United States District Court, D. New Jersey
VALEANT PHARMACEUTICALS LUXEMBOURG S.A R.L. and VALEANT PHARMACEUTICALS NORTH AMERICA LLC, Plaintiffs,
ACTAVIS LABORATORIES UT, INC., Defendant.
Gregory J. Bevelock, Amanda Hollis, Sarah K. Tsou Attorneys
for Defendant Actavis Laboratories UT, Inc
[PROPOSED]FINDINGS OF FACT.
CONCLUSIONS OF LAW. AND ORDER GRANTING THE ACTAVIS'
MOTION TO SEAL TRANSCRIPT PURSUANT, "TO LOCAL RULE
Honorable Joseph A. Dickson, U.S.M.J.
MATTER having been brought before the Court by way of
Defendant Actavis Laboratories UT, Inc.'s
("Defendant") Motion to Seal the transcript of the
January 17, 2018 hearing before the Honorable Joseph A.
Dickson, U.S.M.J. (the "Transcript") pursuant to
Local Civil Rule 5.3, and the Court having considered the
Actavis's submissions and proposed sealed information,
and the factors contained in Local Civil Rule 5.3. (c)(2);
and Plaintiffs not objecting to the relief sought herein; and
for other and good cause having been show, the Court hereby
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 Stipulated Discovery Confidentiality Order
("DCO"), entered by this Court on May 3, 3017 (ECF
DCO allows the Parties to designate information as
"CONFIDENTIAL" or "ATTORNEYS' EYES
ONLY." The DCO acknowledges that the Parties will
exchange documents that contain confidential information, and
strictly limits access to these documents. The DCO further
provides that any Party wishing to file with the Court
material designated as "CONFIDENTIAL" or
"ATTORNEYS' EYES ONLY" must file an Omnibus
Motion to Seal pursuant to Local Rule 5.3(c).
Pursuant to the DCO, Actavis moves to seal the Confidential
Materials relating to its proprietary commercial and business
interests, including information relevant to its research,
development, and technical information because they contain,
reference, and/or discuss documents and information
designated by Actavis as "ATTORNEYS' EYES ONLY"
and/or as "CONFIDENTIAL" in accordance with the
Defendant seeks to protect confidential and proprietary
information identified in Appendix A to the February 15, 2018
Declaration of Sarah K. Tsou in Support of the Motion to Seal
pursuant to Local Civil Rule 5.3 ("Defendant's
January 17, 2018, counsel for both parties appeared before
the Honorable Joseph A. Dickson, U.S.M.J. for a Status
Conference, portions of which were transcribed on the record
(ECF No. 136);
redacted portions of the Transcript contain Defendant's
highly confidential, proprietary, and non-public information.
Defendant's Confidential Information, all of which is
identified in Appendix A to the Declaration of Sarah K. Tsou,
refers to proprietary commercial and business interests,
including information relevant to Defendant's research,
development, and technical information on the components and
formulation of its ANDA product, which is presently
unavailable to the public. The DCO entered in these matters
provides for the confidential treatment of this type of
Defendant has a legitimate interest in maintaining the
confidentiality of this commercially sensitive business
information, including research, development, and technical
information related to the components and formulation of its
ANDA product. Defendant has a legitimate interest in
protecting this information as confidential, because their
competitors in the marketplace could utilize the information
to gain an unfair competitive advantage to their detriment.
Defendant has invested significant resources into the
development of its ANDA product with the expectation that
documents containing such competitively sensitive and
proprietary information would be confidential and remain
unavailable to competitors. There is substantial public
interest in ensuring that this non-public information
relating to Defendant's ANDA product remain confidential
and will not become public at a later date.
clearly defined and serious injury that would result should
the proposed Order to seal the Confidential Information not
be entered is that valuable business and trade secrets
created at substantial expense by Defendant will be lost and
competitors would unjustly gain access to them. Confidential
research information would be revealed to the public and
Defendant's competitors, and these competitors would
unjustly gain the ability to thwart, anticipate or usurp
those plans and strategies to the competitors' advantage
and Actavis's loss.
There is no less restrictive alternative available other than
to seal the unredacted transcript containing the confidential
information identified in Appendix A to the Declaration of
Sarah K. Tsou, and allowing ...