Genentech, Inc. et al v. Sanofi-Aventis Deutschland GMBH et al

Filing 438

ORDER re 437 Declaration in Support, filed by Genentech, Inc.. Signed by Magistrate Judge Bernard Zimmerman on 916/2010. (bzsec, COURT STAFF) (Filed on 9/16/2010)

Genentech, Inc. et al v. Sanofi-Aventis Deutschland GMBH et al

Doc. 438

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 SANOFI-AVENTIS DEUTSCHLAND GMBH, 16 Plaintiff and Counterclaim17 Defendant, 18 v. CASE NOS. 08-cv-4909-SI (BZ) 09-cv-4919-SI [PROPOSED] ORDER GRANTING SANOFI'S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

19 GENENTECH, INC. AND BIOGEN IDEC INC., 20 Defendants and 21 Counterclaimants. 22 23 24 25 26 27 28
01731.51443/3669857.1

Case Nos. 08-cv-04909-SI, 09-cv-04919-SI [PROPOSED] ORDER GRANTING SANOFI'S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL Dockets.Justia.com

1 2

[PROPOSED] ORDER Plaintiff Sanofi-Aventis Deutschland GmbH ("Sanofi") has filed Sanofi's Administrative

3 Motion to File Documents Under Seal ("Administrative Motion"). The Administrative Motion 4 requests that portions of Sanofi's Motion to Compel Production of AvastinŽ Samples ("Motion to 5 Compel") and Exhibits J, M, and O attached to the Declaration of Joshua A. Davis in Support of 6 the Motion to Compel ("Davis Declaration"), be filed under seal because they contain information 7 designated by Genentech, Inc. ("Genentech") as "Highly Confidential ­ Attorneys' Eyes Only" 8 under the Protective Order in this action or "Restricted Information" under the Confidentiality 9 Agreement in force in the parallel arbitration, ICC Case No. 15900/JHN, Hoechst GmbH 10 (Germany) v. Genentech, Inc. (U.S.A.). 11 Sanofi has filed the declaration required under Local Rule 79-5 to provide evidence of

12 good cause for this Court to permit filing under seal. That declaration establishes that Genentech 13 has designated the information in the above documents as confidential under the Protective Order 14 in this action and under the Confidentiality Agreement in force in the parallel ICC arbitration. 15 Defendant Genentech thereafter filed the declaration required by Local Rule 79-5(d). That

16 declaration establishes that the below documents and information contained in Sanofi's Motion to 17 Compel are confidential to Genentech and therefore sealable. 18 Accordingly, for good cause shown, the Court ORDERS that the following documents

19 shall be filed under seal: 20 21 22 23 24 25 26 27 28
01731.51443/3669857.1

ˇ

Exhibit J to the Davis Declaration, which consists of excerpts from Respondent Genentech's Statement of Rejoinder, filed in the parallel arbitration, ICC Case No. 15900/JHN, Hoechst GmbH (Germany) v. Genentech, Inc. (U.S.A.)

ˇ

Exhibit M to the Davis Declaration, which consists of excerpts from the transcript of the August 18, 2010 deposition of Lynne A. Krummen in this matter (designated "Highly Confidential ­ Attorneys' Eyes Only").

Case Nos. 08-cv-04909-SI, 09-cv-04919-SI -1[PROPOSED] ORDER GRANTING SANOFI'S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL

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
01731.51443/3669857.1

ˇ

Exhibit O to the Davis Declaration, which consists of excerpts of the transcript of the August 18, 2010 deposition of Amy Shen in this matter (designated "Highly Confidential ­ Attorneys' Eyes Only").

ˇ

The non-redacted version of Sanofi's Motion to Compel, which references confidential Genentech information contained in the above Exhibits at Page 3, lines 21-26; Page 7, line 1-3; and Page 8, lines 16-22.

IT IS SO ORDERED.

16 Dated: September __, 2010

__________________________________________ The Honorable Susan Illston Bernard Zimmerman United States District Court Judge Magistrate

Case Nos. 08-cv-04909-SI, 09-cv-04919-SI -2[PROPOSED] ORDER GRANTING SANOFI'S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL