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`EXHIBIT C
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
`CLARKSBURG DIVISION
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`REGENERON PHARMACEUTICALS, INC.,
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`Plaintiff,
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`v.
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`MYLAN PHARMACEUTICALS INC.,
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`Defendant.
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`Civil Action No. 1:22-cv-00061-TSK
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` STIPULATED PROTECTIVE ORDER
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`Pursuant to Northern District of West Virginia Local Rule 26.05, and upon agreement of
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`the Parties for an order pursuant to Fed. R. Civ. P. 26(c), Plaintiff Regeneron Pharmaceuticals, Inc.
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`(“Regeneron”) and Defendant Mylan Pharmaceuticals Inc. (“Mylan”) (each a “Party” and
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`collectively the “Parties”), hereby stipulate and the Court orders as follows:
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`I.
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`Definitions.
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`1.
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`As used in this Protective Order, these terms have the following meanings:
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`(a)
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`“Patents-in-Suit” refers to United States Patents that Regeneron has claimed
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`Mylan infringes as set forth in the Complaint filed on August 2, 2022 or any
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`Amended Complaint that Regeneron files once it becomes the operative
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`pleading in this Action;
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`(b)
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`“Action” means the case captioned Regeneron Pharmaceuticals, Inc. v.
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`Mylan Pharmaceuticals Inc., Case No. 1:22-cv-00061-TSK, which is
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`currently pending in the Northern District of West Virginia;
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`(c)
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`“Affiliate” means any Third Party that, directly or indirectly, through one
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`or more intermediaries controls, or is controlled by, or is under common
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`control with, a Party to this Action;
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`(d)
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`“CONFIDENTIAL” means information that constitutes, contains, reveals,
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`or reflects trade secrets or other confidential research, development,
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`business, or commercial information within the meaning of Fed. R. Civ. P.
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`26(c)(1)(G), including but not limited to: scientific and technical
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`information; financial (including pricing and sales information), budgeting
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`and/or accounting information; information about existing and potential
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`customers; marketing and other business strategies, decisions or
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`negotiations; employee compensation, evaluation and other employment
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`information; business plans; manufacturing
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`information;
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`licensing
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`agreements; regulatory information (including non-public correspondence
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`with the United States and foreign patent offices and regulatory agencies);
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`and information that concerns or relates to the trade secrets, processes,
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`operations, style of work, or apparatus, or to the production, sales,
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`shipments, purchases, transfers, identification of customers, inventories,
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`amount or source of any income, profits, losses, or expenditures of any
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`person, firm, partnership, corporation, or other organization; and any other
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`information that is protected from disclosure by the laws of the United
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`States or another country; and includes such confidential and proprietary
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`information about a Third Party, including parents, subsidiaries, and/or
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`other Affiliates; and any other information, including “Personal Data” as
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`defined below, the disclosure of which would harm the competitive position
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`of the Producing Party if the information becomes known to a person or
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`party other than the Producing Party other than as permitted hereunder;
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`(e)
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`“Designated In-house Counsel” means an attorney designated in accordance
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`with Paragraph 6(i);
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`(f)
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`“Designating Party” is a Party or Third Party that designates information or
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`items that it produces in Disclosures as “CONFIDENTIAL” or as
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`“OUTSIDE COUNSEL’S EYES ONLY”;
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`(g)
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`“Disclosure(s)” means all documents; written discovery requests and
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`responses; deposition transcripts; correspondence between the Parties;
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`pleadings; exhibits; documents and things made available for inspection;
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`expert testimony and reports; biological materials produced by a Party or
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`Third Party in this Action including, but not limited to, any physical samples
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`of cells, polynucleotides, or proteins; all other discovery taken pursuant to
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`the Federal Rules of Civil Procedure, including Third Party discovery
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`pursuant to Federal Rule of Civil Procedure 45; and tangible items and any
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`other information produced or disclosed between the Parties in connection
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`with this Action, including the pre-suit exchanges made pursuant to 42
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`U.S.C. § 262(l). For the sake of clarity, the production of biological samples
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`shall be governed by the terms set forth in Paragraph 31;
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`(h)
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`“Document(s)” means all materials within the scope of Federal Rule of Civil
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`Procedure 34(a);
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`(i)
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`“Expert” is a person with specialized knowledge or experience in a matter
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`pertinent to the Action who (1) has been retained by a Party or its Outside
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`Counsel to serve as an expert witness or as a consultant in this Action, (2)
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`is not a current employee of a Party, (3) at the time of retention, is not
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`anticipated to become an officer, director, or employee of a Party. Nothing
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`in this Protective Order purports to alter the requirements for offering
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`testimony under Federal Rule of Evidence 703, or to define the term
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`“expert” for purposes other than those addressed in this Protective Order;
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`(j)
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`“In-House Counsel” means an in-house attorney who is an employee of a
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`Party to this Action or a Party’s Affiliate;
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`(k)
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`“Third Party” is any natural person, partnership, corporation, association,
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`or other legal entity not named as a Party to this Action;
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`(l)
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`“Outside Counsel” means the external lawyers retained by the Parties to
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`litigate this Action and who have appeared in this Action or are acting at the
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`direction of a lawyer who has appeared in this Action, including, but not
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`limited to, outside attorneys admitted pro hac vice in this Action and
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`paralegals, assistants and other employees of the respective law firms of
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`Outside Counsel;
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`(m)
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`“OUTSIDE COUNSEL’S EYES ONLY” means any Disclosure that
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`contains highly sensitive information relevant to the Designating Party’s
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`current or prospective products, scientific or technical information, business
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`information of current or prospective significance and for which production
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`on a confidential basis, even to In-house Counsel, would create a substantial
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`risk of serious harm to the Designating Party that could not be avoided by
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`less restrictive means.
