Case 1:13-cv-00527-RGA Document 58 Filed 11/07/13 Page 1 of 20 PageID #: 283
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`NOV ARTIS PHARMACEUTICALS
`CORPORATION, NOV ARTIS AG,
`NOV ARTIS PHARMA AG, NOV ARTIS
`INTERNATIONAL PHARMACEUTICAL
`LTD. and L TS LOHMANN THERAPIE(cid:173)
`SYSTEMEAG,
`
`Plaintiffs,
`
`v.
`
`NOVEN PHARMACEUTICALS, INC.,
`
`Defendant.
`
`X
`
`X
`
`C.A. No. 13-527-RGA
`
`lPPOPiJ~RSl AMENDED STIPULATED PROTECTIVE ORDER
`
`Pursuant to Federal Rule of Civil Procedure 26(c), the parties 1 hereby stipulate that:
`
`1.
`
`Any document or thing or portion thereof produced by a party to this case
`
`("producing party") may be designated by the producing party as "Confidential."
`
`a.
`
`A party may designate as "Confidential" material which that party in good faith
`
`believes comprises confidential information used by it in or pertaining to its
`
`business, which information is not publicly known.
`
`b.
`
`Each such document or portion thereof, or thing, shall be clearly marked or
`
`stamped with the legend "CONFIDENTIAL." Such legend shall be placed on
`
`every page of a multi-page document. Such legend need not be placed on the
`
`original document of the producing party, but may instead be placed upon copies
`
`For purposes of this Order Novartis Pharmaceuticals Corporation, Novartis AG, Novartis
`Pharma AG and Novartis International Pharmaceutical Ltd. are collectively referred to as the
`"Novartis plaintiffs." The Novartis plaintiffs and L TS Lohmann Therapie-Systeme AG are
`collectively referred to as "plaintiffs." Noven Pharmaceuticals, Inc. is referred to as "Noven."
`
`'
`
`\
`i
`
`I f
`
`

`

`Case 1:13-cv-00527-RGA Document 58 Filed 11/07/13 Page 2 of 20 PageID #: 284
`
`produced or exchanged. As to each document or portion so marked (subject to
`
`the exceptions contained in paragraphs 15 and 16 below), the receiving party shall
`
`not disclose such document or portion (or the contents thereof) to others unless by
`
`specific order of this Court or by written consent of the producing party, and shall
`
`not use such document or portion (or the contents thereof) for any purpose other
`
`than the prosecution and/or defense of the above-captioned case and/or for the
`
`purpose of coordinating the prosecution and/or defense of consolidated or joint
`
`aspects of pre-trial, trial, post-trial, and, if applicable, any appeal in the related
`
`case Novartis Pharmas. Corp. et al. v Alvogen Pine Brook Inc. et al., case no. 13-
`
`cv-00052 (D. Del.) and/or related Case No. 13-cv-00370, and in accordance with
`
`the terms of this Order. "Confidential" designated information cannot, for
`
`example, be used by the receiving party for the purpose of preparing or
`
`prosecuting a patent application, in any communication with the U.S. Food and
`
`Drug Administration, or in any communication with the United States
`
`Pharmacopeia. All "Confidential" information not reduced to documentary or
`
`tangible form or which cannot be conveniently designated in the manner set forth
`
`above, such as models or electronic files in native format, shall be designated by
`
`informing the receiving party in writing, and/or by so labeling the media on which
`
`the information is produced.
`
`2.
`
`Interrogatories or answers thereto, requests for admissions or responses thereto,
`
`motions, briefs, memoranda, correspondence and other documents (or portions of the foregoing)
`
`prepared, produced, and served and/or filed in connection with this case containing "Confidential"
`
`2
`
`

