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`IN RE: AFLIBERCEPT PATENT LITIGATION
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`IN THE UNITED STATES DISTRICT COURT FOR
`THE NORTHERN DISTRICT OF WEST VIRGINIA
`CLARKSBURG DIVISION
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`MDL No. 1:24-md-03103-TSK
`Hon. Thomas S. Kleeh
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`THIS DOCUMENT RELATES TO:
`ALL CASES
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`ORDER REQUIRING FILING AND SERVING OF REDACTED VERSIONS OF
`SEALED FILINGS
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`Whereas the Judicial Panel on Multi-District Litigation has consolidated actions brought
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`by Plaintiff Regeneron Pharmaceuticals, Inc. (“Plaintiff”) against Defendants Mylan
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`Pharmaceuticals Inc. and Biocon Biologics Inc., Samsung Bioepis Co., Ltd., Celltrion, Inc.,
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`Formycon AG, and Amgen Inc. (collectively, including any defendant to a case that is added to
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`this Multi-District Litigation (“MDL”) in the future, the “Defendants”) (Plaintiff and Defendants
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`together, the “Parties”) pursuant to its order dated April 11, 2024 (ECF No. 1);
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`Whereas protective orders governing confidential information of the Parties either have
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`been entered or will be entered in each of the actions that is part of this MDL;
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`Whereas the Parties have made and expect to make numerous filings under seal including
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`materials related to preliminary injunction motions, summary judgment motions, and trial, which
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`contain confidential information of one or more Parties;
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`Whereas public, nonconfidential versions of filings should be filed in the public record
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`with redactions necessary to protect confidential information;
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`Case 1:24-cv-00053-TSK Document 17-2 Filed 06/12/24 Page 2 of 3 PageID #: 2674
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`Whereas the Defendants have a need for a procedure under which all Parties will have
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`access to redacted non-confidential versions of all MDL filings;
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`Now, therefore, for good cause shown, the Court GRANTS Defendant Amgen Inc.’s
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`Expedited Motion Requiring Filing and Serving of Redacted Versions of Sealed Filings, and
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`ORDERS as follows:
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`1. Applicability: This Order shall apply to any documents filed in this MDL and in any
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`member case to this MDL on or after June 11, 2024. This Order shall not apply to any
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`documents filed in any member case to this MDL or in the MDL prior to this date.
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`2. Non-Public Service Copies of Future Sealed Filings: Any Party who files a document in
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`this MDL with the Court under seal shall serve (but not file) on all other Parties within
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`seven (7) calendar days of such filing, a redacted copy that does not include any
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`Defendant’s confidential information. Such redacted copy shall be clearly marked
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`“REDACTED VERSION
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`–
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`CONTAINS
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`PLAINTIFF
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`CONFIDENTIAL
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`INFORMATION” as appropriate.
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`3. Public Versions of Future MDL Court Filings: Any Party who files a document in this
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`MDL with the Court under seal shall file on the public record within fourteen (14) calendar
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`days of such filing, a redacted copy that does not include any Party’s confidential
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`information. Such redacted copy shall be clearly marked “PUBLIC VERSION.”
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`4. Public Versions of Sealed Court Orders: If the Court enters a sealed order, memorandum
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`opinion, or any other sealed document (each, a “Sealed Court Order”) in this MDL or in
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`any member case to this MDL, on or after June 11, 2024, the affected Parties shall
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`coordinate to jointly file, on the public record, a copy of the Sealed Court Order with all
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`Case 1:24-cv-00053-TSK Document 17-2 Filed 06/12/24 Page 3 of 3 PageID #: 2675
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`confidential information redacted within fourteen (14) business days of issuance of the
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`Sealed Court Order. Such redacted copy shall be clearly marked “PUBLIC VERSION.”
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`5. Non-Public Service Copies of Sealed Court Orders: Regeneron shall serve (but not file)
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`on each Party to this MDL within three (3) business days of issuance of a Sealed Court
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`Order, a redacted copy of the Sealed Court Order that does not include any Defendant’s
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`confidential information. Regeneron’s confidential information shall not be redacted in
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`these non-public service copies. Such redacted copy shall be clearly marked “REDACTED
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`VERSION – CONTAINS PLAINTIFF CONFIDENTIAL
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`INFORMATION” as
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`appropriate.
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`6. Defendants’ Responsibility to Provide Redactions: It is the responsibility of the
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`Defendant whose confidential information is at issue to timely provide redactions to the
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`Party that is required by this Order to file or serve a redacted copy that does not contain
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`any Defendant’s confidential information.
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`7. Regeneron’s Confidential Information: Regeneron’s confidential information shall not
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`be redacted from non-public service copies required by this Order, but shall be subject to
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`the applicable Protective Order in each recipient Defendant’s case, or shall be maintained
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`on an Outside Counsel Eyes Only (“OCEO”) basis by the Defendant’s counsel pending
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`entry of a Protective Order. Regeneron shall designate any non-public service copies
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`accordingly.
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`It is so ORDERED.
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`Dated: _____________________
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`____________________________________
`HONORABLE THOMAS S. KLEEH
`CHIEF UNITED STATES DISTRICT JUDGE
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`3
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