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`(n)
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`“Party” means any party to this Action, including all of its officers,
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`directors, employees;
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`(o)
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`“Personal Data” means any information that a Party believes in good faith
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`to be subject to data protection laws or other privacy obligations. In
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`particular, such data protection laws include the European Union General
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`Data Protection Regulation (“GDPR”). “Personal Data” shall mean all
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`information relating to an identified or (directly or indirectly) identifiable
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`person (“Data Subject”) originating from or processed in, inter alia, the
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`European Union/European Economic Area. “Personal Data” includes but
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`is not limited to the Data Subject's name, location data (such as an address
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`or a phone number) or online identifiers (such as email or IP addresses). All
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`of the provisions in the Protective Order applicable to CONFIDENTIAL
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`information will apply equally to Personal Data;
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`(p)
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`“Producing Party” is any Party or Third Party that produces or provides a
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`Disclosure;
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`(q)
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`“Protected Material”
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`is any Disclosure
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`that
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`is designated as
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`“CONFIDENTIAL” or “OUTSIDE COUNSEL’S EYES ONLY”;
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`(r)
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`“Prosecution” means any participation in and/or contribution to drafting,
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`amending, or modifying of patent claims in domestic and/or foreign patent
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`office correspondence or fee payments, including during an inter partes
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`review (“IPR”), post grant review (“PGR”), or any other proceeding before
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`a domestic and/or foreign agency, or advising a Party or other entity
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`regarding the drafting, amending, or modifying of that Party’s or other
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`entity’s patent claims. For the sake of clarity, “Prosecution” does not
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`include participation in a challenge or in defense of a patent before a
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`domestic or foreign agency (including but not limited to participation in
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`inter partes review proceedings, post grant review proceedings, an
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`International Trade Commission proceeding, inter partes reexamination, ex
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`parte reexamination, reissue, certificates of correction, opposition at the
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`European Patent Office, or other post-grant review proceedings), provided,
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`however, that such participation does not involve, directly or indirectly, the
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`drafting, amending, or modifying of patent claim(s);
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`“Protective Order” means this Stipulated Protective Order;
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`“Receiving Party” is any Party or Third Party receiving a Disclosure;
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`“Third Party” means a person or entity that is not a Party; and
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`“Written Assurance” means an executed document in the form attached as
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`(s)
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`(t)
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`(u)
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`(v)
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`Exhibits A or B.
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`II.
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`Scope.
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`2.
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`The protections conferred by this Stipulation and Order cover not only Protected
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`Material (as defined above), but also (1) any information copied or extracted from Protected
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`Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; and (3) any
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`testimony, conversations, or presentations by Parties or their counsel that might reveal Protected
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`Material. However, the protections conferred by this Stipulation and Order do not cover the
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`following information: (a) any information that is in the public domain at the time of disclosure to
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`a Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as
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`a result of publication not involving a violation of this Protective Order, including becoming part
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`of the public record through trial or otherwise; and (b) any information known to the Receiving
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`Party prior to the disclosure or obtained by the Receiving Party after the disclosure from a source
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`who obtained the information lawfully and under no obligation of confidentiality to the
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`Designating Party. The Parties shall meet and confer regarding the use of Protected Material at
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`trial, which may be governed by a separate agreement or order.
