeutics Corporation (“UTC”), and defendant, Sandoz Inc. (“Sandoz”), that constitute or
`
`contain trade secrets or other confidential research, development, or proprietary business
`
`information within the meaning of Rule 26(c)(l)(G) of the Federal Rules of Civil Procedure;
`
`WHEREAS such confidential information must be protected in order to preserve the
`
`legitimate business interests of the parties;
`
`WHEREAS UTC seeks discovery concerning Sandoz’s Abbreviated New Drug
`
`Application (“ANDA”) No. 203 649, which federal law forbids the FDA fiom disclosing to the
`
`public, and other nonpublic, confidential documents in the possession, custody or control of
`
`Sandoz;
`
`WHEREAS Sandoz seeks discovery concerning UTC's New Drug Application (“NDA”)
`
`No. 21-272, a nonpublic, confidential document, which federal law forbids the FDA from
`
`

`
`Case 3:14-cv-05499-PGS-LHG Document 23 Filed 01/15/15 Page 2 of 4 PageID: 149
`C鑧§e3é1.<t‘c19&/\7§l§a4zz‘~’3‘%'-Fir’>%§:Hl@ B8&%Wé%£ll2°13 p'iil'a%d19lé%?l3:5 P5893 8t9i fiA°gae‘l8![is2i49
`
`disclosing to the public, and other nonpublic, confidential documents in the possession, custody
`
`or control of UTC;
`
`WHEREAS the parties were previously involved in related litigation entitled United
`
`Therapeutics Corporation v. Sandoz, Inc., No. 12-1617 (PGS) (LHG) and 13-316 (Sandoz I
`
`Litigation) and are currently engaged in an appeal therefrom;
`
`WHEREAS the parties recognize that they may wish to use discovery from that related
`
`litigation;
`
`WHEREAS the parties, through counsel, have stipulated to the entry of this Protective
`
`Order and Cross Use Agreement for the purpose of avoiding unnecessary duplication and to
`
`prevent unnecessary dissemination or disclosure of their respective confidential information; and
`
`WHEREAS the parties, through counsel, stipulate that good cause exists for the entry of
`
`this Protective Order pursuant to Rule 26(c) to safeguard against improper disclosure or use of
`
`confidential information;
`
`It is hereby ORDERED that the following provisions shall govern the conduct of further
`
`proceedings in this action:
`
`1. The Stipulated Protective Order entered by the Court on September 12, 2012 in the
`
`Sandoz I Litigation, incorporated as Appendix A hereto, applies in full to this case as
`
`a “related litigation” between the parties;
`
`2. Discovery material produced in the Sandoz I Litigation, including UTC and/or
`
`Sandoz Protected, Confidential and/or Highly Confidential Information, as defined in
`
`the Stipulated Protective Order, may be used in connection with this action as if
`
`produced herein according to the following provisions:
`
`

`
`Case 3:14-cv-05499-PGS-LHG Document 23 Filed 01/15/15 Page 3 of 4 PageID: 150
`C8§§e3é: 4z19e’v'.%%‘li% ZBEEIEHS 888b‘n'l‘eenrl‘£i3 :5n'e':‘?id19?éEs?l.?:5 P5893 881 é‘a53ae98![ié%5°
`
`a. Document production, including that containing UTC and/or Sandoz
`
`Confidential and/or Highly Confidential Information, produced in the Sandoz
`
`[Litigation may be used as ifproduced herein, without prejudice to obtaining
`
`additional discovery and without waiver of any alleged deficiencies;
`
`b. Discovery responses, including responses to interrogatories and requests for
`
`admission, and including those containing UTC and/or Sandoz Confidential
`
`and/or Highly Confidential Information, provided in the Sandoz I Litigation
`
`may be used as if provided herein, without prejudice to obtaining additional
`
`discovery and without waiver of any alleged deficiencies;
`
`c. Depositions of UTC and/or Sandoz and/or nonparties within the control of
`
`UTC and/or Sandoz can be used as if taken herein, without prejudice to
`
`obtaining additional discovery and without waiver of any alleged deficiencies.
`
`The foregoing Protective Order and Cross Use Agreement is agreed to and accepted as to both
`
`form and substance.
`
`

`
`Case 3:14-cv-05499-PGS-LHG Document 23 Filed 01/15/15 Page 4 of 4 PageID: 151
`Cc’3‘§§e33.1t‘49e</'§&§'?i‘1i%%=l33%§:|:lIlé B8&5+&l1§¥l‘i13 pFiIl1.~‘8d19?éé2'5_’{3:5 P§g§e9‘i élf9{ 6AZ;%98l[ié%51
`
`By attorneys for Plaintiff:
`
`/s/ Steghen M. 0rlg_[Ts*k_y
`
`Date: December 26, 2014
`
`BLANK ROME LLP
`
`Stephen M. Orlofsky
`David C. Kistler
`
`New Jersey Resident Partners
`301 Carnegie Center, 3d Floor
`Princeton, NJ 08540
`Telephone: (609)750-7700
`
`OF COUNSEL:
`
`VVILSON SONSINI GOODRICH &
`ROSATI
`
`Douglas Carsten
`12235 E1Camino Real
`Suite 200
`
`San Diego, CA 92130
`
`William C. Jackson
`
`BOIES, SCHILER & FLEXNER LLP
`5301 Wisconsin Ave, NW
`Washington, DC 20015
`
`Attorneys for Plaintiff
`United Therapeutics Corporation
`
`By attorneys for Defendant:
`
`/s/ Christina L. Saveriano
`
`Date: December 26, 2014
`
`HILL WALLACK LLP
`Christina L. Saveriano
`Eric I. Abraham
`
`202 Carnegie Center
`Princeton, NJ 08543
`Telephone: (609)734-6395
`
`OF COUNSEL:
`
`McDERMOTT WILL & EMERY LLP
`Thomas P. Steindler
`
`The McDermott Building
`500 North Capitol Street, N.W.
`Washington, DC 20001
`
`Attorneys for Defendant
`Sandoz, Inc.

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