Case 1:24-cv-00053-TSK Document 17-8 Filed 06/12/24 Page 1 of 5 PageID #: 2708
`Case 1:24-cv-00053-TSK Document17-8 Filed 06/12/24 Page 1of5 PagelD #: 2708
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`EXHIBIT 6
`EXHIBIT 6
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`Case 1:24-cv-00053-TSK Document 17-8 Filed 06/12/24 Page 2 of 5 PageID #: 2709
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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 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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`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 MDL filings;
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`Now, therefore, for good cause shown, the Court GRANTS the Motion for an Order
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`Case 1:24-cv-00053-TSK Document 17-8 Filed 06/12/24 Page 3 of 5 PageID #: 2710
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`Deleted: <#>Applicability: This Order shall apply
`prospectively to any documents filed in this MDL and in any
`member case to this MDL on or after [insert filing date of
`stipulation]. This Order shall not apply to any documents filed in
`any member case to this MDL or in in the MDL prior to this date. ¶
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`Requiring Filing and Serving of Redacted Versions of Sealed Filings, and ORDERS as follows:
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`1. Non-Public Service Copies of Future Sealed Filings: Any Party who files a document
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`in 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 – CONTAINS PLAINTIFF CONFIDENTIAL
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`INFORMATION” as appropriate.
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`2. 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)
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`calendar days of such filing, a redacted copy that does not include any Party’s
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`confidential information. Such redacted copy shall be clearly marked “PUBLIC
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`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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`this MDL or in any member case to this MDL, the affected Parties shall coordinate to
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`jointly file, on the public record, a copy of the Sealed Court Order with all confidential
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`information redacted within fourteen (14) business days of issuance of the Sealed Court
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`Deleted:
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`Order. Such redacted copy shall be clearly marked “PUBLIC VERSION.”
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`4. Non-Public Service Copies of Sealed Court Orders: Within seven (7) business days of
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`issuance of a Sealed Court Order, any Defendant asserting that such Sealed Court Order
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`contains its confidential information shall provide to Regeneron a redacted copy of such
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`Sealed Court Order that does not include its confidential information. Regeneron shall
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`then produce to each party to this MDL the redacted copy provided by Defendants,
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`Deleted: Regeneron shall serve (but not file) on each Party to
`this MDL
`Deleted: w
`Deleted: three
`Deleted: 3
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`Deleted: , a redacted copy of the Sealed Court Order that
`Deleted: any
`Deleted: Defendant’s
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`Case 1:24-cv-00053-TSK Document 17-8 Filed 06/12/24 Page 4 of 5 PageID #: 2711
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`appropriately branded under the relevant protective order to reflect the level of
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`Regeneron confidential information it contains (i.e., “REDACTED VERSION –
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`CONTAINS PLAINTIFF CONFIDENTIAL INFORMATION” or “REDACTED
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`VERSION – CONTAINS PLAINTIFF OUTSIDE COUNSEL’S EYES ONLY
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`Deleted: Regeneron’s confidential information shall not be
`redacted in these non-public service copies. Such redacted copy
`shall be clearly marked
`Deleted: as
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`INFORMATION.”
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`Deleted: appropriate.
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`5. Access to Pleadings Filed Before Entry of this Order. Within fourteen (14) calendar
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`days of the entry of this Order, each Defendant shall provide to Regeneron redacted
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`copies of all motions and supporting declarations filed under seal in each member case
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`that do not contain the relevant Defendants’ confidential information. Within seven (7)
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`calendar days of receipt, Regeneron shall then produce to each party to this MDL the
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`redacted copy provided by Defendants, appropriately branded under the relevant
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`protective order to reflect the level of Regeneron confidential information it contains (i.e.,
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`“REDACTED VERSION – CONTAINS PLAINTIFF CONFIDENTIAL
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`INFORMATION” or “REDACTED VERSION – CONTAINS PLAINTIFF OUTSIDE
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`COUNSEL’S EYES ONLY INFORMATION.”
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`6. Challenge to Redactions. On receipt of redacted copies of Sealed Court Orders pursuant
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`to Paragraph 4, any party may within two (2) business days dispute in writing the
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`confidential status of information redacted by any other party. The party that redacted
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`the challenged information shall respond in writing within two (2) business days with
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`either a version of the Sealed Court Order that does not redact the challenged
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`information, or an explanation of why the information is entitled to confidential status
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`under the relevant protective order. Within two (2) business days of such response, the
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`challenging party may present the dispute to the Court for a ruling on the matter. On
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`Case 1:24-cv-00053-TSK Document 17-8 Filed 06/12/24 Page 5 of 5 PageID #: 2712
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`receipt of redacted copies of pleadings filed before entry of this order, the parties shall
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`have the same right to challenge a redaction, but shall have ten (10) business days to do
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`so. The challenged party shall have three (3) business days to respond, and the
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`challenging party must bring the dispute to the court within three (3) business days of the
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`response. In every case, the party asserting the claim of confidentiality having the burden
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`of proof.
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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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`Deleted: <#>Defendants’ Responsibility to Provide
`Redactions: It is the responsibility of the Defendant whose
`confidential information is at issue to timely provide redactions to
`the Party that is required by this Order to file or serve a redacted
`copy that does not contain any Defendant’s confidential
`information. ¶
`Regeneron’s Confidential Information: Regeneron’s
`confidential information shall not be redacted from non-public
`service copies required by this Order, but shall be subject to the
`applicable Protective Order in each recipient Defendant’s case, or
`shall be maintained on an Outside Counsel Eyes Only (“OCEO”)
`basis by the Defendant’s counsel pending entry of a Protective
`Order. Regeneron shall designate any non-public service copies
`accordingly.
`Deleted: <#>¶
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