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`III.
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`Access to CONFIDENTIAL and OUTSIDE COUNSEL’S EYES ONLY Disclosures.
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`3.
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`A Producing Party may designate as “CONFIDENTIAL” or “OUTSIDE
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`COUNSEL’S EYES ONLY” any Disclosure being furnished to any Party in connection with this
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`Action, including any appeal(s) therefrom or any remands thereto, in accordance with this
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`Protective Order.
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`4.
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`Subject to Paragraphs 2 and 10, no person receiving such CONFIDENTIAL or
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`OUTSIDE COUNSEL’S EYES ONLY Disclosures shall, directly or indirectly, disclose or
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`communicate in any way the contents of the Disclosure(s) to any person other than those qualified
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`pursuant to this Stipulated Protective Order.
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`5.
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`All Protected Material shall be used solely for the current Action, including any
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`appeal(s) therefrom or any remands thereto. The Parties reserve the right to, upon a showing of
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`good cause, seek a modification of this provision from the Court if a Party believes that material
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`produced in this case is relevant to evidence of patent infringement, non-infringement, invalidity
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`and/or unenforceability in another country or jurisdiction. Protected Material may not be used
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`under any circumstances for Prosecution of any patent application, for patent licensing or for any
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`other purpose, including without limitation for any research, development, commercial, marketing,
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`regulatory, or other competitive purpose. All persons receiving Protected Material are expressly
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`prohibited from using or disclosing such information in connection with any practice before or
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`communication with the United States Patent and Trademark Office, the United States Food and
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`Drug Administration, the United States Pharmacopoeia, or their counterpart organizations in any
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`foreign jurisdiction. Nothing in this Protective Order shall restrict any Party’s counsel from
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`rendering advice to its clients with respect to this Action that is generally informed by Protected
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`Material, provided, however, that in rendering such advice, counsel shall not disclose any other
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`Party’s Protected Material other than in a manner provided for in this Order.
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`6.
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`Unless otherwise directed by the Court or authorized in writing by the Producing
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`Party, all CONFIDENTIAL Disclosures may be disclosed by the Receiving Party only to the
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`following Qualified Persons:
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`(a)
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`the Court, its officers, and any members of its staff to whom it is necessary
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`to disclose CONFIDENTIAL information contained in CONFIDENTIAL
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`Disclosures for the purpose of assisting the Court in this Action, and
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`stenographic employees, court reporters and typists for the sole purpose of
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`recording or transcribing testimony, documents, or information relating to
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`this Action;
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`(b)
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`the Parties’ Outside Counsel of record in this Action and the paralegals,
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`assistants and other employees of the respective law firms of Outside
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`Counsel of record in this Action to the extent such persons’ duties and
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`responsibilities require access to CONFIDENTIAL Disclosures and
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`provided that such Outside Counsel has no current involvement and will not
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`have involvement in any of the following activities: (1) Prosecution of any
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`domestic or foreign patent or patent application claiming priority to the
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`Patents-in-Suit or any related domestic or foreign patents or patent
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`applications, or any other domestic or foreign patent or patent application
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`relating to aflibercept and/or covering any aflibercept subject matter
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`disclosed
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`in a Patent-in-Suit;
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`(2) competitive decision making
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`responsibilities for the sales and marketing of aflibercept; and (3)
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`competitive decision making
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`responsibilities
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`for
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`research and/or
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`development and/or manufacturing of any aflibercept subject matter
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`disclosed in a Patent-in-Suit; or (4) responsibility for petitioning the Food
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`and Drug Administration (“FDA”), the United States Pharmacopoeia, or
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`any similar foreign or domestic agency concerning aflibercept or any
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`aflibercept subject matter disclosed in a Patent-in-Suit. This Order imposes
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`such a Bar effective upon its entry by this Court and shall end one (1) year
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`after final termination of this Action.
