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

Filing 331

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR ADMINISTRATIVE RELIEF TO FILE DOCUMENTS UNDER SEAL; VACATING SEPTEMBER 10, 2010 ORDER [DOCUMENT NO. 305]. Signed by Judge Maxine M. Chesney on September 15, 2010. (mmclc1, COURT STAFF) (Filed on 9/15/2010)

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

Doc. 331

1 2 3 4 5 6 7 8

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 PLAINTIFF'S MOTION FOR ADMINISTRATIVE RELIEF TO FILE DOCUMENTS UNDER SEAL CASE NOS. C08-03129 MMC & C08-04234 MMC Dockets.Justia.com

TYCO HEALTHCARE GROUP LP d/b/a VNUS MEDICAL TECHNOLOGIES, ) ) ) v. ) ) BIOLITEC, INC., DORNIER MEDTECH ) AMERICA, 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. ) ) ) Plaintiff,

LEAD CASE NO. C08-03129 MMC CASE NO. C08-03129 MMC [PROPOSED] ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR ADMINISTRATIVE RELIEF TO FILE DOCUMENTS UNDER SEAL; VACATING SEPTEMBER 10, 2010 ORDER [DOCUMENT NO. 305] [CIVIL LOCAL RULES 7-11, 79-5] CASE NO. C08-04234 MMC (consolidated with C08-3129 MMC)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
1

Before the Court is the Plaintiff's Motion for Administrative Relief to File Documents Under Seal dated August 30, 2010, by which Plaintiff seeks leave to file under seal unredacted versions of certain documents submitted in support of Plaintiff's Notice of Motion and Brief in Support of its Motion in Limine No. 1 to Exclude Testimony and the Use of Prior Testimony Regarding Certain Alleged Uses by Drs. Bush, Mercier and Dunne. Having reviewed the submissions filed in support of the motion, the Court rules as follows: The motion is GRANTED as to the following documents that the parties or former has party Dornier MedTech America, Inc. ("Dornier") have shown contain material properly filed under seal, each of which the requesting party is directed to file under seal, no later than five 1 September 21, 2010 calendar days from the date of this order: Pages 71-75 Designated portions of Exhibit 4 to the Declaration of Jeremy Brodsky in Support of Plaintiff's Notice of Motion and Brief in Support of its Motion in Limine No. 1 to Exclude Testimony and the Use of Prior Testimony Regarding Certain Alleged Uses by Drs. Bush, Mercier and Dunne, which have been designated by Dornier. Designated portions of Plaintiff's Notice of Motion and Brief in Support of its Motion in Limine No. 1 to Exclude Testimony and the Use of Prior Testimony Regarding Certain Alleged Uses by Drs. Bush, Mercier and Dunne, dated August 30, 2010, which reflect confidential information of Defendants and Dornier. 2. The motion is DENIED as to Exhibit 13 to the Declaration of Jeremy Brodsky (excerpts from deposition of Jose I. Almeida, M.D.), and any page of Exhibit 4 other than those identified above; plaintiff is DIRECTED to file said documents in the public record no later than September 21, 2010. 3. The Court's September 10, 2010 order [Document No. 305] is vacated. 1.

4. Plaintiff's motion requesting that Document Nos. 307 and 308 be removed from the public docket is GRANTED. IT IS SO ORDERED. September 15 Dated: ______________ 2010 HON. MAXINE M. CHESNEY United States District Judge Dornier's showing was made after the Court issued its order of September 10, 2010.

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