`

`Case 1:13-cv-00527-RGA Document 58 Filed 11/07/13 Page 3 of 20 PageID #: 285
`
`information, or quoting or referring to the substance of"Confidential" information, shall be
`
`designated as "Confidential" in accordance with paragraph 1.
`
`3.
`
`Oral or transcribed testimony may similarly be designated by any party as
`
`"Confidential." All transcripts of such testimony shall be treated as "Confidential" in their
`
`entirety until thirty (30) days following receipt of the transcript. Thereafter, the information
`
`contained in the transcript will no longer be deemed "Confidential" unless: within thirty (30)
`
`days of receiving the final transcript, the party designating such transcript as "Confidential"
`
`provides to the other parties written notice that identifies the portions of the transcript that
`
`contain "Confidential" information; or at the deposition or hearing, counsel for the producing
`
`party stated on the record that certain portions or the entirety of the transcript contains
`
`"Confidential" information. The court reporter must mark the transcript accordingly pursuant to
`
`the specified designation.
`
`4.
`
`In the event a producing party elects to produce "Confidential" information for
`
`inspection, no marking need be made by the producing party in advance of inspection, and all
`
`information produced for inspection shall be treated as "Confidential" during inspection.
`
`Thereafter, upon selection of specified material for copying by the inspecting party, copies of
`
`such documents that contain "Confidential" information shall be marked with the appropriate
`
`confidentiality marking. "Confidential" information inspected, but not selected for copying, by
`
`the inspecting party shall thereafter be treated as "Confidential." If the producing party
`
`discovers after inspection is complete that it has inadvertently produced "Confidential"
`
`information that has not been properly designated as such, the producing party may correct that
`
`error by identifying to the receiving party in writing the "Confidential" information and the
`
`3
`
`

`

`Case 1:13-cv-00527-RGA Document 58 Filed 11/07/13 Page 4 of 20 PageID #: 286
`
`confidential nature of the information. The parties agree thereafter to treat that information in
`
`accordance with this Order.
`
`5.
`
`Information which becomes available to any party via inspection, measuring,
`
`analyzing, or testing of any sample or thing designated as "Confidential" pursuant to paragraph
`
`I, or which is prepared or derived by utilizing information designated as "Confidential"
`
`information and supplied under this Order, shall also be considered "Confidential" information,
`
`as the case may be, under this Order.
`
`6.
`
`Information designated "Confidential" as described in this Order shall be deemed
`
`and treated as "Confidential" information unless and until the Court rules to the contrary, and
`
`any access thereto or use or disclosure thereof shall be limited, unless and until the Court rules
`
`that there may be further disclosure, to the following:
`
`a.
`
`Attorneys employed by law firms of record for the parties in this case, and
`
`persons working solely in secretarial, clerical and paralegal capacities who are
`
`assisting those attorneys in this case, and contract or temporary attorneys retained
`
`by law firms of record for the parties in the case, provided such contract or
`
`temporary attorneys acknowledge that they will abide by this Order by signing the
`
`attached Acknowledgement;
`
`b.
`
`Court reporters and videographers taking testimony involving information
`
`designated as "Confidential" and necessary stenographic and clerical personnel
`
`thereof;
`
`c.
`
`Litigation support consultants engaged to provide services relating to document
`
`indexing or imaging, demonstrative exhibits, graphics, charts, animations and/or
`
`4
`
`

`

`Case 1:13-cv-00527-RGA Document 58 Filed 11/07/13 Page 5 of 20 PageID #: 287
`
`jury studies, provided they acknowledge that they will abide by this Order by
`
`signing the attached Acknowledgement;
`
`d.
`
`Consultants or experts and their staffs to the extent cleared by the parties pursuant
`
`to paragraph 9 of this Order, provided they acknowledge that they will abide by
`
`this Order by signing the attached Acknowledgement;
`
`e.
`
`Mock jurors and/or judges engaged by any consultant in preparation for trial,
`
`provided they acknowledge that the information they are shown shall be kept
`
`f.
`
`g.
`
`h.
`
`i.
`
`j.
`
`confidential;
`
`The Court and the Court's staff;
`
`Subject to the limitations described in paragraph 8, Peter Waibel and Tim
`
`Ohnemulller as in-house counsel for plaintiffs, and Jeff Mihm as in-house counsel
`
`for defendant, provided that Messrs. Mihm, Waibel, and Ohnemulller do not have
`
`and will not assume responsibility for the prosecution of patent applications
`
`claiming rivastigmine, compositions or devices containing rivastigmine, methods
`
`of making rivastigmine or rivastigmine-containing products, or methods of using
`
`rivastigmine.
`
`Any person to whom the designating party agrees in writing;
`
`Any person to the extent required by Court Order; and
`
`Regarding plaintiffs' "Confidential" information only: Attorneys employed by
`
`law firms of record for the defendants in the related case Novartis Pharmas. Corp.
`
`eta/. v Alvogen Pine Brook Inc. eta/., case no. 13-cv-00052 (D. Del.) and related
`
`Case No. 13-cv-00370, and persons working solely in secretarial, clerical and
`
`paralegal capacities who are assisting those attorneys in this case, and contract or
`
`5
`
`

