Alzheimer's Institute of America v. Elan Corporation PLC et al

Filing 271

STIPULATION AND ORDER TO WITHDRAW ELAN'S JULY 19, 2011 ADMINISTRATIVE MOTION (200) TO FILE UNDER SEAL. Signed by Judge Elizabeth D Laporte on 10/21/2011. (kns, COURT STAFF) (Filed on 10/21/2011)

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Deborah E. Fishman (SBN 197584)
Katie J.L. Scott (SBN 233171)
Assad H. Rajani (SBN 251143)
Jessica L. Hubley (SBN 260672)
DICKSTEIN SHAPIRO LLP
700 Hansen Way
Palo Alto, CA 94304
Telephone: [phone]
Facsimile:
[phone]
Email: [e-mail]
[e-mail]
[e-mail]
[e-mail]
Charles D. Ossola (admitted pro hac vice)
DICKSTEIN SHAPIRO LLP
1825 Eye Street NW
Washington, DC 20006
Telephone: [phone]
Facsimile:
[phone]
Email: [e-mail]
Attorneys for Defendant and Counterclaim Plaintiff
ELAN PHARMACEUTICALS, INC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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ALZHEIMER’S INSTITUTE OF
AMERICA, INC.,

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Plaintiff,

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vs.
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Case No. 3:10-CV-00482 (EDL)
JOINT STIPULATION TO
WITHDRAW ELAN’S JULY 19,
2011 ADMINISTRATIVE MOTION
TO FILE UNDER SEAL , ORDER

ELAN PHARMACEUTICALS, INC.,
ELI LILLY AND COMPANY,
Defendants.
AND OTHER COUNTERCLAIMS

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JOINT STIPULATION – CASE NO. 3-10-CV-00482 (EDL)

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Pursuant to Civil L.R. 7-12 and Federal Rules of Civil Procedure 20(a)(2) and 21, Defendant

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Elan Pharmaceuticals, Inc. (“Elan”) and Plaintiff Alzheimer’s Institute of America, Inc. (“AIA”)

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(collectively “the Parties”), by and through their respective counsel, hereby agree and stipulate, and

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respectfully request the Court to enter an Order withdrawing Elan’s July 19, 2011 Administrative

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Motion to file under seal portions of Elan’s Responsive Claim Construction Brief and Exhibit 23 to

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the Rajani Declaration in Support of Elan’s Responsive Claim Construction Brief (D.N. 200).

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This joint stipulation sets forth the following facts upon which the Parties agree:

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1.

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On July 19, 2011, Elan filed an administrative motion to file portions of its

Responsive Claim Construction Brief and Exhibit 23 to the Rajani Declaration in Support of Elan’s

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Responsive Claim Construction Brief (D.N. 200). Pages 16-17 of Elan’s Responsive Claim

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Construction Brief and Exhibit 23 contained selected passages of the deposition transcript of Dr.

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Michael Mullan previously designated as “CONFIDENTIAL – ATTORNEYS EYES ONLY” by

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AIA. AIA did not file a declaration pursuant to Civil L.R. 79-5(d) in support of sealing these

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documents.

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2.

On October 19, 2011, counsel for Elan and AIA conferred on Elan’s administrative

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motion. The parties agree that Elan’s Responsive Claim Construction Brief (D.N. 201) and Exhibit

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23 (D.N. 202) are not confidential and should be filed publicly.

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WHEREFORE, the Parties, by and through their respective counsel, hereby stipulate to and

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request this Court to enter an Order: (1) withdrawing Elan’s July 19, 2011 Administrative Motion to

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file under seal portions of Elan’s Responsive Claim Construction Brief and Exhibit 23 to the Rajani

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Declaration in Support of Elan’s Responsive Claim Construction Brief (D.N. 200); and (2)

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permitting Elan to publicly file Elan’s Responsive Claim Construction Brief and Exhibit 23 in

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unredacted form.

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JOINT STIPULATION – CASE NO. 3-10-CV-00482 (EDL)

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Dated: October 20, 2011

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/s/ Berrie R. Goldman
K. Lee Marshall (SBN 277092)
Robert Padway SBN 48439)
Berrie Goldman (SBN 246061)
BRYAN CAVE LLP
Two Embarcadero Center, Suite 1410
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiff
ALZHEIMER’S INSTITUTE OF AMERICA, INC.

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lklk

Ameer Gado (admitted pro hac vice)
Benjamin Sodey (admitted pro hac vice)
BRYAN CAVE LLP
One Metropolitan Square
211 North Broadway, Suite 3600
St. Louis, MO 63102-2750
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
[e-mail]

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Respectfully Submitted,

Pursuant to General Order No. 45.X.B., the below filer attests that concurrence in the filing
of this document has been obtained from the above Signatories.
Dated: October 20, 2011

Respectfully Submitted,
/s/ Assad H. Rajani
Deborah E. Fishman (SBN 197584)
Katie J.L. Scott (SBN 233171)
Assad H. Rajani (SBN 251143)
Jessica L. Hubley (SBN 260672)
DICKSTEIN SHAPIRO LLP
700 Hansen Way
Palo Alto, CA 94304
Telephone: [phone]
Facsimile:
[phone]
Email: [e-mail]
[e-mail]
[e-mail]
[e-mail]
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JOINT STIPULATION – CASE NO. 3-10-CV-00482 (EDL)

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Charles D. Ossola (admitted pro hac vice)
DICKSTEIN SHAPIRO LLP
1825 Eye Street NW
Washington, DC 20006
Telephone: [phone]
Facsimile:
[phone]
Email: [e-mail]
Attorneys for Defendant and Counterclaim Plaintiff
ELAN PHARMACEUTICALS, INC

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Attorneys for Defendant and Counterclaim Plaintiff
ELAN PHARMACEUTICALS, INC.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: October 21 , 2011

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Honorable Elizabeth D. Laporte
DISTRICT COURT MAGISTRATE JUDGE

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JOINT STIPULATION – CASE NO. 3-10-CV-00482 (EDL)