Judges Vary on Cross-Use Provisions in Protective Orders
Judge Andrews of the District of Delaware recently provided some guidance on protective order issues in Hatch-Waxman cases. Allergan USA, Inc. v. Aurobindo Pharma Ltd. At issue was whether Plaintiffs should be permitted to disclose one defendant’s confidential information to another defendant. While acknowledging it was a close call, Judge Andrews ultimately rejected Plaintiffs’ position…