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United Therapeutics Corporation v. Actavis Laboratories FL, Inc.

United States District Court, D. New Jersey

May 17, 2017

UNITED THERAPEUTICS CORPORATION and SUPERNUS PHARMACEUTICALS, INC., Plaintiff,
v.
ACTAVIS LABORATORIES FL, INC., Defendant.

          OPINION TO SEAL

          LOIS H. GOODMAN, UNITED STATES MAGISTRATE JUDGE

         THIS MATTER having been opened to the Court by the joint application of Plaintiffs United Therapeutics Corporation and Supernus Pharmaceuticals, Inc., (collectively, "Plaintiffs") and Defendant Actavis Laboratories, FL, Inc. ("Actavis") by and through their undersigned counsel, in connection with the parties' Motion to Seal, pursuant to Local Civil Rule 5.3(c) portions of: (1) Plaintiffs' October 6, 2016 Letter to Hon. Lois H. Goodman, U.S.M.J., ("October 6 Letter") (D.E. 39); and (2) Request for International Judicial Assistance ("Request") (D.E. 39-1); and the Court having considered the papers submitted by the parties in support of the Motion; and any papers in reply thereto; and the Court having considered and adopted the Declaration of Liza M. Walsh, counsel for Actavis, and the Court having further found that the standards of Local Civil Rule 5.3(c) have been met and support the sealing of the confidential documents and information; and for other and good cause having been shown, the Court hereby finds:

         FINDINGS OF FACT

         A. Through discovery in this case, the parties have produced confidential information, the public disclosure of which would affect legitimate business interests. To protect the confidentiality of this information, the parties agreed to maintain the confidentiality of any materials produced pursuant to the Discovery Confidentiality Order ("DCO"), entered by this Court on September 6, 2016. (D.I. 33).

         B. The DCO allows the parties to designate information as "Confidential" or "Highly Confidential." The DCO acknowledges that the parties will exchange documents that contain confidential information, and strictly limits access these documents. The DCO further provides that a party wishing to use material designated as "Confidential" or "Highly Confidential" must move pursuant to Local Civil Rule 5.3(c) for leave to file the submission under seal.

         C. Pursuant to the DCO and Local Civil Rule 5.3(c), the parties move to seal portions of Plaintiffs' October 6 Letter and Request relating to Actavis's proprietary commercial and business interests, including information relevant to its research, development, technical and supplier information, and manufacturing operations concerning Actavis's proposed ANDA product because Actavis submit they contain, reference and discuss documents and information designated by Actavis as "Confidential" or "Highly Confidential."

         D. Specifically, the following portions of the above document contain confidential information:

• October 6 Letter:
o Page 1, second paragraph, lines 1-3 in their entirety; and
o Page 2, lines 1-3 in their entirety;
• Request:
o Page 7, Paragraph 1, from the beginning of line 2 until "Without" on line 4;
o Page 8, Numbered paragraph 10, line 2 after "and above" until "A list" on line ...

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