Case 1:18-cv-00924-CFC-SRF Document 251 Filed 06/12/19 Page 1 of 31 PageID #:
`18270
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`GENENTECH, INC. and CITY OF HOPE,
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`Plaintiffs,
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`V.
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`AMGEN INC.,
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`Defendant.
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`C.A. No.: 18-924-CFC
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`FIRST AMENDED STIPULATED PROTECTIVE ORDER
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`WHEREAS, Plaintiffs Genentech, Inc. ("Genentech") and City of Hope and Defendant
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`Amgen Inc. ("Amgen") expect discovery requests made in this action (the "Litigation") to
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`encompass certain information which may constitute trade secrets and/or other confidential
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`research, development, or commercial information within the meaning of Federal Rule of Civil
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`Procedure 26(c)(l)(G) for which special protection from public disclosure and from use for any
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`purpose other than in this Litigation is warranted, the Parties, by and through their respective
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`Outside Counsel, HEREBY STIPULATE to the entry of this First Amended Protective Order
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`regarding discovery in this Litigation.
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`DEFINITIONS
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`1.
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`"Affiliate" means any Third Party that directly or indirectly through one or more
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`intermediaries, controls, or is controlled by, or is under common control with, a Party to this
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`Litigation.
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`2.
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`"CONFIDENTIAL" means information that constitutes, contains, reveals, or
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`reflects trade secrets or other confidential research, development, business, or commercial
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`information within the meaning of Fed. R. Civ. P. 26(c)(l)(G), including but not limited to:
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`scientific and technical information; product information; financial, budgeting and/or accounting
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`information; information about existing and potential customers; marketing and other business
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`strategies, decisions, or negotiations; and personnel compensation, evaluations, and other
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`employment information; information received from a Third Party pursuant to a confidentiality,
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`non-disclosure or similar agreement; and includes such confidential and proprietary information
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`about a Third Party, including parents, subsidiaries, and/or other Affiliates. Confidential
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`information also includes Protected Health Information, which means any information that a party
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`believes in good faith to be subject to the Health Insurance Portability and Accountability Act and
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`the regulations thereunder, 45 CFR Part 160 and Subparts A and E of Part 164. Protected Health
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`Information includes, but is not limited to, health information, including demographic
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`information, relating to either, (a) the past, present or future physical or mental condition of an
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`individual, (b) the provision of care to an individual, or ( c) the payment for care provided to an
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`individual, which identifies the individual or which reasonably could be expected to identify the
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`individual. Provisions of this Protective Order relating to CONFIDENTIAL information shall be
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`understood to encompass any information derived from, as well as testimony and oral
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`conversation related to, CONFIDENTIAL information, and all copies, excerpts, and summaries
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`thereof.
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`3.
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`"CONFIDENTIAL Discovery Material" means Discovery Material a Producing
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`Party designates as CONFIDENTIAL pursuant to the terms of this Protective Order, as well as
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`information provided by a Party pursuant to 42 U.S.C. § 262(/)(1) and 42 U.S.C. § 262(/)(2).
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`4.
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`"Designated Inside Counsel" means an Inside Counsel who is designated during
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`this Litigation pursuant to Paragraph 28(b) of this Protective Order.
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`5.
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`"Discovery Material" means all documents, testimony, pleadings, exhibits, and all
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`other material or information produced or disclosed in this Litigation, including responses to
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`requests for production of documents and/or things, answers to interrogatories, responses to
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`requests for admissions, documents and things made available for inspection, deposition
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`testimony, expert testimony and reports, and all other discovery taken pursuant to the Federal
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`Rules of Civil Procedure, including Third Party discovery pursuant to Fed. R. Civ. P. 45, matters in
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`evidence and any other information hereafter furnished, directly or indirectly, by or on behalf of
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`any Party, Third Party, or witness in connection with this Litigation. This Protective Order and
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`protections herein shall apply to all Discovery Material.
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`6.
