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Valeant Pharmaceuticals Luxembourg S.A.R.L. v. Actavis Laboratories UT. Inc.

United States District Court, D. New Jersey

March 26, 2018

VALEANT PHARMACEUTICALS LUXEMBOURG S.A R.L. and VALEANT PHARMACEUTICALS NORTH AMERICA LLC, Plaintiffs,
v.
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 5.3

          Honorable Joseph A. Dickson, U.S.M.J.

         THIS 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 finds:

         FINDINGS OF FACT

         1. 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 No. 54).

         2. The 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).

         3. 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 DCO.

         4. 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 Confidential Information");

         5. On 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);

         6. The redacted portions of the Transcript contain Defendant's highly confidential, proprietary, and non-public information.

         7. 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 proprietary information.

         8. 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.

         9. The 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.

         10. 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 ...


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