`

`Case 1:13-cv-00527-RGA Document 58 Filed 11/07/13 Page 6 of 20 PageID #: 288
`
`temporary attorneys retained by law firms of record for the parties in the case,
`
`provided such contract or temporary attorneys acknowledge that they will abide
`
`by this Order by signing the attached Acknowledgement.
`
`7.
`
`The persons identified in paragraphs 6.c- 6.e, 6.g and 6.h above and the contract
`
`or temporary attorneys identified in paragraphs 6.a and 6.j above shall not be permitted access to
`
`"Confidential" information, respectively, unless and until they agree in writing to be bound by
`
`this Order by signing an Acknowledgement substantially in the form of Attachment A hereto.
`
`Outside counsel of record shall retain copies of all executed Acknowledgements. Except as
`
`provided in paragraph 9 below, copies need not be provided until the final termination of this
`
`case and at the written request of the producing party.
`
`8.
`
`Access to produced documents designated "Confidential" by in-house counsel
`
`designated pursuant to paragraph 6.g shall be as follows:
`
`a.
`
`In-house counsel designated pursuant to paragraph 6.g may receive produced
`
`documents and/or information designated "Confidential" if such documents and
`
`or/information are contained in or attached to documents filed or to be filed with
`
`the Court (including drafts thereof), or any document, pleading or brief in
`
`connection with any motion or other written submission filed or to be filed with
`
`the Court (including drafts thereof) or if such documents and/or information are
`
`used, discussed or marked at a deposition taken in connection with this case.
`
`b.
`
`The parties' contentions in this case concerning the validity (or invalidity) and
`
`infringement (or non-infringement) of the patents-in-suit, and any "Confidential"
`
`information necessary to make such contentions reasonably intelligible, may be
`
`disclosed to in-house counsel designated pursuant to paragraph 6.g.
`
`6
`
`I
`l t
`
`

`

`Case 1:13-cv-00527-RGA Document 58 Filed 11/07/13 Page 7 of 20 PageID #: 289
`
`c.
`
`Except as provided in paragraphs 8.a and 8.b above, outside counsel of record
`
`shall not send to, or otherwise provide a copy to, in-house counsel produced
`
`documents containing "Confidential" information. If in-house counsel
`
`designated pursuant to paragraph 6.g seek access to any such produced documents,
`
`they shall only have access in the offices of their outside counsel of record.
`
`d.
`
`In-house counsel designated pursuant to paragraph 6.g shall be permitted to attend
`
`the depositions of their own party's fact witnesses and to have access to
`
`"Confidential" information and/or documents discussed, marked or used at the
`
`deposition. In-house counsel designated pursuant to paragraph 6.g shall be
`
`permitted to attend the depositions of any expert witness retained by any party
`
`and to have access to "Confidential" information and/or documents discussed,
`
`marked or used at the deposition;
`
`9.
`
`The procedure for the disclosure of any "Confidential" information to the persons
`
`described in paragraphs 6.d and 6.h shall be as follows:
`
`a.
`
`The party seeking to disclose such information shall, before such disclosure,
`
`disclose to outside counsel for each producing party:
`
`i.
`
`The name of the person to whom the party seeks to disclose the
`
`I
`i i
`
`information;
`
`ii.
`
`The present employer, responsibilities and title ofthe person;
`
`Ill.
`
`A signed, written Acknowledgement (substantially in the form of
`
`Attachment A) by the person that he/she has read this Order, agrees to be
`
`bound by its terms, and consents to the jurisdiction of this Court;
`
`and
`
`7
`
`

