Vnus Medical Technologies Inc. v. Biolitec, Inc. et al

Filing 306

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR ADMINISTRATIVE RELIEF TO FILE DOCUMENTS UNDER SEAL. Signed by Judge Maxine M. Chesney on September 10, 2010. (mmclc1, COURT STAFF) (Filed on 9/10/2010)

Vnus Medical Technologies Inc. v. Biolitec, Inc. et al

Doc. 306

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Matthew B. Lehr (Bar No. 213139) Suong T. Nguyen (Bar No. 237557) David J. Lisson (Bar No. 250994) Chung G. Suh (Bar No. 244889) Jeremy Brodsky (Bar No. 257674) DAVIS POLK & WARDWELL LLP 1600 El Camino Real Menlo Park, California 94025 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff Tyco Healthcare Group LP d/b/a VNUS Medical Technologies UNITED STATES DISTRICT COURT

9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
[PROPOSED] ORDER GRANTING DEFENDANTS' MOTION FOR ADMINISTRATIVE RELIEF TO FILE DOCUMENTS UNDER SEAL CASE NOS. C08-03129 MMC & C08-04234 MMC Dockets.Justia.com

) ) ) Plaintiff, ) ) v. ) ) BIOLITEC, INC. and NEW STAR LASERS, ) INC. d/b/a COOLTOUCH, INC., ) ) Defendants. ) ) ) ) TYCO HEALTHCARE GROUP LP d/b/a ) VNUS MEDICAL TECHNOLOGIES, ) ) Plaintiff, ) ) v. ) ) TOTAL VEIN SOLUTIONS, LLC d/b/a ) TOTAL VEIN SYSTEMS, ) ) Defendant. ) ) )

TYCO HEALTHCARE GROUP LP d/b/a VNUS MEDICAL TECHNOLOGIES,

LEAD CASE NO. C08-03129 MMC CASE NO. C08-03129 MMC [PROPOSED] ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR ADMINISTRATIVE RELIEF TO FILE DOCUMENTS UNDER SEAL (D.I. 265) [CIVIL L.R. 7-11, 79-5] CASE NO. C08-04234 MMC (consolidated with C08-3129 MMC)

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Before the Court is the Defendants' Motion for Administrative Relief to File Documents Under Seal dated August 30, 2010, by which Defendants seek leave to file under seal unredacted versions of certain documents submitted in support of a Motion in Limine (1) to Preclude VNUS from Introducing Settlement Agreements or Related Evidence; (2) to Preclude VNUS from Relying on Evidence Related to 510(k) Statements of Substantial Equivalence; (3) to preclude Reference to Defendants as a Group; (4) to Preclude VNUS from Referring to Unclaimed Functions of Tumescent Anesthesia; and (5) to Preclude Julie Davis from Testifying as to Impermissible Reply Opinions (collectively "Defendants' Motions in Limine"). Having reviewed the parties' submissions filed in support of the motion, the Court rules as follows: 1. The motion is GRANTED in part, specifically, as to the following documents that

plaintiff has shown contain material properly filed under seal (see Kertz Decl., filed September 2, 2010), each of which the requesting party is directed to file,under seal: no later than September 14, 2010, under seal: Exhibits 1 (bates-stamped pages VNUS_150328-29, VNUS_150331, VNUS_150336, VNUS_150338-41, VNUS_150348), 5, 6 (pages 27, 30, 34-35, 45, 55) 10, 13, 15 (pages 7-10), 19 (bates-stamped pages VNUS_144136-140), 20, 28, and 29 (pages 13, 15-16, 28) to the Declaration of Charles T. Steenburg in Support of Defendants' Motions in Limine Numbers 1 through 6 Redacted pages 2 (lns. 11-13, 16, 24-26, 29), 3 (lns. 1-4, 9-10, 27), and 6 (ln. 15) of Defendants' Motion in Limine No. 1, filed on August 30, 2010 Redacted page 3 (lns. 1-9) of Defendants' Motion in Limine No. 3, filed on August 30, 2010 Redacted page 2 (lns. 1-5, 25-28) of Defendants' Motion in Limine No. 4, filed on August 30, 2010 2. The motion is DENIED in part, specifically, as to the following documents, in light

of plaintiff's having withdrawn its prior designation of confidentiality, each of which the requesting party is directed to file in the public record no later than five calendar days from the date of this order: September 14, 2010: Exhibits 8, 9, 18, and 27 to the Declaration of Charles T. Steenburg in Support of Defendants' Motions in Limine Numbers 1 through 6
1 [PROPOSED] ORDER GRANTING DEFENDANTS' MOTION FOR ADMINISTRATIVE RELIEF TO FILE DOCUMENTS UNDER SEAL CASE NOS. C08-03129 MMC & C08-04234 MMC

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, Designated portions of Defendants' Motions in Limine not identified above. and any portion of Exhibits 1, 6, 15, 19, and 29 not identified above. The motion is DENIED in part, specifically, as to Exhibit 12, in light of Dornier Medtech America, Inc.'s having not filed a responsive declaration. See Civil Local Rule 79-5(d). The requesting party shall file said exhibit in the public record no later than September 14, 2010.

IT IS SO ORDERED. September 10 Dated: ______________ 2010 HON. MAXINE M. CHESNEY United States District Judge

2 [PROPOSED] ORDER GRANTING DEFENDANTS' MOTION FOR ADMINISTRATIVE RELIEF TO FILE DOCUMENTS UNDER SEAL CASE NOS. C08-03129 MMC & C08-04234 MMC