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`"Expert" means a person with specialized knowledge or experience in a matter
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`pertinent to this Litigation who has been retained by a Party or its Inside or Outside Counsel to
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`serve as an expert witness or as a consultant in this Litigation who, at the time of retention, is not an
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`officer, director, or employee ofa Party or an Affiliate and is not anticipated to become an officer,
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`director, or employee of a Party or an Affiliate. Nothing in this Protective Order purports to alter
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`in any way the requirements for offering testimony under Fed. R. Evid. 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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`7.
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`"Inside Counsel" means any United States attorney who works in the legal
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`department of a Party and who is admitted to practice in the United States.
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`8.
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`"Outside Counsel" means any attorney from a law firm that has at least one
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`attorney who has made a formal appearance as counsel of record for a Party in this Litigation and
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`who is not an employee ofa Party or of an Affiliate as of the date of entry of this Order.
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`9.
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`"Party'' means a party to this Litigation.
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`I 0.
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`"Producing Party'' means any Party or any Third Party who produces or otherwise
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`discloses, whether through formal or informal means, Discovery Material in this Litigation.
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`11.
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`"Professional Vendor(s)" means persons or entities that provide litigation support
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`services ( e.g., photocopying, audio or video recording, translating, preparing exhibits or
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`demonstrations, and organizing, storing, or retrieving data in any form or medium; jury consulting,
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`mock trial coordination) and their employees and subcontractors.
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`12.
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`"Prosecution" means directly, indirectly, or otherwise participating in (a) the
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`drafting of, amending of, or advising on any patent or patent application anywhere in the
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`world, including the drafting of, amending of, advising on, or otherwise affecting the scope
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`or maintenance of patent claims, and (b) the amendment or addition of claims in any
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`proceeding (e.g., an inter part es review proceeding, post-grant review proceeding,
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`reexamination, reissue, covered business method review proceeding, or any similar
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`proceeding.)
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`13.
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`"Prosecution Bar Patent or Application" means any patent or application (a) to
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`which any of the patents-in-suit in this Litigation assert priority, or which asserts priority to any of
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`the patents-in-suit, or which asserts priority to an application or patent to which any of the
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`patents-in-suit assert priority; (b) is a foreign counterpart of any patent or application defined in (a)
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`of this Paragraph; (c) that concerns in whole or in part trastuzumab, including without limitation
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`developing, making, purifying, manufacturing, formulating, using or administering any product,
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`formulation or composition that contains trastuzumab, including without limitation methods of
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`treating any disease or medical condition; or (d) that concerns in whole or in part subject matter
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`related to the patents identified on Genentech's list under 42 U.S.C. § 262{/){3)(A), including
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`without limitation as supplemented pursuant to 42 U.S.C. § 262(/)(7).
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`14.
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`15.
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`"Protective Order" means this Stipulated Protective Order.
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`"Receiving Party" means any Party that receives information produced or
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`otherwise disclosed by any Producing Party.
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`16.
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`"Related Litigation" means any additional litigation or adversarial proceeding
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`( including without limitation reexaminations, inter part es reexaminations, reissues, covered
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`business method review proceedings, inter partes review proceedings, and post grant review
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`proceedings, in the United States or any similar proceedings in any foreign country), including any
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`appeals, between any of the Parties that involves the infringement, validity or enforceability of the
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`patents-in-suit or a Prosecution Bar Patent or Application.
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`17.
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`"Third Party'' means a person or entity that is not a Party.
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`DESIGNATION
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`18.
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`Any Producing Party may designate Discovery Material as CONFIDENTIAL in
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`accordance with this Protective Order if such Party in good faith believes that such Discovery
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`Material contains CONFIDENTIAL information as defined above.
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`19.
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`Discovery Material may, as appropriate, be marked by the Producing Party with the
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`legend "CONFIDENTIAL" in conjunction with the identity of the Producing Party, or another
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`suitable legend, and the Producing Party must use reasonable efforts to ensure that such legend
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`appears on each page of each document or file as the format permits. In the case of computer
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`media, the designation shall be placed on the medium and its label and/or cover. In the case of files
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`produced in native format, the designation shall be included in the accompanying metadata and/or
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`in the file's name.