`

`Case 1:13-cv-00527-RGA Document 58 Filed 11/07/13 Page 8 of 20 PageID #: 290
`
`IV.
`
`For consultants or experts, a current resume, a list of all publications
`
`authored in the previous ten (I 0) years and a list of all cases in which
`
`he/she has testified at trial or deposition within the past four ( 4) years.
`
`b.
`
`Within ten (I 0) days after receipt of the information described in paragraph 9 .a, a
`
`party may object to the disclosure of information designated as "Confidential" to
`
`the proposed recipient. Such objection may be made by serving a written
`
`objection on the party seeking to make disclosure. Counsel shall endeavor in
`
`good faith to resolve the objection on an informal basis before presenting the
`
`matter to the Court for resolution. If the parties are unable to resolve the
`
`objection, the objecting party may move the Court for a protective order
`
`preventing the disclosure of information designated as "Confidential" to the
`
`proposed recipient. Such motion must be filed and served within ten (10) days of
`
`service of the party's written objection; otherwise, the objection is deemed waived.
`
`The objecting party shall have the burden of proof. Until the objection has been
`
`resolved by agreement of counsel or by order of the Court, no disclosure of
`
`"Confidential" designated information shall be made to the proposed recipient.
`
`I 0.
`
`Any "Confidential" material to be filed with the Court in connection with this
`
`case shall be filed under seal in accordance with the applicable procedures set forth in the Local
`
`Rules for the United States District Court for the District of Delaware and/or the applicable
`
`procedures established by the clerk of the Court. When filing papers under seal, counsel shall
`
`deliver to the Clerk an original and one (I) copy of the papers. A redacted version of any sealed
`
`document shall be filed electronically within seven (7) days of the filing of the sealed document.
`
`8
`
`I
`I
`I
`
`

`

`Case 1:13-cv-00527-RGA Document 58 Filed 11/07/13 Page 9 of 20 PageID #: 291
`
`11.
`
`No receiving party shall be under any obligation to object to the designation of
`
`any document or information as "Confidential" at the time such designation is made, or at any
`
`time thereafter, and no party shall, by failure to object, be found to have acquiesced or agreed to
`
`such designation or be barred from objecting to such designation at any time. If the receiving
`
`party at any time objects to the designation of any information as "Confidential," such party shall
`
`state the objection in writing to counsel for the designating party. Counsel shall endeavor in
`
`good faith to resolve the objection on an informal basis before presenting the matter to the Court
`
`for resolution. If the parties are unable to resolve the objection, the objecting party may move
`
`the Court for an order changing or removing the designation. The objecting party shall have the
`
`burden of showing good cause for changing or removing the designation. Until an objection to
`
`the designation of a document has been resolved by agreement of counsel or by order of the
`
`Court, the document shall be treated as designated and subject to the terms of this Order.
`
`12.
`
`No party shall be responsible to another for any use made of information
`
`produced or disclosed hereunder and not identified or designated as "Confidential." However,
`
`the inadvertent or unintentional disclosure by the producing party of confidential information
`
`without designating the same shall not be deemed a waiver in whole or in part of such party's
`
`claim of confidentiality, and such designation may be made after the discovery of the inadvertent
`
`production or disclosure. Thereafter, such confidential information shall be considered as having
`
`been designated as "Confidential," and shall be deemed to be subject to the terms of this Order.
`
`13.
`
`Should any document or information designated as "Confidential" hereunder be
`
`disclosed through inadvertence to any person or party not entitled to receive the same hereunder,
`
`then the parties intend to have such person be automatically bound by this Order with respect to
`
`the Confidential document or information disclosed, and such person shall be informed promptly
`
`9
`
`

`

`Case 1:13-cv-00527-RGA Document 58 Filed 11/07/13 Page 10 of 20 PageID #: 292
`
`of the provisions of this Order by the receiving party and shall sign an Acknowledgement in
`
`accordance with paragraph 7 above. The parties shall exercise all reasonable efforts to retrieve
`
`any such information disclosed to persons not authorized to receive the information under this
`
`Order.
`
`14.
`
`The inadvertent production or disclosure of any document or thing otherwise
`
`protected by the attorney-client privilege, work-product immunity, or any other applicable
`
`privilege or immunity, shall not operate as a waiver of any such privilege or immunity if, after
`
`learning that the inadvertent production or disclosure was made, the party who made the
`
`inadvertent production or disclosure sends to each receiving party a written request for return of
`
`the inadvertently produced or disclosed document or thing. Within five (5) business days of
`
`receiving such a request, the receiving party shall either return to the producing party the original
`
`and all copies of such documents and things identified by the producing party as being privileged
`
`or work-product and as having been inadvertently produced, or represent in writing that all such
`
`documents and materials have been destroyed, provided that, at the time such a written request is
`
`received, the document or thing has not been cited as evidence or otherwise relied on by the
`
`receiving party in any documents served on the producing party and/or filed with the Court. If,
`
`at the time the request is received, the document or thing had been cited as evidence or otherwise
`
`relied on by the receiving party, then the receiving party may retain one copy of any such
`
`document or thing solely for the purpose of disputing that such document or thing is protected by
`
`the attorney-client privilege or by work-product product immunity, but will either return the
`
`original and all other copies to the producing party, or represent in writing that all such
`
`documents and materials have been destroyed.
`
`10
`
`

