Motion-Secondary: Intuitive Surgical Sarl v. Philips Medical Systems Nederland B.V.

• 
• 
• 
• 
• 
• 

						
                                
Preview
                                At IAS Part __ of the Supreme Court of the
                                                     State of New York, held in and for the County
                                                     of New York, at the Courthouse thereof, 60
                                                     Centre Street, New York, New York on the
                                                     ___ day of May, 2024.


Present: ______________________, J.S.C.

                                                               x
                                                               :
 INTUITIVE SURGICAL SÀRL,                                          Index No. 652305/2024
                                                               :
                                                               :
                        Plaintiff,                                 Mot. Seq. No. 002
                                                               :
                                                               :
                -against-                                          ORDER TO SHOW CAUSE
                                                               :
                                                               :
 PHILIPS MEDICAL SYSTEMS NEDERLAND B.V.,
                                                               :
                                                               :
                        Defendant.
                                                               :
                                                               x



       Upon reading the accompanying Affirmation of Bradley S. Pensyl, dated May 7, 2024, the

accompanying Memorandum of Law, and all of the pleadings and proceedings had herein, and

there having been no prior motion for the relief requested herein,

       IT IS HEREBY ORDERED that Defendant Philips Medical Systems Nederland B.V.

(“Philips”) show cause before this Court at the Supreme Court of the State of New York, County

of New York, located at Part __, 60 Centre Street, New York, New York, on the ___ day of May,

2024, at ________ a.m./p.m., or at such time that the Court hereafter should order, why an Order

should not be entered, pursuant to 22 N.Y.C.R.R § 216.1, permitting Plaintiff to (i) file under seal
Exhibit A to the Declaration of Hilde van der Baan dated May 6, 2024 and filed in support of

Motion Sequence No. 001; and (ii) redact from its NYSCEF filings quotations from and references

to the content of Exhibit A to the van der Baan Declaration; and

       IT IS HEREBY ORDERED that pending determination of this motion, Plaintiff is

permitted to file Exhibit A to the van der Baan Declaration, NYSCEF No. 13, under seal and to

redact from its NYSCEF filings quotations from and references to the content of that document,

including in the Memorandum of Law filed in support of Motion Sequence No. 001 (NYSCEF

No. 9); and

       IT IS FURTHER ORDERED that pending the determination of this motion, access to

Exhibit A of the van der Baan Declaration, NYSCEF No. 13, shall be restricted to the parties, their

counsel, and court personnel, and quotations from and references to the content of that document

shall be redacted from NYSCEF filings; and

       IT IS FURTHER ORDERED that, sufficient cause being alleged heretofore, on or before

May __, 2024, service of a copy of this Order to Show Cause, together with the papers upon which

it is based, be made by overnight mail, pursuant to Article 10(a) of the Hague Convention on the

Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, to

Defendant Philips Medical Systems Nederland B.V. at Veenpuis 6, 5684 PC Best, The

Netherlands, and by email to Defendant’s counsel in the Dutch Proceedings, Martijn Evers,

mevers@akd.eu, and that such service shall be deemed good and sufficient service; and

       IT IS FURTHER ORDERED that answer papers, if any, shall be served by email upon

counsel for Plaintiffs, Allen Overy Shearman Sterling US LLP, 1221 Avenue of the Americas,

New York, New York 10020, attention: Bradley S. Pensyl (bradley.pensyl@aoshearman.com) and

Justin L. Ormand (justin.ormand@aoshearman.com), on or before May __ 2024; and
       IT IS FURTHER ORDERED that reply papers, if any, are to be served upon counsel for

Defendants by email (as detailed above) on or before May __, 2024.

Dated: New York, New York
       May ____, 2024



                                                  ENTER:


                                                  ____________________________________
                                                              J.S.C.