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`20.
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`Information revealed by inspection of things and premises under Fed. R. Civ. P. 34
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`shall be treated as though it were designated CONFIDENTIAL provided that prior to, or at any
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`time up to, thirty days (as calculated by Fed. R. Civ. P. 6) after the inspection, the Party permitting
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`inspection specifically identifies in writing which of the Discovery Material that will be or that was
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`disclosed by the inspection is to be designated as CONFIDENTIAL. There will be no waiver of
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`confidentiality, or any privilege or immunity, by the inspection of Discovery Material before it is
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`copied and marked pursuant to this Order. Inspection of Discovery Material by any Party shall be
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`conducted by persons eligible under Paragraph 28.
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`21.
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`Documents and things produced or made available for inspection may be subject to
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`redaction, in good faith by the Producing Party, of information that is (a) subject to the
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`attorney-client privilege, to work-product immunity, or any other applicable privilege or
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`immunity; (b) protected data, including (i) individually identifiable health information, (ii)
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`information from any jurisdiction outside the United States that pertains to a specific individual
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`that can be linked to that individual and that reveals race, ethnic origin, sexual orientation, political
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`opinions, religious or philosophical beliefs, trade union or political party membership or that
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`concerns an individual's health, and (iii) sensitive proprietary information concerning antibodies
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`or small molecules not relevant/responsive to the issues in this Litigation that the Producing Party
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`claims requires protections under the terms of this Order; or (c) information in a license agreement
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`or settlement agreement concerning U.S. Patent Nos. 6,331,415 or 7,923,221 that would tend to
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`identify the counterparty to such agreement. For avoidance of doubt, no information may be
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`redacted or withheld on relevance grounds if it directly relates to the patents-in-suit, trastuzumab,
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`or any trastuzumab biosimilar product. Each such redaction, regardless of size, shall be clearly
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`labeled "Redacted - Privileged," "Redacted - Protected Data" as appropriate. This Paragraph
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`shall not be construed as a waiver of any Party's right to seek disclosure of redacted information.
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`22.
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`Information of a Producing Party revealed during a deposition upon oral or written
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`examination under Fed. R. Civ. P. 30 shall be treated as CONFIDENTIAL by a Receiving Party
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`during and following the deposition, and for thirty days (as calculated by Fed. R. Civ. P. 6)
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`following receipt of the final transcript by Outside Counsel for the Producing Party, but not
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`thereafter unless, before the thirty day period has expired, Outside Counsel or Inside Counsel for
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`the Producing Party notifies Outside Counsel or Designated Inside Counsel for the Receiving
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`Party in writing that the Discovery Material set forth in the transcript is CONFIDENTIAL.
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`Counsel for any Party or Third Party also may designate the transcript or portions thereof to be
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`CONFIDENTIAL Discovery Material during the deposition. The appropriate legend described in
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`Paragraph 19 shall be placed on the front of any deposition transcript ( and, if recorded, any copies
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`of the recording) containing CONFIDENTIAL Discovery Material.
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`23.
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`Any court filing that contains, describes, or discusses CONFIDENTIAL Discovery
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`Material shall be filed under seal pursuant to the requirements of District of Delaware Local Rule
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`5.1.3, the Court's CM/ECF Procedures, and any other applicable rules or procedures. The filing
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`Party must include on the cover page of the brief or other filing a descriptive legend in the
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`following
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`format: "CONTAINS PLAINTIFFS' CONFIDENTIAL INFORMATION" or
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`"CONTAINS DEFENDANT'S CONFIDENTIAL
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`INFORMATION" or "CONTAINS
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`PLAINTIFFS' AND DEFENDANT'S CONFIDENTIAL INFORMATION" or another suitable
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`legend. The sealed material shall not be opened or released from the custody of the Clerk of Court
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`except by order of the Court. Outside Counsel for the Party filing papers containing, describing, or
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`discussing CONFIDENTIAL Discovery Material shall be responsible for providing appropriately
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`redacted copies of the filed document to the Court in accordance with any local rules or
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`procedures. If the filing contains the CONFIDENTIAL Discovery Material of the Party who did
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`not file the document, within four ( 4) days from the date of a filing made under seal, Outside
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`Counsel for the filing Party or filing Third Party shall deliver to Outside Counsel for the non-filing
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`Party or Third Party a proposed public version of the filing that was made under seal, and this
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`proposed public version shall include redactions of CONFIDENTIAL or Discovery Material.