`

`Case 1:13-cv-00527-RGA Document 58 Filed 11/07/13 Page 11 of 20 PageID #: 293
`
`a.
`
`If the receiving party disputes that any such document or thing was inadvertently
`
`produced or is protected by the attorney-client privilege, work-product immunity,
`
`or any other applicable privilege or immunity, the receiving party shall so notify
`
`the producing party in writing when the document or thing is returned to the
`
`producing party.
`
`b.
`
`Within ten (1 0) business days after receiving such notification, the producing
`
`party shall provide to the receiving party a list identifying all such returned
`
`documents and things and stating the basis for the claim of privilege or immunity.
`
`To the extent that only a portion or a returned document or thing contains
`
`information that is protected by the attorney-client privilege or by work-product
`
`immunity, the producing party shall also provide to the receiving party
`
`replacements for the returned documents or things with the protected information
`
`redacted from such documents or things.
`
`c.
`
`Counsel shall endeavor in good faith to resolve any disputes over any claimed
`
`privileges or immunities before presenting the matter to the Court for resolution.
`
`If the parties are unable to resolve the disputes, the receiving party may move the
`
`Court to compel the production of the returned documents. The parties agree that
`
`any motions to compel and the related briefs will be filed under seal. The
`
`producing party shall have the burden of proving that the documents in dispute
`
`are protected by the applicable privilege or immunity.
`
`d.
`
`The disposition of documents containing information derived from such
`
`inadvertently produced documents shall be addressed on a case-by-case basis by
`
`agreement of counsel or by order of the Court.
`
`11
`
`' i
`I
`\ I,
`
`

`

`Case 1:13-cv-00527-RGA Document 58 Filed 11/07/13 Page 12 of 20 PageID #: 294
`
`\
`
`e.
`
`In the event that the receiving party discovers material it knows or reasonably
`
`should know to be inadvertently or unintentionally produced or disclosed
`
`information that is protected by the attorney-client privilege or work-product
`
`immunity before it has been notified by the producing party, the receiving party
`
`must promptly notify, in writing, the producing party of the inadvertent or
`
`unintentional disclosure.
`
`15.
`
`Notwithstanding this Order, a party may disclose: (a) its own "Confidential"
`
`material to non-parties as it sees fit; (b) another party's "Confidential" matter to any officer,
`
`director, employee, attorney or agent of that other party, or to any former officer, director,
`
`employee, attorney or agent of that other party, provided that the document or thing includes
`
`indicia that the former officer, director, employee, attorney or agent had received it, or if the
`
`producing party or outside counsel to the producing party permits such disclosure; or (c) a
`
`nonparty's "Confidential" material as produced by that nonparty to any employee ofthat
`
`nonparty, provided that the document or thing includes indicia that the nonparty employee had
`
`received it, or if the nonparty or outside counsel to the nonparty party permits such disclosure.
`
`16.
`
`The confidentiality obligations ofthis Order shall not apply or shall cease to apply
`
`to any information that, upon agreement by the parties, by order of the Court, or upon good cause
`
`shown:
`
`a.
`
`at the time of disclosure hereunder, was already in the public domain by
`
`publication or otherwise;
`
`b.
`
`since the time of disclosure hereunder, has become, through no act or failure on
`
`the part of the receiving party, part of the public domain by publication;
`
`12
`
`

`

`Case 1:13-cv-00527-RGA Document 58 Filed 11/07/13 Page 13 of 20 PageID #: 295
`
`c.
`
`at the time of disclosure hereunder, was already lawfully in the possession of the
`
`receiving party and was not acquired directly or indirectly from the producing
`
`party or from any nonparty under obligation of confidence to the producing party;
`
`d.
`
`after disclosure hereunder, was acquired by the receiving party from a nonparty
`
`lawfully possessing the same and having no obligation to the producing party
`
`hereunder;
`
`e.
`
`the producing party agrees may be disclosed to a nonparty under no obligation of
`
`confidentiality; or
`
`f.
`
`after disclosure hereunder, was developed by the receiving party independently of
`
`any "Confidential" information from the producing party.
`
`17.
`
`Nothing in this Order shall be construed to require production of"Confidential"
`
`information deemed by counsel possessing such information to be privileged or otherwise
`
`protected from discovery. The entry of this Order shall not constitute a waiver by the parties of
`
`any objections to disclosure and/or production of any information during discovery.
`
`18.
`
`If discovery in this case calls for the production of information the disclosure of
`
`which would breach an express or implied agreement by that party with a nonparty to maintain
`
`such information in confidence, the party requested to produce the information shall first give
`
`written notice to the nonparty with a copy of this Order. When such written notice is given to the
`
`nonparty, the party requested to produce the information will advise the other parties to this case
`
`that such notice has been given. If the nonparty consents to the production, the requested
`
`information shall be produced in accordance with this Order. If the nonparty objects to the
`
`production of such information, the party requested to produce shall not produce the information
`
`without an order from the Court directing it to do so. If a party seeks discovery from a nonparty,
`
`13
`
`I f
`
`I
`
`r
`I
`
`I ! '
`
`

