Case 1:18-cv-01363-CFC Document 38 Filed 11/26/18 Page 1 of 33 PageID #: 1189
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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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`SAMSUNG BIOEPIS CO., LTD,
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`Defendant.
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`) C.A. No. 18-1363-CFC
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`STIPULATED PROTECTIVE ORDER
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`WHEREAS, Plaintiffs Genentech, Inc. and City of Hope and Defendant Samsung Bioepis
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`Co., Ltd. ( collectively, "the Parties") expect discovery requests made in this civil action C.A. No.
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`18-1363-CFC ("Litigation," which includes any appeals therefrom) to encompass certain
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`information that may constitute trade secrets and/or other confidential research, development,
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`business or commercial information within the meaning of Federal Rule of Civil Procedure
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`26(c)(l)(G) for which special protection from public disclosure and from use for any purpose
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`other than as provided below is warranted;
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`WHEREAS, the Parties in their business practices have gone to great lengths to safeguard
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`and protect the confidentiality of documents and information the disclosure of which would pose
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`a substantial risk of irreparable harm to legitimate proprietary interests;
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`WHEREAS, the Parties to this action seek to establish a mechanism to protect information
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`produced by the Parties and Third Parties in this case from improper disclosure;
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`NOW THEREFORE, the Parties, by and through their respective Outside Counsel,
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`HEREBY STIPULATE to the entry ofthis Protective Order regarding discovery in this
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`Litigation.
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`DEFINITIONS
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`1. "Affiliate" means any person or entity 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. "CONFIDENTIAL" means information that constitutes, contains, reveals, or reflects.
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`trade secrets or other confidential research, development, business, legal, or commercial
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`information within the meaning offed. R. Civ. P. 26(c)(l)(G), including but not limited to:
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`scientific and technical information; financial, budgeting and/or accounting information;
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`information about existing and potential customers; marketing, legal, and other business
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`strategies, decisions, or negotiations; personnel compensation, evaluations, and other
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`employment information; and includes such confidential and proprietary information about a
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`Third Party, including parents, subsidiaries, and/or Affiliates. Confidential information also
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`includes Protected Health Information, which means any information that a party believes in
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`good faith to be subject to the Health Insurance Portability and Accountability Act and the
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`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, copied or extracted therefrom, as well as all
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`copies, excerpts, summaries, or compilations thereof and testimony, conversations, or
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`presentations related thereto.
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`3. "CONFIDENTIAL Discovery Material" means Discovery Material a Producing Party
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`designates as CONFIDENTIAL pursuant to the terms of this Protective Order.
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`4. "THIRD PARTY HIGHLY CONFIDENTIAL" means information that constitutes,
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`contains, reveals, or reflects trade secrets or other highly sensitive research, development,
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`business, or commercial information within the meaning of Fed. R. Civ. P. 26(c)(l)(G) of a
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`Third Party. Provisions of this Protective Order relating to THIRD PARTY HIGHLY
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`CONFIDENTIAL information shall be understood to encompass any information derived,
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`copied or extracted therefrom, as well as all copies, excerpts, summaries, or compilations thereof
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`and testimony, conversations, or presentations related thereto.
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`5. "THIRD PARTY HIGHLY CONFIDENTIAL Discovery Material" means Discovery
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`Material a Producing Party designates as THIRD PARTY HIGHLY CONFIDENTIAL pursuant
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`to the terms of this Protective Order.
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`6. Information designated as CONFIDENTIAL Discovery Material and information
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`designated as THIRD PARTY HIGHLY CONFIDENTIAL Discovery Material are hereinafter
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`collectively referred to as "Protected Information."
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`7.
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`"Designated Inside Counsel" means in-house attorneys that may be designated
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`during this Litigation pursuant to Paragraph 33(b) of this Protective Order.
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`8. "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
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`Federal Rules of Civil Procedure, including Third Party discovery pursuant to Rule 45,
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`matters in evidence and any other information hereafter furnished, directly or indirectly, by or
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`on behalf of any Party, Third Party, or witness in connection with this Litigation. This
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`Protective Order and protections herein shall apply to all Discovery Material.
