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BTG International Ltd. v. Amneal Pharmaceuticals LLC

United States District Court, D. New Jersey

May 31, 2018

BTG INTERNATIONAL LIMITED, et al., Plaintiffs,
v.
AMNEAL PHARMACEUTICALS LLC, et al., Defendants. BTG INTERNATIONAL LIMITED, et al., Plaintiffs,
v.
AMERIGEN PHARMACEUTICALS, INC., and AMERIGEN PHARMACEUTICALS LTD., Defendants.

          ORDER TO SEAL

          HON. JAMES B. CLARK III, UNITED STATES MAGISTRATE JUDGE

         THIS MATTER having been opened to the Court by the application of Plaintiffs BTG International Limited, Janssen Biotech, Inc., Janssen Oncology, Inc., and Janssen Research & Development, LLC (collectively, "Plaintiffs"), by and through their undersigned counsel, seeking an order sealing portions of the February 9, 2018 oral argument transcript regarding Certain Defendants' Motion for Summary Judgment of Noninfringement ("Transcript"); the Court having considered the papers submitted by Plaintiffs in support of the Motion; and any papers in reply thereto; and the Court having considered and adopted the Statement of Keith J. Miller pursuant to Local Civil Rule 7.1(d)(4), counsel for Plaintiffs, 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 information; and for other and good cause having been shown, the Court hereby finds:

         FINDINGS OF FACT

         1. On March 1, 2016, the Court entered the parties' Discovery Confidentiality Order. Dkt. No. 172. The DCO allows the parties to designate information as "Confidential, " "Highly Confidential, " or "Highly Confidential-OCEO Information."

         2. 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, " "Highly Confidential, " or "Highly Confidential-OCEO Information" must move pursuant to Local Civil Rule 5.3(c) for leave to file the submission under seal.

         3. On February 9, 2018, the parties attended oral argument before the Court which was recorded in the Transcript.

         4. The Court finds that the document that Plaintiffs seek to have sealed appears to reference Plaintiffs' "Highly Confidential" information pursuant to the terms of the Parties' Discovery Confidentiality Order.

         5. Specifically, the following portions of the Transcript contains confidential information, which was identified with specificity in Plaintiffs' Index in Support of Motion to Redact Transcript:

• Page 21, lines 8-19, 23-25;
• Page 22, lines 1-6, 11-14;
• Page 23, line 4 after "unambiguous label" through before "But here" on line 7;
• Page 33, line 20 after "FDA-approved label" through before "and the PTO" on line 21;
• Page 60, line 15 after "doing it justice" through end of ...

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