`

`Case 1:13-cv-00527-RGA Document 58 Filed 11/07/13 Page 14 of 20 PageID #: 296
`
`either the nonparty or the parties may invoke the terms of this Order with respect to any
`
`confidential information provided by the nonparty to the parties by so advising all parties to this
`
`case in writing. Any such nonparty shall have standing to appear in this case to file motions and
`
`oppose motions, as necessary, to protect such nonparty's rights in its confidential information.
`
`19.
`
`If, in responding to a discovery request, subpoena, other legal process or
`
`otherwise, a nonparty discloses "Confidential" information belonging to or owned by a party, the
`
`information disclosed by the nonparty shall be accorded the same protection as if it were
`
`received from a producing party under this Order. In such an event, a party, in good faith
`
`believing the information disclosed to be its "Confidential" information, may designate such
`
`information pursuant to this Order. Likewise, a nonparty disclosing its own or a party's
`
`"Confidential" information may do so under the terms of this Order if the nonparty first agrees in
`
`writing to the terms of this Order, and, thereafter, the information disclosed by the nonparty shall
`
`be accorded the same protection as if it were received from a producing party under this Order.
`
`Any party subject to this Order may object to the designation of information received from
`
`non parties under the provisions contained in paragraph I 1 of this Order.
`
`20.
`
`The parties agree to exclude from discovery all draft expert reports and all
`
`communications between the party's attorney and any witness required to provide a report under
`
`Rule 26(a)(2)(B), regardless of the form of the communications, except to the extent that the
`
`communications: (a) relate to the compensation for the expert's study or testimony; (b) identify
`
`facts or data that the party's attorney provided and that the expert considered in forming the
`
`opinions to be expressed; or (c) identify assumptions that the party's attorney provided and that
`
`the expert relied on in forming the opinions to be expressed; to the extent the expert is designated
`
`as a testifying expert. The parties and their testifying experts must otherwise comply with the
`
`14
`
`I I
`
`

`

`I I
`I I
`
`Case 1:13-cv-00527-RGA Document 58 Filed 11/07/13 Page 15 of 20 PageID #: 297
`
`disclosure requirements set forth in Federal Rule of Civil Procedure 26(a)(2).
`
`21.
`
`In the event that a new party is added, substituted or brought into the case, or in
`
`the event that new or substitute counsel is retained by a party, this Order shall be binding on and
`
`inure to the benefit ofthe new party, subject to the right ofthe new party to seek relief from or
`
`modification of the Order.
`
`22.
`
`At the conclusion of this case, including any appeals, the originals of all produced
`
`documents or things designated "Confidential," and all photocopies thereof (including those
`
`provided to outside experts and other third parties), but excluding those provided to the Court,
`
`shall, within sixty ( 60) days of a written request, be returned to the producing party (or destroyed,
`
`at the election of the producing party), except that neither the parties nor the Court shall be
`
`obliged to return or destroy any production documents or production things (or any photocopies
`
`thereof) that were admitted into evidence at trial or any hearing; incorporated (as an exhibit,
`
`appendix, or otherwise) as part of a document filed with or submitted to the Court; or
`
`incorporated (as an exhibit, appendix, or otherwise) as part of an expert report.
`
`23.
`
`The terms of this Order shall survive the final termination of this case to the
`
`extent that any "Confidential" information is not or does not become known to the public.
`
`24.
`
`This Order shall be binding upon the parties hereto, upon their attorneys, and
`
`upon the parties' and their attorneys' successors, executors, personal representatives,
`
`administrators, heirs, legal representatives, assigns, subsidiaries, divisions, officers, directors,
`
`employees, agents, and independent contractors, and other persons or organizations over which
`
`they have control.
`
`25.
`
`Nothing in this Order shall bar or otherwise restrict any attorney herein from
`
`rendering advice to the attorney's party-client with respect to this case, and in the course thereof,
`
`15
`
`