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`Within three (3) days after receipt of the proposed public version, Outside Counsel for the
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`non-filing Party shall provide any additional redactions it believes appropriate. Redacted versions
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`of papers filed under seal may be made publicly available provided that (a) all CONFIDENTIAL
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`Discovery Material is redacted; and (b) such redacted versions are clearly marked "Public
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`Version," and clearly identify each place where information or exhibits have been redacted or
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`deleted. A Party shall not disclose another Party's CONFIDENTIAL Discovery Material in a
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`public hearing or at trial absent either (a) advance notice to the other Party to enable the Party to
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`seek appropriate relief from the Court in the form of an order sealing the courtroom or otherwise;
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`or (b) an order of the Court.
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`USE
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`24.
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`CONFIDENTIAL Discovery Material produced by a Party or Third Party may be
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`used by a Receiving Party only for purposes of this Litigation or future United States patent
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`infringement litigation between the Parties arising from Amgen's filing of Biologics License
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`Application for ABP 980. CONFIDENTIAL Discovery Material shall not be used for any other
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`purpose including, but not limited to, any other lawsuit; Prosecution; any dispute resolution
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`proceeding unrelated to this Litigation; any petitioning, counseling, or litigation; or for any other
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`business, proprietary, commercial, governmental, or regulatory purpose, domestic or foreign.
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`Nothing in this Protective Order precludes a Producing Party from using or disseminating its own
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`Discovery Material, including CONFIDENTIAL Discovery Material, for purposes other than this
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`Litigation.
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`25.
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`During the deposition or trial testimony of any fact witness, such witness may be
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`shown, testify concerning, or be examined concerning CONFIDENTIAL Discovery Material only
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`if:
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`(a)
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`(b)
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`the witness is a current employee ofthe Producing Party;
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`the witness authored the CONFIDENTIAL Discovery Material or the
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`witness received the CONFIDENTIAL Discovery Material in the ordinary
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`course of business and outside the context of this Litigation; or
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`(c)
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`the witness is a former director, officer, agent and/or employee of a
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`Producing Party and the examining Party reasonably believes the witness
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`had access to the CONFIDENTIAL Discovery Material in the course of his
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`or her employment and outside the context of this litigation.
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`26.
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`At the deposition of any corporate representative designated pursuant to Fed. R.
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`Civ. P. 30(b)(6) to testify on behalf of a Party on a particular topic or subject area, such witness
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`may be shown CONFIDENTIAL Discovery Material that is within that particular topic or subject
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`area if the Producing Party is the party being deposed pursuant to Fed. R. Civ. P. 30(b)(6).
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`27.
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`Third Parties may designate as CONFIDENTIAL deposition transcripts of their
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`witnesses and any Discovery Material they produce, whether voluntarily or by subpoena, to the
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`same extent and in the same manner as Parties and any such CONFIDENTIAL Discovery Material
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`shall be treated by the Parties in the same manner as the CONFIDENTIAL Discovery Material
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`produced by a Party. Third Parties shall have the same rights and obligations under this Protective
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`Order as Parties and may move the Court to enforce the provisions of this Protective Order.
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`DISCLOSURE OF CONFIDENTIAL DISCOVERY MATERIAL
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`28.
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`Unless otherwise directed by the Court or authorized in writing by the Producing
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`Party, CONFIDENTIAL Discovery Material may be disclosed by a Receiving Party only to the
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`following persons:
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`(a)
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`Outside Counsel for Genentech, Inc. or City of Hope in the above-captioned
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`case:
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`1.
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`ii.
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`m.