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`9. "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
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`an officer, director, or employee of a Party or an Affiliate and is not anticipated to become an
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`officer, director, or employee of a Party or an Affiliate. Nothing in this Protective Order
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`purports to alter in any way the requirements for offering testimony under Fed. R. Evid. 703, or
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`to define the term "expert" for purposes other than those addressed in this Protective Order.
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`10. "Final Disposition" occurs after an order, mandate, or dismissal finally terminating
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`the above-captioned action with prejudice, including all appeals.
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`11. "Inside Counsel" means any attorney who is an employee of a Party or its Affiliates.
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`12. "Outside Counsel" means any attorney from a law firm that has made a formal
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`appearance as counsel of record for a Party in this Litigation and who is not an employee of a
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`Party or of an Affiliate.
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`13. "Party" means a party to this Litigation.
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`14. "Plaintiffs" means Genentech, Inc. and City of Hope, collectively.
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`15. "Defendant" means Samsung Bioepis Co., Ltd.
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`16. "SB3" means Defendant's proposed trastuzumab biosimilar product that is the subject
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`of an Abbreviated Biologics License Application.
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`17. "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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`18. "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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`demonstratives; and organizing, storing, or retrieving data in any form or medium; jury
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`consulting; courtroom presentation; and mock trial coordination) and their employees and
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`subcontractors.
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`19. "Prosecution" means participation in or contribution to drafting; revising; amending;
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`modifying; or advising regarding the drafting, revising, amending, or modifying the scope of
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`patent claims during prosecution proceedings or post-grant proceedings, including but not
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`limited to reexaminations, inter partes reexaminations, reissues, covered business method review
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`proceedings, inter partes review proceedings, and post grant review proceedings, in the United
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`States or any similar proceedings in any foreign country.
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`20. "Protective Order" means this Stipulated Protective Order.
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`21. "Receiving Party" means any Party or Third Party that receives Discovery Material
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`produced or otherwise disclosed by any Producing Party.
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`22. "Third Party" means a person or entity that is not a Party or an Affiliate of a Party.
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`DESIGNATION
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`23. Any Producing Party may designate Discovery Material as CONFIDENTIAL or
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`THIRD PARTY HIGHLY CONFIDENTIAL in accordance with this Protective Order if such
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`party in good faith believes that such Discovery Material contains CONFIDENTIAL or THIRD
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`PARTY HIGHLY CONFIDENTIAL information as defined above.
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`24. Discovery Material may, as appropriate, be marked by the Producing Party with the
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`legend "CONFIDENTIAL Discovery Material" or "THIRD PARTY HIGHLY
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`CONFIDENTIAL - ATTORNEYS' EYES ONLY Discovery Material" and the Producing Party
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`must use reasonable efforts to ensure that such legend appears on each page of each document or
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`file as the format permits.
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`25. 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 or THIRD PARTY HIGHLY
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`CONFIDENTIAL provided that, prior to or at any time up to thirty (30) calendar days after the
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`inspection, the Party permitting inspection specifically identifies in writing which of the
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`Discovery Material that will be or that was disclosed by the inspection is to be designated as
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`CONFIDENTIAL or THIRD PARTY HIGHLY 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 CONFIDENTIAL or THIRD PARTY
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`HIGHLY CONFIDENTIAL Discovery Material by any Party shall be conducted by eligible
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`persons as described below. Documents and things produced or made available for inspection
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`may be subject to redaction, in good faith by the Producing Party, of information that is neither
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`relevant to the subject matters of this Litigation nor reasonably calculated to lead to the
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`discovery of admissible evidence, or is subject to the attorney-client privilege, to work-product
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`immunity, or any other applicable privilege or immunity. For avoidance of doubt, no information
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`may be redacted or withheld on relevance grounds if it directly relates to the patents-in-suit,
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`trastuzumab, or any trastuzumab biosimilar product. Each such redaction, regardless of size,
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`shall be clearly labeled "Redacted - Non-Responsive" or "Redacted - Privileged" as appropriate.
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`The Parties further agree that non-responsive attachments to responsive parent documents need
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`not be produced and a placeholder slip-sheet endorsed "Withheld Non-Responsive" will be
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`produced to capture the relationship. This Paragraph shall not be construed as a waiver of any
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`Party's right to seek disclosure of redacted or withheld information.
