Sandoz Inc. v. Amgen Inc. et al

Filing 98

ORDER AFFORDING PLAINTIFF LEAVE TO FILE SUPPLEMENTAL DECLARATION IN SUPPORT OF DEFENDANTS' ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL. The Court will afford plaintiff leave to file, no later than November 5, 2013, a supplemental declaration for the purpose of specifying the particular sealable portions of paragraphs 2(A)-2(BB) of the Declaration of Vernon M. Winters and Exhibit 1 thereto. Signed by Judge Maxine M. Chesney on October 30, 2013. (mmclc1, COURT STAFF) (Filed on 10/30/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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SANDOZ INC.,
Plaintiff,

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No. C-13-2904 MMC
ORDER AFFORDING PLAINTIFF LEAVE
TO FILE SUPPLEMENTAL
DECLARATION IN SUPPORT OF
DEFENDANTS’ ADMINISTRATIVE
MOTION TO FILE DOCUMENTS UNDER
SEAL

v.
AMGEN INC., et al.,
Defendants.

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/

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Before the Court is defendants’ “Corrected Administrative Motion to File Under

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Seal,” filed September 25, 2013, and the Declaration of Brian Hirsch, filed by plaintiff in

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response. Having read and considered the above-referenced filings, the Court rules as

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follows.

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In their administrative motion, defendants seek leave to file under seal certain

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material designated by plaintiff as confidential. In its responsive declaration, plaintiff has

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shown that ¶¶ 2(A) - 2(BB) of the Declaration of Vernon M. Winters, and Exhibit 1 attached

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to said declaration, contain confidential material properly filed under seal. Plaintiff has not

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shown, or even contended, however, that the entirety of those documents consists of

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confidential material, and, indeed, it would appear that it does not. (See, e.g., Winters

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Decl. ¶ 2(J) (asserting “[o]nly the FDA can determine whether a product is a biosimilar”).)

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A request to file a document under seal “must be narrowly tailored to seek sealing

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only of sealable material.” See Civil L.R. 79-5(b); see, e.g., Apple Inc. v. Samsung

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Electronic Co., 727 F.3d 1214, 1223, 1223-26 (Fed. Cir. 2013) (holding parties were

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entitled to file specified portions of documents under seal; noting parties did “not seek to

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seal [the] documents in their entirety,” but, rather, only sought to redact “limited portions of

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the documents containing detailed product-specific financial information, including costs,

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sales, profits, and profit margins”).

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Accordingly, the Court will afford plaintiff leave to file, no later than November 5,

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2013, a supplemental declaration for the purpose of specifying the particular sealable

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portions of ¶¶ 2(A) - 2(BB) of the Declaration of Vernon M. Winters and Exhibit 1 thereto.

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IT IS SO ORDERED.

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Dated: October 30, 2013
MAXINE M. CHESNEY
United States District Judge

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