`Cease3214a9xv9@é*z?§'gfr»%~°s-.tt'+% Beeumsméf rElt%d1%lé%?i£5 p%a9%PH>§gae9Bl.[1=3§48
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
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`UNITED THERAPEUTICS
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`CORPORATION,
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`Counterclaim Defendant;,
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`Plaintiff and
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`V.
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`SANDOZ, INC.
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`Counterclaim Plaintiff.
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`Defendant and
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`\./\./\/\/\./\/\/\/\/\/\/\/\./
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`Civil Action No. 14-5499 (PGS)(LHG)
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`STIPULATED
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`PROTECTIVE ORDER AND CROSS USE AGREEMENT
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`WHEREAS discovery in this action may involve the disclosure of certain documents,
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`things, and information in the possession, custody, or control of the plaintiff, United
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`Therapeutics Corporation (“UTC”), and defendant, Sandoz Inc. (“Sandoz”), that constitute or
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`contain trade secrets or other confidential research, development, or proprietary business
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`information within the meaning of Rule 26(c)(l)(G) of the Federal Rules of Civil Procedure;
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`WHEREAS such confidential information must be protected in order to preserve the
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`legitimate business interests of the parties;
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`WHEREAS UTC seeks discovery concerning Sandoz’s Abbreviated New Drug
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`Application (“ANDA”) No. 203 649, which federal law forbids the FDA fiom disclosing to the
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`public, and other nonpublic, confidential documents in the possession, custody or control of
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`Sandoz;
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`WHEREAS Sandoz seeks discovery concerning UTC's New Drug Application (“NDA”)
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`No. 21-272, a nonpublic, confidential document, which federal law forbids the FDA from
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`
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`Case 3:14-cv-05499-PGS-LHG Document 23 Filed 01/15/15 Page 2 of 4 PageID: 149
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`disclosing to the public, and other nonpublic, confidential documents in the possession, custody
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`or control of UTC;
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`WHEREAS the parties were previously involved in related litigation entitled United
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`Therapeutics Corporation v. Sandoz, Inc., No. 12-1617 (PGS) (LHG) and 13-316 (Sandoz I
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`Litigation) and are currently engaged in an appeal therefrom;
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`WHEREAS the parties recognize that they may wish to use discovery from that related
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`litigation;
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`WHEREAS the parties, through counsel, have stipulated to the entry of this Protective
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`Order and Cross Use Agreement for the purpose of avoiding unnecessary duplication and to
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`prevent unnecessary dissemination or disclosure of their respective confidential information; and
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`WHEREAS the parties, through counsel, stipulate that good cause exists for the entry of
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`this Protective Order pursuant to Rule 26(c) to safeguard against improper disclosure or use of
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`confidential information;
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`It is hereby ORDERED that the following provisions shall govern the conduct of further
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`proceedings in this action:
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`1. The Stipulated Protective Order entered by the Court on September 12, 2012 in the
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`Sandoz I Litigation, incorporated as Appendix A hereto, applies in full to this case as
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`a “related litigation” between the parties;
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`2. Discovery material produced in the Sandoz I Litigation, including UTC and/or
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`Sandoz Protected, Confidential and/or Highly Confidential Information, as defined in
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`the Stipulated Protective Order, may be used in connection with this action as if
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`produced herein according to the following provisions:
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`
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`Case 3:14-cv-05499-PGS-LHG Document 23 Filed 01/15/15 Page 3 of 4 PageID: 150
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`a. Document production, including that containing UTC and/or Sandoz
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`Confidential and/or Highly Confidential Information, produced in the Sandoz
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`[Litigation may be used as ifproduced herein, without prejudice to obtaining
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`additional discovery and without waiver of any alleged deficiencies;
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`b. Discovery responses, including responses to interrogatories and requests for
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`admission, and including those containing UTC and/or Sandoz Confidential
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`and/or Highly Confidential Information, provided in the Sandoz I Litigation
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`may be used as if provided herein, without prejudice to obtaining additional
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`discovery and without waiver of any alleged deficiencies;
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`c. Depositions of UTC and/or Sandoz and/or nonparties within the control of
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`UTC and/or Sandoz can be used as if taken herein, without prejudice to
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`obtaining additional discovery and without waiver of any alleged deficiencies.
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`The foregoing Protective Order and Cross Use Agreement is agreed to and accepted as to both
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`form and substance.
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`
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`Case 3:14-cv-05499-PGS-LHG Document 23 Filed 01/15/15 Page 4 of 4 PageID: 151
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`By attorneys for Plaintiff:
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`/s/ Steghen M. 0rlg_[Ts*k_y
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`Date: December 26, 2014
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`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
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`OF COUNSEL:
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`VVILSON SONSINI GOODRICH &
`ROSATI
`
`Douglas Carsten
`12235 E1Camino Real
`Suite 200
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`San Diego, CA 92130
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`William C. Jackson
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`BOIES, SCHILER & FLEXNER LLP
`5301 Wisconsin Ave, NW
`Washington, DC 20015
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`Attorneys for Plaintiff
`United Therapeutics Corporation
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`By attorneys for Defendant:
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`/s/ Christina L. Saveriano
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`Date: December 26, 2014
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`HILL WALLACK LLP
`Christina L. Saveriano
`Eric I. Abraham
`
`202 Carnegie Center
`Princeton, NJ 08543
`Telephone: (609)734-6395
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`OF COUNSEL:
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`McDERMOTT WILL & EMERY LLP
`Thomas P. Steindler
`
`The McDermott Building
`500 North Capitol Street, N.W.
`Washington, DC 20001
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`Attorneys for Defendant
`Sandoz, Inc.