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`26. Information revealed during a deposition upon oral or written examination under
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`Fed. R. Civ. P. 30 shall be treated as CONFIDENTIAL or THIRD PARTY HIGHLY
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`CONFIDENTIAL, as appropriate, for thirty (30) calendar days following receipt of the final
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`transcript by Outside Counsel for the Producing Party, but not thereafter unless, before the
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`thirty (30) calendar day period has expired, Outside Counsel or Inside Counsel for the
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`Producing Party notifies Outside Counsel or Designated Inside Counsel for the Receiving Party
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`in writing that the Discovery Material set forth in the transcript is CONFIDENTIAL or THIRD
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`PARTY HIGHLY CONFIDENTIAL. Consistent with the terms herein, counsel for any Party
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`or Third Party also may designate the transcript or portions thereof to be CONFIDENTIAL or
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`THIRD PARTY HIGHLY CONFIDENTIAL Discovery Material during the deposition. The
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`appropriate legend described in Paragraph 24 shall be placed on the front of any deposition
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`transcript (and, if recorded, on any copies of the recording) containing CONFIDENTIAL or
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`THIRD PARTY HIGHLY CONFIDENTIAL Discovery Material.
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`27. Any pleading, brief, declaration, affidavit, expert report, or other filing that contains,
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`describes, or discusses CONFIDENTIAL or THIRD PARTY HIGHLY CONFIDENTIAL
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`Discovery Material shall be filed under seal pursuant to the requirements ofD. Del. LR 5.1.3 and
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`the Court's CM/ECF procedures. The filing Party must include on the cover page of the brief or
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`other filing a descriptive legend in the following format: "CONTAINS PLAINTIFFS'
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`CONFIDENTIAL INFORMATION"; "CONTAINS DEFENDANTS' CONFIDENTIAL
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`INFORMATION"; "CONTAINS PLAINTIFFS AND DEFENDANTS' CONFIDENTIAL
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`INFORMATION"; "CONTAINS THIRD PARTY HIGHLY CONFIDENTIAL
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`INFORMATION - ATTORNEYS' EYES ONLY"; or another suitable legend. The sealed
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`material shall not be opened or released from the custody of the Clerk of Court except by order
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`of the Court. Outside Counsel for the Party filing papers containing, describing, or discussing
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`Protected Information shall be responsible for providing appropriately redacted copies of the
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`filed document to the Court in accordance with paragraph (G)(l) of the United States District
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`Court for the District of Delaware's Revised Administrative Procedures Governing Filing and
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`Service by Electronic Means dated May 25, 2017. If the filing contains the Protected
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`Information of the party who did not file the document, within four (4) calendar days from the
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`date of a filing made under seal, Outside Counsel for the filing Party or filing Third Party shall
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`deliver to Outside Counsel for the non-filing Party or Parties a proposed public version of the
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`filing that was made under seal if it contains the non-filing Party's Protected Information, and
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`this proposed public version shall include redactions of the filing Party's Protected Information
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`(if any). Within three (3) calendar days after receipt of the proposed public version, Outside
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`Counsel for the non-filing Party or Parties shall provide any additional redactions that such Party
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`or Parties believes appropriate. Redacted versions of papers filed under seal may be made
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`publicly available, provided that (a) all Protected Information, including any related underlying
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`metadata, is redacted and/or deleted 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
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`and/or deleted.
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`ACCESS AND USE
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`28. The following limitations on use shall apply to all Protected Information produced in
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`this Litigation. For the avoidance of doubt, the restrictions in this Protective Order regarding
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`participation in Prosecution, litigation, or in regulatory matters or in competitive or business
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`functions, as described in Paragraph 29, by individuals with access to Protected Information are
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`specific to the receiving individuals, and shall not apply to other individuals ("Non-Receiving
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`Individuals") within the same firm or company as the receiving individuals, so long as the Non(cid:173)
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`Receiving Individuals do not directly or indirectly access, receive, or otherwise obtain Protected
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`Information. Notwithstanding the preceding sentence, Non-Receiving Individuals who access
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`Protected Information sol~ly in one of the ways described in Paragraph 40 shall not be subject to
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`the restrictions in this Protective Order by reason of such access alone.
