United States District Court, D. New Jersey
UNITED THERAPEUTICS CORPORATION and SUPERNUS PHARMACEUTICALS, INC., Plaintiff,
ACT AVIS LABORATORIES FL, INC., Defendant.
OPINION TO SEAL
HONORABLE LOIS H. GOODMAN MAGISTRATE JUDGE
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:
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).
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.
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;
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 5;
o Exhibit A on Page 11, numbered requests 1 -15 in their