Case 1:24-cv-00053-TSK Document 17-4 Filed 06/12/24 Page 1 of 5 PageID #: 2678
`Case 1:24-cv-00053-TSK Document17-4 Filed 06/12/24 Page 1of5 PagelD #: 2678
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`EXHIBIT 2
`EXHIBIT 2
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`Case 1:24-cv-00053-TSK Document17-4 Filed 06/12/24 Page 1of5 PagelD #: 2678
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`EXHIBIT 2
`EXHIBIT 2
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`Case 1:24-cv-00053-TSK Document 17-4 Filed 06/12/24 Page 2 of 5 PageID #: 2679
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`IN THE UNITED STATES DISTRICT COURT FOR
`THE NORTHERN DISTRICT OF WEST VIRGINIA
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`MDL No.: 1:24-md-3103-TSK
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`IN RE: AFLIBERCEPT PATENT LITIGATION
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`This Document Relates to All Cases
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`[JOINT PROPOSED] ORDER REQUIRING SERVING REDACTED VERSIONS OF
`SEALED FILINGS AND CONFIDENTIAL DISCOVERY MATERIALS
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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 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 the Parties have designated and will designate as confidential under the
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`protective orders entered in each case various discovery materials including written discovery
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`responses, expert reports, and deposition transcripts;
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`Whereas public, nonconfidential versions of all filings should be filed in the public record
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`with redactions necessary to protect confidential information;
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`Whereas the Parties have a need for a procedure under which all Parties will have access
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`to redacted non-confidential versions of all filings and certain discovery materials;
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`1
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`Case 1:24-cv-00053-TSK Document 17-4 Filed 06/12/24 Page 3 of 5 PageID #: 2680
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`Whereas the Parties have jointly proposed procedures for the timely and orderly sharing
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`of information that may be relevant to various member cases, while maintaining the Parties’
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`confidential information and avoiding improper sharing of each Defendant’s confidential
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`information with other Defendants who are business competitors;
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`Now, therefore, for good cause shown, the Court GRANTS the Motion for an Order
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`Requiring Filing of Redacted Copies of Sealed Filings, and ORDERS as follows:
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`1. Non-Public Service Copies of Future Sealed Filings, Written Discovery, Expert
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`Reports, and Deposition Transcripts: Any Party who files a document with the Court
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`under seal, or serves written discovery, responses thereto, or an expert report or
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`declaration on opposing counsel, shall serve (but not file) on all other Parties within
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`seven (7) calendar days of such service or filing, a redacted copy that does not include
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`any Defendant’s confidential information. Such redacted copy shall be clearly marked
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`“REDACTED VERSION – CONTAINS PLAINTIFF CONFIDENTIAL
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`INFORMATION” as appropriate. Further, any Party who takes a deposition in this MDL
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`that is not solely related to issues of infringement, shall serve (but not file) on all other
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`Parties to this MDL within ten (10) business days of receipt of the court reporter’s
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`official transcript before submission of any potential errata, a redacted copy of the
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`transcript that does not include any Defendant’s confidential information. Such redacted
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`copy shall be clearly marked “REDACTED VERSION – CONTAINS [PARTY]
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`CONFIDENTIAL INFORMATION” as appropriate.
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`2. Public Versions of Future Court Filings: Any Party who files a document with the
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`Court under seal shall file on the public record within seven (7) calendar days of such
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`Case 1:24-cv-00053-TSK Document 17-4 Filed 06/12/24 Page 4 of 5 PageID #: 2681
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`filing, a redacted copy that does not include any Party’s confidential information. Such
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`redacted copy shall be clearly marked “PUBLIC VERSION”.
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`3. Public Versions of Sealed Court Orders: If the Court enters a sealed order,
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`memorandum opinion, or any other sealed document (each, a “Sealed Court Order”) in
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`any member case to this MDL, the affected Parties shall coordinate to jointly file, on the
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`public record, a copy of the Sealed Court Order with all confidential information redacted
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`within three (3) business days of issuance of the Sealed Court Order. Such redacted copy
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`shall be clearly marked “PUBLIC VERSION”.
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`4. Non-Public Service Copies of Sealed Court Orders: Regeneron shall serve (but not
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`file) on each Party to this MDL within three (3) business days of issuance of a Sealed
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`Court Order, a redacted copy of the Sealed Court Order that does not include any
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`Defendant’s confidential information. Regeneron’s confidential information shall not be
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`redacted in these non-public service copies. Such redacted copy shall be clearly marked
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`“REDACTED VERSION – CONTAINS PLAINTIFF CONFIDENTIAL
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`INFORMATION” as appropriate.
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`5. Non-Public Service Copies of Past Sealed Filings: Any Party to this MDL that filed a
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`document under seal in any member case prior to the issuance of this Order shall serve
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`(but not file) on all other parties to this MDL within ten (10) business days of the entry of
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`this Order, a redacted copy that does not include any Defendant’s confidential
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`information. Regeneron’s confidential information shall not be redacted in these non-
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`public service copies. Such redacted copy shall be clearly marked “REDACTED
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`VERSION – CONTAINS PLAINTIFF CONFIDENTIAL INFORMATION” as
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`appropriate.
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`3
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`Case 1:24-cv-00053-TSK Document 17-4 Filed 06/12/24 Page 5 of 5 PageID #: 2682
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`6. Non-Public Service Copies of Past Written Discovery, Expert Reports and
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`Deposition Transcripts: Any Party to this MDL that served written discovery, responses
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`thereto, or an expert report or declaration on opposing counsel, or took a deposition not
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`solely related to issues of infringement, in any member case prior to the issuance of this
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`Order shall serve (but not file) on all other Parties to this MDL within fifteen (15)
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`business days of the entry of this Order, a redacted copy of the written discovery or
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`deposition transcript that does not include any Defendant’s confidential information.
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`Regeneron’s confidential information shall not be redacted in these non-public service
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`copies. Such redacted copy shall be clearly marked “REDACTED VERSION –
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`CONTAINS PLAINTIFF CONFIDENTIAL INFORMATION” as appropriate.
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`7. 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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`8. 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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`4
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