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`(c)
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`litigation support consultants (including translators, e-discovery, trial
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`graphics, jury focus group consultants, mock jurors), outside copying
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`services, and temporary/contract attorneys retained by Outside Counsel in
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`this Action identified in Paragraph 6(b) with whom such Outside Counsel
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`work in connection with this Action to the extent such persons have
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`expressly agreed to maintain the confidentiality of their work and the
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`CONFIDENTIAL Disclosures they receive, and provided that such
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`personnel are not engaged in the research, development, manufacture,
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`registration, or sale of pharmaceutical products that may be related to the
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`subject matter of the Patents-in-Suit;
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`(d)
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`prior authors or recipients of the CONFIDENTIAL Disclosure;
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`(e)
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`qualified persons
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`taking
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`testimony
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`involving such documents or
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`information and necessary stenographic and clerical personnel thereof;
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`(f)
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`witnesses designated pursuant to Fed. R. Civ. P. 30(b)(6) may be shown
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`CONFIDENTIAL Disclosures designated as CONFIDENTIAL by the
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`(g)
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`(h)
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`Party for which they are testifying;
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`others to whom the Producing Party consents;
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`Experts of the Receiving Party to whom disclosure is reasonably necessary
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`for this litigation, and who have signed a Written Assurance (attached as
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`Exhibit A), and to whom the opposing party does not object within five (5)
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`business days of receiving written notice to Outside Counsel of the
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`Producing Party of an
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`intent by
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`the opposing party
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`to share
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`CONFIDENTIAL Disclosures with that Expert. Written notice under this
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`sub-paragraph shall include the name and address of the person to whom
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`disclosure is to be made, a current resume or curriculum vitae, a copy of the
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`signed Written Assurance (Exhibit A), and a list of cases in which he or she
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`has testified as an expert at trial or deposition within the last four (4) years.
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`Any such objection must be set forth in writing and detail the grounds on
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`which such objection is based and be made in good faith. A Party that
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`receives a timely written objection must promptly meet and confer with the
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`objecting Party in person or through telephonic means to attempt to resolve
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`the matter. If the Parties are unable to reach agreement regarding such
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`disclosure, the objecting Party may apply to the Court for a protective order
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`or other appropriate relief no later than ten (10) days (as calculated by
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`Federal Rule of Civil Procedure 6) of the original written notice, and no
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`disclosure of CONFIDENTIAL information may be made to the Expert
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`unless and until the Motion is resolved in favor of the Receiving Party or
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`the objection is withdrawn. New written notice does not need to be provided
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`for Experts already identified and not objected to pursuant to the Parties’
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`January 2022 Confidentiality Agreement, although such Experts must sign
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`a Written Assurance and provide it the adverse Party before a Party makes
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`further CONFIDENTIAL Disclosures to such Experts;
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`(i)
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`for each Party, up to three Designated In-house Counsel, who, because of
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`their duties and responsibilities, require access to CONFIDENTIAL
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`Disclosures, provided such Designated In-house Counsel have no current
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`involvement and will not have involvement in any of the following
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`activities: (1) Prosecution of any domestic or foreign patent or patent
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`application claiming priority to the Patents-in-Suit or any related domestic
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`or foreign patents or patent applications, or any other domestic or foreign
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`patent or patent application relating to aflibercept and/or covering any
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`aflibercept subject matter disclosed in a Patent-in-Suit; (2) competitive
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`decision making responsibilities for the sales and marketing of aflibercept
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`or other drugs used for ophthalmic indications; (3) competitive decision
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`making responsibilities for the research and/or development and/or
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`manufacturing of aflibercept or any other drugs used for ophthalmic
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`indications; or (4) responsibility for petitioning the Food and Drug
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`Administration (“FDA”), the United States Pharmacopoeia, or any similar
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`foreign or domestic agency concerning aflibercept or any aflibercept subject
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`matter disclosed in a Patent-in-Suit. This Order imposes such a Bar effective
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`upon its entry by this Court and shall end one (1) year after final termination
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`of this Action. Designated In-house Counsel are to be designated according
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`to the following procedure: During the pendency of this Action, a Party that
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`seeks to designate a Designated In-house Counsel or designate a
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`replacement Designated In-house Counsel with a new designee, must first
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`make a written request by execution of the acknowledgment in the form
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`attached as Exhibit B to the other Party that, among other things, (1) sets
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`forth the full name of the Designated In-house Counsel, (2) identifies the
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`Designated In-house Counsel’s current employer, job title and job
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`description, and (3) affirms that the Designated In-house Counsel is not
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`involved in any of the prohibited activities set forth in this Paragraph. A
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`Party that makes a request to designate or replace a Designated In-house
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`Counsel and provides an executed and completed Exhibit B to the other
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`Party’s Outside Counsel may disclose CONFIDENTIAL information to the
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`newly Designated In-house Counsel after ten (10) days of delivering the
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`executed Exhibit B (as calculated by Federal Rule of Civil Procedure 6),
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`unless within that ten (10) day period, the Party receives a written objection
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`from the objecting Party. Any such objection must set forth in detail the
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`grounds on which such objection is based and be made in good faith. A
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`Party that receives a timely written objection must meet and confer with the
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`objecting Party in person or through telephonic means to attempt to resolve
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`the matter. Following the meet and confer, the objecting Party may apply to
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`the Court for a protective order or other appropriate relief no later than
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`fifteen (15) days (as calculated by Federal Rule of Civil Procedure 6) after
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`receipt of the executed acknowledgment in the form attached as Exhibit B;
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`and
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`(j)
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`any paralegal, secretarial and clerical employee of each Party who works
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`regularly with and reports directly or indirectly to a Designated In-house
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`Counsel.