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`29. All Protected Information produced by a Party or Third Party may be used by the
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`Receiving Party only for purposes of this Litigation, and not for any other purpose whatsoever,
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`including without limitation any other litigation (including any other litigation that may be
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`consolidated or coordinated with this Litigation), any patent prosecution, patent or application
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`licensing or acquisition, including the preparation thereof and strategy related thereto; patent
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`reexamination or reissue proceedings; any unrelated dispute resolution proceeding; any
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`petitioning, counseling, litigation, or other work involving the United States Food and Drug
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`Administration ("FDA"), including any Citizen Petition; any competitive purpose or function; or
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`for any other business, proprietary, commercial, governmental or regulatory purpose, domestic
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`or foreign. For example, Protected Information may not be used in connection with searching
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`for or evaluating for any purpose, including relating to possible infringement, licensing, and/or
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`acquisition, any patent(s) or patent application(s) partially or wholly licensed or owned by an
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`Affiliate, Third Party, or Third Parties. Protected Information shall not be distributed, disclosed,
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`or made available to anyone except as expressly permitted by this Protective Order. Nothing in
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`this Protective Order precludes a Producing Party from using or disseminating its own Discovery
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`Material, including Protected Information, for purposes other than this Litigation.
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`30. At the deposition of any fact witness, such witness may be shown Protected
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`Information of a Producing Party if the witness is a current employee of the Producing Party or it
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`is established from other documents or testimony that the witness authored, sent or has
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`previously received the Protected Information; has been communicated the Protected
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`Information; has prior knowledge of the Protected Information; or it is reasonably believed that
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`the witness has had access to the Protected Information in the past.
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`31. In addition to the provisions of Paragraph 30, at the deposition of any corporate
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`representative designated pursuant to Fed. R Civ. P. 30(b )( 6) to testify on behalf of a Party on a
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`particular topic or subject area, such witness may be shown Protected Information that is within
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`that particular topic or subject area if the Producing Party is the Party being deposed pursuant to
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`Fed. R. Civ. P. 30(b)(6).
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`32. Consistent with the terms herein, Third Parties may designate as CONFIDENTIAL or
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`THIRD PARTY HIGHLY CONFIDENTIAL deposition transcripts of their witnesses and any
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`Discovery Material they produce, whether voluntarily or by subpoena, to the same extent and in
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`the same manner as Parties and any such Protected Information shall be treated by the Parties in
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`the same manner as the Protected Information produced by a Party. Third Parties shall have the
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`same rights and obligations under this Protective Order as Parties and may move the Court to
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`enforce the provisions of this Protective Order.
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`DISCLOSURE OF PROTECTED INFORMATION
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`33. 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 the Receiving Party only to the
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`following persons:
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`(a)
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`The Receiving Party's Outside Counsel, provided such Outside Counsel has no
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`current responsibility or involvement and will not have any responsibility or involvement for the
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`duration of this Litigation for or in any of the following activities: (i) the Prosecution of any
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`patent or patent 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 technology involved in
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`the manufacturing or processing of Herceptin® or any proposed biosimilar to Herceptin®; (ii)
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`the preparation of regulatory submissions to the FDA relating to trastuzumab or any trastuzumab
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`product, except where such activities relate solely to preparation of submissions in connection
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`with obtaining 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 relating to
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`trastuzumab (not 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 Litigation). The
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`restriction described in this Paragraph shall begin when access to CONFIDENTIAL information
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`is first received by the affected individual and shall end one (1) year after final termination of
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`this Litigation.
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`(b)
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`The four (4) Designated Inside Counsel per side named below:
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`i.
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`For Plaintiffs: Laura Storto, Mary Riley, Rebecca Grant, and Andrew Le for
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`Genentech, Inc.;
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`n.
