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KING PHARMACEUTICALS. INC. v. BARR LABORATORIES

April 30, 2004.

KING PHARMACEUTICALS. INC., JENCAP RESEARCH LTD., Plaintiffs. V. BARR LABORATORIES. INC., Defendant


The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

PROTECTIVE ORDER

WHEREAS the plaintiffs to this action. King Pharmaceuticals, Inc. ("King") and Jencap Research. LTD., ("Jencap") (collectively "Plaintiffs") and the defendant Burr Laboratories, Inc. ("Defendant") possess confidential information which may he disclosed in providing initial disclosures, responding to discovery requests or otherwise in this action and which must be protected in order to preserve the legitimate business interests of the parties. and

WHEREAS Plaintiffs and Defendant have, through counsel stipulated to the entry of this Protective Order to prevent unnecessary dissemination or disclosure of such confidential information, and

  WHEREAS the parties have established good cause for entry of this Order.

  IT IS HEREBY ORDERED that: 1. Definitions

  (a) The term "Confidential Information" includes all information that the designating party believes constitutes, discloses, or relates to trade secrets, processes, operations. research, technical or developmental information, or apparatus, production, marketing, sales, shipments or other proprietary data or information of commercial value to such party (other than information described in Paragraph 1(c)).

  (b) Confidential Information may include, without limitation, documents produced in this action, during formal discovery or otherwise: answers to interrogatories and responses to requests for admission or other discovery requests: deposition, hearing, or trial transcripts; and tangible things or objects that are designated as containing or comprising Confidential Information. The information contained therein and all copies, abstracts, excerpts. analyses or other writings that contain, reflect, reveal, suggest or otherwise disclose such information shall also be deemed Confidential Information. Information originally designated as Confidential Information shall not retain that status after any ruling by the Court denying such status to it.

  (c) The term "Highly Confidential Information" includes, and shall be limited to information not otherwise publicly available that the designating party believes constitutes, discloses, or relates to information regarding (f) trade secrets or pending patent applications, (ii) scientific research and development information including, but not limited to, any New Drug Application or Abbreviated New Drug Application or other information received from or submitted to the Food and Drug Administration: (iii) financial data, sales, costs, margins, profitability and expenses with respect to any product or process: (iv) past, present and future market or business plans or strategies for existing or new products or processes, including, but the limited to competitive analysis, marketing strategies, and proprietary marketing tools; (v) past, present or future financial information or plans; (vi) customer and supplier information: and Civil Corporate organizational structure.

  (d) Highly Confidential Information may include, without limitation, documents produced in this action, during formal discovery or otherwise; answers to mien-oratories and responses to requests for admission or other discovery requests; deposition, hearing or trial transcripts: and tangible things or objects that are designated as containing or comprising Highly Confidential Information. The information contained therein and all copies, abstracts, excerpts, analyses or other writings that contain, reflect. reveal. suggest or otherwise disclose such information shall also be deemed Highly Confidential Information. Information originally designated as Highly Confidential Information shall not retain that status after any ruling by the Court denying such status to it.

  (e) The term "designating party" means the party designating documents or information as Confidential Information or Highly Confidential information under this Order.

  (f) The term "receiving party" shall mean the party to whom Confidential Information or Highly Confidential Information is disclosed.

  (g) Notwithstanding anything to the contrary herein, the description of Confidential information or Highly Confidential Information shall apply to all that information so designated by the designating party absent an order of the Court or subsequent written agreement of the designating party providing otherwise.

 
Designation of Confidential information or Highly Confidential information
  2. Each designating party who produces or discloses any material that it believes contains or comprises Confidential Information shall designate the same by marking "CONFIDENTIAL" on am document containing the Confidential Information. Each designating party who produces or discloses any material that it believes contains or comprises Highly Confidential Information shall designate the same by marking "HIGHLY CONFIDENTIAL" on any document containing the Highly Confidential Information. When documents or things are produced for inspection, the documents or things may be collectively designated as containing Confidential Information or Highly Confidential Information for purposes of the inspection, by letter or otherwise, without marking each document or thing "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL", and such documents or things will be treated as Confidential Information or Highly Confidential Information under this Order. Any documents selected for production will be designated by the producing party as CONFIDENTIAL or "HIGHLY CONFIDENTIAL" at the time when copies of such documents are produced.

  3. If any Confidential Information or Highly Confidential Information is produced by a non-party to this litigation pursuant to this Protective Order, such a non-party shall be considered a "designating party" within the meaning of that term as it is used in the context of this Order and both parties to this Order should be treated as receiving parties. The parties recognize that during the course of this litigation. Confidential Information or Highly Confidential Information that originated with a non-party and for which there exists an obligation of confidentiality may he produced. Such information that the designating party believes originated with a non-party, but is subject to a confidentiality obligation may be designated as Confidential Information or Highly Confidential Information and shall be subject to the restrictions on disclosure specified in Paragraphs 5 and 0. If a party to this Order is in possession of documents or information that might otherwise be subject to production that the party has agreed not to disclose pursuant to an agreement with a non-party to this litigation, nothing in this paragraph requires the designating party to produce such documents or information without first obtaining the non-party's consent, if the non-party does not ...


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