Case 1:24-cv-00053-TSK Document 18-1 Filed 06/26/24 Page 1 of 5 PageID #: 2721
`Case 1:24-cv-00053-TSK Document 18-1 Filed 06/26/24 Page 1of5 PagelD #: 2721
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`EXHIBIT 1
`EXHIBIT 1
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`Case 1:24-cv-00053-TSK Document 18-1 Filed 06/26/24 Page 1of5 PagelD #: 2721
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`EXHIBIT 1
`EXHIBIT 1
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`Case 1:24-cv-00053-TSK Document 18-1 Filed 06/26/24 Page 2 of 5 PageID #: 2722
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`IN THE UNITED STATES DISTRICT COURT FOR
`THE NORTHERN DISTRICT OF WEST VIRGINIA
`CLARKSBURG DIVISION
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`IN RE: AFLIBERCEPT PATENT LITIGATION
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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 18-1 Filed 06/26/24 Page 3 of 5 PageID #: 2723
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`Whereas the Defendants Parties have a need for a procedure under which all Parties will
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`have 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 as
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`modified by Regeneron, and ORDERS as follows:
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`1. Applicability: This Paragraphs 2-6 of this Order shall apply to any documents filed in
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`this MDL and in any member case to this MDL on or after June 11, 2024. This
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`Paragraphs 2-6 of this Order shall not apply to any documents filed in any member case
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`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” or “REDACTED VERSION – CONTAINS PLAINTIFF OUTSIDE
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`COUNSEL 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,
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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, on or after June 11, 2024, the affected
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`Parties shall coordinate to jointly file, on the public record, a copy of the Sealed Court
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`Case 1:24-cv-00053-TSK Document 18-1 Filed 06/26/24 Page 4 of 5 PageID #: 2724
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`Order with all confidential information redacted within fourteen (14) business days of
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`issuance of the Sealed Court Order. Such redacted copy shall be clearly marked “PUBLIC
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`VERSION.”
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`5. 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 seven (73) business calendar days of
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`issuance of a Sealed Court Order, a redacted copy of the Sealed Court Order that does
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`not include any Defendant’s confidential information. Regeneron’s confidential
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`information shall not be redacted in these non-public service copies. Such redacted
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`copy shall be clearly marked “REDACTED VERSION – CONTAINS PLAINTIFF
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`CONFIDENTIAL INFORMATION” as appropriate.
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`6. Defendants’ Responsibility to Provide Redactions: It is the responsibility of Tthe
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`Defendant Party whose confidential information is at issue to shall timely provide
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`(within three (3) business days of a request) redactions to the Party that is required by
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`this Order to file or serve a redacted copy that does not contain any Defendant’s the
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`first Party’s confidential information.
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`7. Regeneron’s Confidential Information: Regeneron’s confidential information shall
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`not be redacted from non-public service copies required by this Order, but shall be
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`subject to the applicable Protective Order in each recipient Defendant’s case, or shall
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`be maintained on an Outside Counsel Eyes Only (“OCEO”) basis by the Defendant’s
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`counsel pending entry of a Protective Order. Regeneron shall designate any non-public
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`service copies accordingly.
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`8. Access to Pleadings and Deposition Transcripts from Injunction Proceedings Filed
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`Before Entry of this Order: Within fourteen (14) calendar days of the entry of this
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`Order, each Defendant shall provide to Regeneron copies of all documents filed under
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`Case 1:24-cv-00053-TSK Document 18-1 Filed 06/26/24 Page 5 of 5 PageID #: 2725
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`seal and all deposition transcripts in each member case that have been redacted to
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`remove the relevant Defendant’s confidential information. Within seven (7) calendar
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`days of receipt, Regeneron shall then produce to each Party to this MDL the redacted
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`copies provided by Defendants, appropriately branded under the relevant protective
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`order to reflect the level of Regeneron confidential information they contain (i.e.,
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`“REDACTED VERSION
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`– CONTAINS
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`PLAINTIFF CONFIDENTIAL
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`INFORMATION” or “REDACTED VERSION – CONTAINS PLAINTIFF OUTSIDE
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`COUNSEL’S EYES ONLY INFORMATION.”). Within seven (7) calendar days of
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`Regeneron’s production, Regeneron shall add redactions to each document to remove
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`any of Regeneron’s confidential information and facilitate public docketing of these
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`non-confidential versions. The requirements of Paragraph 7 are limited to documents
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`filed and depositions taken in connection with injunctive proceedings.
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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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