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`iv.
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`Wilmer Cutler Pickering Hale and Dorr LLP
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`Mccarter & English, LLP
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`Durie Tangri LLP
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`Williams & Connolly LLP
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`Outside Counsel for Amgen Inc. in the above-captioned case:
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`i.
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`ii.
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`Cooley LLP
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`Smith Katzenstein & Jenkins LLP
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`provided such Outside Counsel has no current responsibility or involvement and
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`will not have any responsibility or involvement for the duration of this Litigation
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`for or in any of the following activities: (i) the Prosecution of any patent or patent
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`application claiming priority based on the patents in suit, or any other application
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`relating to trastuzumab or any proposed biosimilar to Herceptin®, or any
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`technology involved in the manufacturing or processing of Herceptin® or any
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`proposed biosimilar to Herceptin®; (ii) the preparation of regulatory submissions
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`to the FDA relating to trastuzumab or any trastuzumab product, except where such
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`activities relate solely to preparation of submissions in connection with obtaining
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`or maintaining the Receiving Party's own regulatory approval; and ( iii) any
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`marketing, financial, pricing, or other business competitive decision-making
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`relating to trastuzumab (not including decision-making as an attorney related to this
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`Litigation, which includes deciding whether to launch a product before the
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`conclusion of this Litigation). The restriction described in this Paragraph is
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`personal to the attorney receiving the CONFIDENTIAL Discovery Material
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`information shall begin when access to CONFIDENTIAL information is first
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`received by the affected individual and shall end eighteen ( 18) months after final
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`termination of this Litigation and all appeals.
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`(b)
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`Up to six Designated Inside Counsel for Plaintiffs collectively, and up to six
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`Designated Inside Counsel for Defendant, who, because of their duties and
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`responsibilities, require access to CONFIDENTIAL Discovery Material,
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`provided that they have no current involvement and will not have
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`involvement for the duration of this Litigation in any of the following
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`activities: (i) the Prosecution of any patent or patent application claiming
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`priority based on the patents in suit or any other application relating to
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`trastuzumab or any proposed biosimilar to Herceptin®, or any technology
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`involved in the manufacturing or processing ofHerceptin® or any proposed
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`biosimilar to Herceptin®; (ii) the preparation ofregulatory submissions to
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`the FDA relating to trastuzumab or any trastuzumab product, including but
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`not limited to the preparation or submission of any FDA correspondence
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`(e.g., Citizen Petitions), or any similar correspondence in any foreign
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`country, regarding approval requirements for trastuzumab products, except
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`where such FDA activities relate solely to preparation of submissions in
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`connection with obtaining or maintaining the Receiving Party's own
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`regulatory approval; and (iii) any marketing, financial, pricing, or other
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`business competitive decision-making relating
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`to
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`trastuzumab (not
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`including decision-making as an attorney related to this Litigation, which
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`includes deciding whether to launch a product before the conclusion of this
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`Litigation). For the avoidance of doubt, nothing in the preceding shall
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`prohibit Amgen Designated Inside Counsel who receive access to
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`CONFIDENTIAL information from engaging in FDA-related activities in
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`support of its BLA. A Designated Inside Counsel's role as supervisor of an
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`attorney or patent agent engaged in Prosecution as defined herein shall not,
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`in itself, constitute evidence that the Designated Inside Counsel is engaged
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`in Prosecution. The restrictions described in this Paragraph shall begin
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`when access to CONFIDENTIAL information is first received by the
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`affected individual and shall end the earlier of(i) eighteen (18) months after
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`Final Disposition of this Litigation and all appeals or (ii) eighteen ( 18)
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`months after a Designated Inside Counsel withdraws from representing a
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`Party in this Litigation and the Party that the Designated Inside Counsel
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`represents removes him or her from its list of Designated Inside Counsel.
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`Plaintiffs identify the following
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`individuals who will serve as
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`Designated Inside Counsel (subject to substitution): Laura Storto,
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`Rebecca Grant, Mary Riley, Andrew Le, and up to two additional
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`individuals to be designated at a later time. Defendant will identify
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`individuals who will serve as Designated Inside Counsel at a later time.