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`7.
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`Unless otherwise directed by the Court or authorized in writing by the Producing
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`Party, all OUTSIDE COUNSEL’S EYES ONLY Disclosures may be disclosed by the Receiving
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`Party only to the Qualified Persons identified in Subparagraphs (a)-(h) of Paragraph 6, save that
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`in each instance in which those Subparagraphs refer to CONFIDENTIAL Disclosures, those
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`Subparagraphs shall be construed, solely for purposes of this Paragraph 7, as referring to
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`OUTSIDE COUNSEL’S EYES ONLY Disclosures.
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`8.
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`It is expressly understood that the number or identity of such Qualified Persons, as
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`described in Paragraph 6, may be modified by unanimous agreement of the Parties to the Action
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`and any Third Party(ies) that have produced Disclosures in the Action without leave of Court, or
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`upon a showing, subject to the approval of the Court, by any Party or Third Party that such
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`modification is necessary.
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`9.
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`Nothing in this Order shall bar or otherwise restrict any attorney from rendering
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`advice to a Party-client or, in the course thereof, relying upon his or her knowledge of Protected
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`Material; provided, however, that in rendering such advice, the attorney shall not disclose any
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`Protected Material information other than in a manner provided for in this Order.
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`10.
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`Nothing contained in this Order shall preclude a Party from using its own Protected
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`Material in any manner.
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`IV.
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`Designation of Disclosures.
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`11.
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`All Disclosures to be produced in tangible form that the Producing Party wishes to
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`designate as CONFIDENTIAL or OUTSIDE COUNSEL’S EYES ONLY must, prior to
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`production to the Receiving Party, be labeled on each page by the Producing Party with the legend
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`CONFIDENTIAL or OUTSIDE COUNSEL’S EYES ONLY (or similar legend), respectively.
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`Anything that cannot be so marked on its face shall be marked by placing the appropriate legend
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`on a container or package in which the thing is produced or on a tag attached thereto. Each page
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`of each document produced in discovery shall, to the extent practicable, bear a prefix identifying
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`the Producing Party and a unique identifying number. Likewise, each discrete unit of each tangible
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`item produced in discovery shall, to the extent practicable, also bear a prefix identifying the
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`Producing Party and a unique identifying number.
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`12.
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`Any Disclosure provided for inspection in this Action is to be treated as “OUTSIDE
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`COUNSEL’S EYES ONLY” pending the copying and delivery of any copies of the same by the
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`Producing Party to the Receiving Party. After copies are delivered to the Receiving Party, the
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`information in such documents or things will be treated consistent with any legend produced on
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`each document or thing. If no copies of Disclosures are requested in connection with an inspection,
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`or if the Receiving Party memorializes the Disclosures during the inspection in some other fashion
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`(e.g., notes, photographs, drawings), the Disclosures shall be treated as “OUTSIDE COUNSEL’S
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`EYES ONLY” for seven (7) calendar days following the inspection, by which time the Producing
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`Party must provide a written notice designating the Disclosures in the inspection as
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`CONFIDENTIAL or OUTSIDE COUNSEL’S EYES ONLY, as appropriate. Inspection of
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`documents or things by any party shall be conducted by Outside Counsel and/or Experts.
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`

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`13.
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`After the Protective Order is entered by the Court, a copy of the Protective Order
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`shall be served along with any Third-Party subpoena or other request for Disclosure to a Third
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`Party served or sent in connection with this Action. For a period of fourteen (14) days from the
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`date of the production of any Disclosures in response to a Third-Party subpoena or request or after
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`the receipt of a final transcript of a deposition pursuant to such subpoena or request, the Documents
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`and testimony shall be treated as OUTSIDE COUNSEL’S EYES ONLY. During that 14-day
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`period, the Disclosing Party may designate such Documents and testimony as CONFIDENTIAL
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`or OUTSIDE COUNSEL’S EYES ONLY, as appropriate.
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`14.