`

`Case 1:13-cv-00527-RGA Document 58 Filed 11/07/13 Page 16 of 20 PageID #: 298
`
`relying upon an examination of "Confidential" information; provided, however, that in rendering
`
`such advice and in otherwise communicating with the party client, the attorney shall not disclose
`
`any "Confidential" information nor the source of any "Confidential" information to anyone not
`
`authorized to receive such information pursuant to the terms of this Order.
`
`26.
`
`Any party may retrieve and refile under seal any document containing
`
`"Confidential" information that was filed with the Court prior to entry of this Order.
`
`27.
`
`This Order may be changed by further order of the Court, and is without prejudice
`
`to the rights of any party to move for relief from any of its provisions, or to seek or agree to
`
`different or additional protection for any particular material or information.
`
`28.
`
`Until such time as this Order has been entered by the Court, the parties agree that,
`
`upon execution by the parties, it will be treated as though it had been "So Ordered."
`
`29.
`
`The Court retains jurisdiction even after the termination of the case to enforce this
`
`Order and to make such amendments, modifications, deletions and additions to this Order as the
`
`Court may deem appropriate.
`
`30.
`
`By entering this order, the Court does not intend to preclude another court from
`
`finding that information may be relevant and subject to disclosure in another case. Any person
`
`or party subject to this order who becomes subject to a motion to disclose another party's
`
`information designated as confidential pursuant to this order shall promptly notify that party of
`
`the motion so that the party may have an opportunity to appear and be heard on whether that
`
`information should be disclosed.
`
`SO ORDERED this Jjay of IJo V
`
`'2013.
`
`16
`
`i I I I
`
`t
`i
`
`

`

`Case 1:13-cv-00527-RGA Document 58 Filed 11/07/13 Page 17 of 20 PageID #: 299
`
`United States District Judge
`
`17
`
`

`

`Case 1:13-cv-00527-RGA Document 58 Filed 11/07/13 Page 18 of 20 PageID #: 300
`
`SO STIPULATED:
`
`November 6, 2013
`
`Is/ Daniel M. Silver
`Michael P. Kelly (#2295)
`Daniel M. Silver (#4758)
`McCARTER & ENGLISH, LLP
`Renaissance Centre
`405 N. King Street, 8th Floor
`Wilmington, DE 19801
`mkelly@mccarter. com
`dsilver@mccarter. com
`
`November 6, 20 13
`
`Is/ Megan C. Haney
`John C. Phillips , Jr. (No. 11 0)
`Megan C. Haney (No. 5016)
`PHILLIPS, GOLDMAN & SPENCE P.A.
`1200 North Broom Street
`Wilmington, DE 19806
`(302) 655-4200
`jcp@pgslaw. com
`
`Of Counsel:
`
`Of Counsel:
`
`Nicholas N. Kallas
`Filko Prugo
`FITZPATRICK, CELLA, HARPER
`& SCINTO
`1290 A venue of the Americas
`New York, NY 10104-3800
`nkallas@fchs. com
`fprugo@fchs. com
`
`Attorneys for Plaintiffs
`Norvartis Pharmaceuticals Corporation,
`Novartis AG,
`Novartis Pharma AG,
`Novartis International Pharmaceutical Ltd.
`and L TS Lohmann Therapie Systeme AG
`
`Steven J. Lee
`Cynthia Lambert Hardman
`Eric T. Schreiber
`KENYON & KENYON
`One Broadway
`New York, NY 1 0004
`(212) 427-7200
`slee@kenyon. com
`chardman@kenyon. com
`eschreiber@kenyon. com
`
`Attorneys for Defendant
`Noven Pharmaceuticals, Inc.
`
`18
`
`

`

`Case 1:13-cv-00527-RGA Document 58 Filed 11/07/13 Page 19 of 20 PageID #: 301
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`NOV ARTIS PHARMACEUTICALS
`CORPORATION, NOV ARTIS AG,
`NOV ARTIS PHARMA AG, NOV ARTIS
`INTERNATIONAL PHARMACEUTICAL
`LTD. and LTS LOHMANN T