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`(c)
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`Support personnel for attorneys listed in Paragraph 28(a), such as discovery
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`specialists (including attorneys who act as discovery specialists), law
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`clerks, paralegals, secretaries, IT personnel, and clerical staff, assisting with
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`this Litigation under the supervision of an attorney described in Paragraph
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`28(a).
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`(d)
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`Support personnel for attorneys listed in Paragraph 28(b), such as
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`discovery specialists (including attorneys who act as discovery specialists),
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`law clerks, paralegals, secretaries, IT personnel, and clerical staff, assisting
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`with this Litigation under the supervision of an attorney described in
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`Paragraph 28(b ).
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`(e)
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`Analysts and scientific advisors regularly employed by Outside Counsel so
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`long as they are subject to the same restrictions set forth in Paragraph 28(a).
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`(t)
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`Contract attorneys retained by a Party's Outside Counsel or Designated
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`Inside Counsel for the sole purpose of assisting with document review in
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`this Litigation so long as they are subject to the same restrictions set forth in
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`Paragraph 28(a).
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`(g)
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`Any Expert or consultant who is retained through written agreement by any
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`Outside Counsel or Designated Inside Counsel to assist in this Litigation,
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`including any associates or analysts working under the supervision of the
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`Expert, with disclosure only to the extent necessary to perform such work.
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`(h)
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`Support personnel for Experts listed in Paragraph 28(g), such as secretaries
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`and clerical staff, assisting with this Litigation under the supervision of an
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`Expert described in Paragraph 28(g).
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`(i)
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`Any interpreter, court reporter, or other shorthand reporter or typist who is
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`not employed by a Party and who is translating, recording, or transcribing
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`documents or testimony in connection with this Litigation, and any
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`videographer who is not employed by a Party and who is recording a
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`deposition in connection with this Litigation.
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`(j)
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`Professional Vendors, as defined in Paragraph 11.
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`(k)
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`Personnel of the Court and all appropriate courts of appellate jurisdiction.
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`(1)
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`Any other person requested by a Receiving Party and agreed to by the
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`Producing Party in writing pursuant to Paragraph 30.
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`29.
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`CONFIDENTIAL Discovery Material shall not be disclosed to persons described
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`in Paragraphs 28(e), (f), or (g), (h), jury consultants under (j), or (1), unless and until such person
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`has executed an acknowledgement in the form attached as Exhibit A. Either Outside Counsel or
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`Designated Inside Counsel must maintain a copy of the executed Exhibit A for each individual
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`falling under the foregoing categories during the Litigation and for a period of one year thereafter.
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`30.
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`As a condition precedent to disclosure of any CONFIDENTIAL Discovery
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`Material to an individual described in Paragraphs 28(g) or (1) at least five (5) days (as calculated
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`by Fed. R. Civ. P. 6) before the disclosure of the CONFIDENTIAL Discovery Material is made,
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`Outside Counsel for the Receiving Party shall serve a Notice on the other Party identifying such
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`individual by name and including a curriculum vitae ("CV") or equivalent resume disclosing the
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`individual's employment history, past or present relationship with any of the Parties and Affiliates,
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`all cases in which the individual has testified in a deposition or a trial in the past five (5) years, and
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`an executed acknowledgement from the individual to whom the disclosure is to be made in the
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`form of Exhibit A attached hereto. ,The parties agree to provide extensions to this time period
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`when necessary to accommodate holidays, conflicting deadlines, or for other good reason. If a
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`Producing Party objects to the proposed disclosure to such individual, the Parties shall promptly
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`confer in good faith to resolve the concerns giving rise to the objection. If the Parties are unable to
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`reach agreement regarding such disclosure, the objecting Party must apply to the Court for a
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`protective order no later than ten (10) days (as calculated by Fed. R. Civ. P. 6) after receipt of the
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`executed acknowledgement in the form attached as Exhibit A and the CV or resume. The burden
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`shall be on the objecting Party to demonstrate to the Court why such individual should not be
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`permitted to receive CONFIDENTIAL Discovery Material under the Protective Order.