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`Testimony from any depositions or portions of any depositions taken in this Action
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`may be designated as CONFIDENTIAL or OUTSIDE COUNSEL’S EYES ONLY.
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`Confidentiality designations for depositions shall be made either on the record or by written notice
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`to the other Party within 10 days of receipt of the final transcript. Unless otherwise agreed,
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`depositions shall be treated as OUTSIDE COUNSEL’S EYES ONLY during the 10-day period
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`following receipt of the transcript. A deponent may review the transcript of his or her deposition
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`at any time. The deposition of any witness (or any portion of such deposition) that involves the
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`disclosure of Protected Material shall be taken only in the presence of persons who are qualified
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`to have access to such Protected Material pursuant to this Order. Persons other than the witness,
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`the court reporter, the persons qualified to have access to such Protected Material information
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`pursuant to this Order, and counsel for the witness (if a Third Party witness) must not be present
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`during any portion of a deposition that involves the disclosure of Protected Material. The failure
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`of individuals other than those specified in the previous sentence to leave the deposition room
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`during any portion of the deposition which inquires into matters deemed CONFIDENTIAL or
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`OUTSIDE COUNSEL’S EYES ONLY by the Designating Party shall constitute justification for
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`counsel to instruct the witness that he or she shall not answer the question(s) posed. However, the
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`Parties (and/or Third Party, if applicable) will work to structure depositions in a way that
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`minimizes disruption due to the use of any Protected Material that would require certain
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`individuals to leave the deposition room as noted above.
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`15.
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`This Order shall not prevent counsel from examining a witness in a good-faith effort
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`to determine whether he or she authored, received, or previously had access to or knowledge of
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`CONFIDENTIAL or OUTSIDE COUNSEL’S EYES ONLY information.
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`V.
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`Inadvertent Production/Use of CONFIDENTIAL or OUTSIDE COUNSEL’S EYES
`ONLY Information and Changes in Designation.
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`16.
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`Inadvertent production of any Disclosure without a designation as
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`CONFIDENTIAL or OUTSIDE COUNSEL’S EYES ONLY will not be deemed to waive a later
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`claim as to its confidentiality or stop the Producing Party from designating said Disclosure as
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`CONFIDENTIAL or OUTSIDE COUNSEL’S EYES ONLY at a later date. If a Producing Party
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`inadvertently does not provide a Designation to a Disclosure, or inadvertently misdesignates or
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`mislabels a Disclosure, the Producing Party may inform the Receiving Party of the correct
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`designation, and the Receiving Party shall treat the information in accordance with the correct
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`designation. Promptly following such notice, the Producing Party shall provide properly
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`designated documents or tangible items, if applicable. Upon receipt of such notice, the Receiving
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`Party shall (i) take reasonable steps to notify any persons known to have possession of any material
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`with the original designation of the effect of such a change in designation under this Order, (ii)
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`promptly retrieve all copies and transcriptions of such originally designated material from any
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`persons known to have possession of any such originally designated material who are not Qualified
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`Persons under Paragraph 6 above to the extent practicable, and (iii) substitute properly designated
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`copies for those previously received.
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`

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`17.
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`Should any material labeled as CONFIDENTIAL or OUTSIDE COUNSEL’S
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`EYES ONLY information be disclosed by a Receiving Party to any person not authorized to have
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`access to such information under this Order, the Receiving Party shall:
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`(a)
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`use its best efforts to obtain the prompt return of any such Protected Material
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`and to bind such person to the terms of this Order;
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`(b)
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`within three (3) business days of the discovery of such disclosure, inform
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`such person of the provisions of this Order and identify such person to the
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`Producing Party; and
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`(c)
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`request such person to sign a Written Assurance in the form of Exhibit A
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`attached hereto. If executed, the Written Assurance shall be served upon
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`counsel of record for the Producing Party within three (3) business days of
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`its receipt by the Receiving Party.
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`This Paragraph shall not prevent the Producing Party from applying to the Court for further relief.
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`VI.
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`Use of CONFIDENTIAL or OUTSIDE COUNSEL’S EYES ONLY Information in
`Filings.
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`18.
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`If the CONFIDENTIAL or OUTSIDE COUNSEL’S EYES ONLY information of
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`a Producing Party is to be filed with this Court in connection with any proceeding in this Action,
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`it shall be filed under seal in accordance with the provisions of Northern District of West Virginia
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`Local Rule 26.05(b) or such other Order as may be made by the Court. All such documents so
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`filed shall be released from confidential treatment only upon further order of the Court.
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`VII. Challenging Des