United States District Court, D. New Jersey
ROTHSCHILD LLP Karen A. Confoy, Esq. Allison L. Hollows, Esq.
Of Counsel: HUSCH BLACKWELL LLP Marc R. Wezowski, Esq. (pro
hac vice) Don J. Mizerk, Esq. (pro hac vice) John A. Sholar,
Esq. (pro hac vice) Katherine E. Rohlf, Esq. (pro hac vice)
Dustin L. Taylor, Esq. (pro hac vice) Attorneys for
Defendants TWi Pharmaceuticals, Inc. and TWi International
ORDER SEALING CERTAIN MATERIALS
MARIE BUMB, U.S.D.J.
MATTER having been opened to the Court by the parties,
Plaintiff, Supernus Pharmaceuticals, Inc.
("Supernus"), through counsel, Saul Ewing LLP and
Haug Partners LLP, and Defendants, TWi Pharmaceuticals, Inc.
and TWi International LLC d/b/a TWi Pharmaceuticals USA
('TWi"), through counsel, Fox Rothschild LLP and
Husch Blackwell LLP, seeking an order sealing materials
pursuant to Local Civil Rule 5.3; and the Court having
considered the papers submitted in support of the Motion,
hereby makes the following Findings of Fact and Conclusions
July 17, 2017, the parties filed this Joint Motion to Seal
Certain Materials (the "Motion"), pursuant to Local
Civil Rule 5.3, seeking to seal portions of the Transcript of
Bench Trial, dated April 3, 2017 [ECF No. 265], the
Transcript of Bench Trial, dated April 4, 2017 [ECF No. 266],
the Transcript of Bench Trial, dated April 5, 2017, [ECF No.
267], and the Transcript of Bench Trial, dated April 6, 2017
[ECF No. 268] (collectively, the "Materials").
set forth the portions of the Materials that it seeks to
seal, the basis for sealing those portions and the injury
that will result if the Materials are not sealed in the Index
filed with the Declaration of Yuling Lin ("Lin
Portions of the Materials concern TWi's AND A and AND A
product, proprietary testing, ingredients, ANDA product
formulation and manufacture, research and development of
TWi's ANDA product, and commercially sensitive
communications with the FDA concerning TWi's ANDA and
ANDA product. This information is, and has been treated by
the parties as, confidential. None of this information is
publicly available, nor has any of this information been
disseminated to anyone other than on a confidential basis.
See Lin Decl., ¶¶ 7, 14.
May 15, 2015, a Discovery Confidentiality Order
("DCO") [ECF No. 40] was entered by this Court to
protect confidential information that may be disclosed in the
course of discovery or otherwise in this action to preserve
the legitimate business interests of the parties.
DCO allows the parties to designate information as
"CONFIDENTIAL" or "HIGHLY CONFIDENTIAL"
and requires the submission of such confidential materials be
filed with the Court under seal pursuant to Local Civil Rule
5.3. (Id. at ¶¶ 1-2, & 13).
portions of the Materials submitted to be sealed contain
information that has been designated and treated by the
parties as "CONFIDENTIAL" and "HIGHLY
CONFIDENTIAL" pursuant to the DCO, and the information
contained satisfies the standard set forth in Local Civil
portions of the Materials submitted to be sealed disclose,
cite, discuss, rely upon, and comprise confidential
information that TWi has a legitimate interest in protecting
from competitors in the marketplace that could utilize such
information to gain an unfair competitive advantage to
TWi's detriment. See Lin Decl., ¶¶
clearly defined and serious injury will result to TWi if it
is not permitted to file the Materials under seal.
Specifically, the Materials contains information about
TWi's confidential ANDA product formulation development,
ingredients, and other private confidential business
information that would be compromised and expose TWi to
substantial financial risk and serious injury should they
become publicly available.
There is no less restrictive alternative to the filing of the
Materials under seal. Only the confidential and highly
confidential information included in the Materials will be
restricted from public access, which is a necessary
compromise in a litigation involving private litigants.