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`CONFIDENTIAL Discovery Material shall not be disclosed to such individual pending the
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`Court's resolution of the dispute. The foregoing ten-day periods may be extended or shortened by
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`agreement of the Parties or by Order of the Court.
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`31.
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`CONFIDENTIAL Discovery Material shall not be disclosed to persons described
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`in Paragraph 28(b) unless and until such person has executed an acknowledgement in the form
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`attached as Exhibit B. Either Outside Counsel or Designated Inside Counsel must maintain a copy
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`of the executed Exhibit B for each individual falling under Paragraph 28(b) during the Litigation
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`and for a period of one year thereafter. During the pendency of this Litigation, a Party that seeks to
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`designate a Designated Inside Counsel, or designate a replacement Designated Inside Counsel
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`with a new designee ( as provided herein), must first provide notice to the other Party by service of
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`the acknowledgement in the form attached as Exhibit B completed and signed by the proposed
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`Designated Inside Counsel. A Party that designates a Designated Inside Counsel or replaces a
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`Designated Inside Counsel and provides the information specified in the preceding sentence may
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`disclose CONFIDENTIAL information to the newly identified Designated Inside Counsel unless,
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`within five days of delivering the notice (as calculated by Fed. R. Civ. P. 6), the Party receives a
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`MEI 30624954v.1
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`written objection from the objecting Party. Any such objection must set forth in detail the grounds
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`on which such objection is based. A Party that receives a timely written objection must meet and
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`confer with the objecting Party to try to resolve the matter by agreement. If the Parties are unable
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`to reach agreement regarding such designation, the objecting Party must apply to the Court for a
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`protective order no later than ten days (as calculated by Fed. R. Civ. P. 6) after receipt of the
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`executed acknowledgement in the form attached as Exhibit B. CONFIDENTIAL Discovery
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`Material shall not be disclosed to such Designated Inside Counsel or replacement Designated
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`Inside Counsel pending the Court's resolution of the dispute. The foregoing five-day and ten-day
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`periods may be extended or shortened by agreement of the Parties or by Order of the Court.
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`32.
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`The recipient of any CONFIDENTIAL Discovery Material that is provided under
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`this Protective Order (including any copies or excerpts made thereof) shall maintain such
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`information (including any summaries, analyses, or other derivative materials disclosing or
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`reflecting the content of that information) in a secure and safe area and shall exercise reasonable
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`and proper care with respect to the storage, custody, use, and/or dissemination of such information.
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`The recipient of CONFIDENTIAL Discovery Material in electronic form shall maintain such
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`CONFIDENTIAL Discovery Material (including any summaries, analyses, or other derivative
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`materials disclosing or reflecting the content of that material) on a secure, password-protected
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`computer, drive, or server such that access to CONFIDENTIAL Discovery Material is restricted
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`only to persons authorized under Paragraph 28.
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`EXEMPTED MATERIALS AND OBJECTION TO DESIGNATIONS
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`33.
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`Any Receiving Party may object to the designation by the Producing Party of any
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`Discovery Material as CONFIDENTIAL at any time. The process for making an objection to the
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`designation of Discovery Material as CONFIDENTIAL and for resolving the dispute shall be as
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`follows:
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`(a)
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`Outside Counsel or Designated Inside Counsel for a Receiving Party shall
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`notify Outside Counsel for the Producing Party in writing as to its
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`objection(s) to the designations. This notice shall include, at a minimum, a
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`specific identification of the designated CONFIDENTIAL Discovery
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`Material as well as the reasons for the objection.
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`(b) Within 10 days (as calculated by Fed. R. Civ. P. 6) of such notice, Outside
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`Counsel or Designated Inside Counsel for the Parties shall confer either in
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`person or by telephone in a good-faith effort to resolve the dispute.
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`( c)
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`If agreement is not reached, a Receiving Party may apply to the Court for a
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`ruling that the Disc