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`For Defendant Samsung Bioepis Co., Ltd.: Sunghun Son, Inseon Oh, Soyeon
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`Seo, and one additional person to be designated by the Defendant;
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`who, because of their duties and responsibilities, require access to CONFIDENTIAL Discovery
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`Material, provided that they have no current involvement and will not have involvement for the
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`duration of this Litigation in any of the following activities: (i) the Prosecution of any patent or
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`patent application claiming priority based on the patents in suit or any other application relating
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`to trastuzumab or any proposed biosimilar to Herceptin®, or any technology involved in the
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`manufacturing or processing of Herceptin® or any proposed biosimilar to Herceptin®; (ii) the
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`preparation of regulatory submissions to the FDA relating to trastuzumab or any trastuzumab
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`product, including but 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 country, regarding
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`approval requirements for trastuzumab products, except where such FDA activities or
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`corresponding activities in other foreign countries relate solely to preparation of submissions in
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`connection with obtaining or maintaining the Receiving Party's own regulatory approval; and
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`(iii) any marketing, financial, pricing, or other business competitive decision-making relating to
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`trastuzumab (not 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 Litigation). For the
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`avoidance of doubt, nothing in the preceding shall prohibit Defendant's Inside Counsel who
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`receive access to CONFIDENTIAL information from engaging in FDA-related activities in
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`support of SB3, and/or corresponding activities in other foreign countries. A Designated Inside
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`Counsel's role as supervisor of an attorney or patent agent engaged in Prosecution as defined
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`herein shall not, in itself, constitute evidence that the Designated Inside Counsel is engaged in
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`Prosecution. The restrictions described in this Paragraph shall begin when access to
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`CONFIDENTIAL information is first received by the affected individual and shall end the
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`earlier of (i) eighteen ( 18) months after Final Disposition of this Litigation or (ii) one (I) year
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`after a Designated Inside Counsel withdraws from representing a Party in this Litigation and the
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`Party that the Designated Inside Counsel represents removes him or her from its list of
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`Designated Inside Counsel.
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`(c)
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`Support personnel for attorneys listed in Paragraph 33(a), such as law clerks,
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`paralegals, secretaries, and clerical staff, assisting with this Litigation under the supervision of an
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`attorney described in Paragraphs 33(a).
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`(d)
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`Support personnel for attorneys listed in Paragraph 33(b), such as law clerks,
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`paralegals, secretaries, and clerical staff, assisting with this Litigation under the supervision of an
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`attorney described in Paragraphs 33(b ).
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`( e)
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`Analysts, scientific advisors, and patent agents regularly employed by Outside
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`Counsel so long as they are subject to the same restrictions as Outside Counsel set forth in
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`Paragraph 33(a).
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`(t)
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`Contract attorneys retained by a Party's Outside Counsel or Designated Inside
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`Counsel for the sole purpose of assisting with document review in this Litigation and who shall
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`be subject to the same restrictions as Outside Counsel as set forth in Paragraph 33(a).
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`(g)
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`Any Expert who is expressly retained by any Outside Counsel or Designated
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`Inside Counsel to assist in this Litigation, including any associates or analysts working under the
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`supervision of the 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 33(g), such as secretaries and
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`clerical staff, assisting with this Litigation under the supervision of an Expert described in
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`Paragraph 33(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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`translating, recording, or transcribing documents or testimony in connection with this Litigation.
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`(j)
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`Professional Vendors, as defined in Paragraph 18.
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`(k)
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`Personnel of the Court and all appropriate courts of appellate jurisdiction.
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`34. Unless otherwise directed by the Court or authorized in writing by the Producing
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`Party, THIRD PARTY HIGHLY CONFIDENTIAL Discovery Material may be disclosed by the
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`Receiving Party only to the persons described in subsections (a), (c), and (e)-(k) of Paragraph 33.
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`35. Protected Information shall not be disclosed to persons described in Paragraphs 33(e),
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`33(g) or jury consultants under Paragraph 33(j), unless and until such person has executed an
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`acknowledgement in the form attached as Exhibit A. Either Outside Counsel or Designated
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`Inside Counsel must maintain a copy of the executed Exhibit A for each individual falling under
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`Paragraphs 33(e), 33(g), and each jury consultant under Paragraph 33(j) during the Litigation and
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`for a period of one year thereafter.
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`36. As a condition precedent to disclosure by a Receiving Party of any Protected
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`Information of a Producing Party to an individual described above in Paragraph 33(g), at least five
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`( 5) business days before the disclosure of the Protected Information is made, Outside Counsel for
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`the Receiving Party shall serve a Notice on the Producing Party identifying such individual by
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`name and including a curriculum vitae ("CV") or equivalent resume disclosing the individual's
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`employment history; past or present relationship with any of the Parties and Affiliates; all cases in
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`which the individual has testified in a deposition or a trial in the past five (5) years; and an executed
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`acknowledgment from the individual to whom the disclosure is to be made, in the form of Exhibit
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`A attached hereto.
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`(a) Within five (5) business days after the receipt of the executed acknowledgement
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`in the form attached as Exhibit A and the CV or resume of the individual, the Producing Party or
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`Parties may object in writing to disclosure of Protected Information to the individual for good
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`cause. In the absence of an objection at the end of the five (5) business day period, the
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`individual shall be deemed approved under this Protective Order. There shall be no disclosure of
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`Protected Information to the individual prior to expiration of this five (5) business day period,
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`unless the Producing Party or Parties confirm in writing that they have no objection to any such
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`disclosure prior to expiration of the five (5) business day period. If the Producing Party or
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`Parties object to disclosure of Protected Information to the individual within such five (5)
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`business day period, the Parties shall meet and confer via telephone or in person within seven (7)
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`calendar days following the objection and attempt in good faith to resolve the dispute. If the
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`dispute is not resolved, the Producing Party or Parties objecting to the disclosure will have seven
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`(7) calendar days from the date of the meet and confer to seek relief from the Court. 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 Protected Information under the Protective Order. If relief is not sought
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`from the Court within that time, the objection shall be deemed withdrawn. Protected Information
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`shall not be disclosed to such individual pending the Court's resolution of the dispute, or before
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`the objection is deemed withdrawn. The foregoing seven (7) calendar day and five (5) business
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`day periods may be extended or shortened by agreement of the Parties or by Order of the Court.
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`3 7. CONFIDENTIAL Discovery Material shall not be disclosed to any person described
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`in Paragraph 33(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
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`copy of the executed Exhibit B for each individual falling under Paragraph 33(b) during the
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`Litigation and for a period of one year thereafter. During the pendency of this Litigation, a Party
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`that seeks to either designate a Designated Inside Counsel, or designate a replacement
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`Designated Inside Counsel with a new designee, must first make a written request to the other
`
`Party or Parties accompanied by service of the acknowledgement in the form attached as Exhibit
`
`B completed and signed by the proposed new or replacement Designated Inside Counsel. A
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`Party that makes a request to replace a Designated Inside Counsel and provides the information
`
`specified in the preceding sentence may disclose CONFIDENTIAL Discovery Material to the
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`newly identified Designated Inside Counsel unless, within five ( 5) business days of delivering
`
`the request, the Party receives a written objection from the objecting Party or Parties. Any such
`
`objection must set forth in detail the grounds on which such objection is based. A Party that
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`receives a timely written objection must meet and confer either in person or by telephone with
`
`the objecting Party or Parties within seven (7) calendar days following the objection and attempt
`
`in good faith to resolve the dispute. If the dispute is not resolved, the objecting Party or Parties
`
`will have seven (7) calendar days from the date of the meet and confer to seek relief from the
`
`Court. The burden shall be on the objecting Party to demonstrate to the Court why such
`
`individual should not be permitted to be designated as new or replacement Designated Inside
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`Counsel. If relief is not sought from the Court within that time, the objection shall be deemed
`
`withdrawn. Protected Information shall not be disclosed to such individual pending the Court's
`
`resolution of the dispute, or before the objection is deemed withdrawn. The foregoing five (5)
`
`business day and seven (7) calendar day periods may be extended or shortened by agreement of
`
`the Parties or by Order of the Court.
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`38. The recipient of any Protected Information that is provided under this Protective
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`Order (including any copies or excerpts made thereof) shall maintain such information (including
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`Case 1:18-cv-01363-CFC Document 38 Filed 11/26/18 Page 17 of 33 PageID #: 1205
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`any summaries,