Nevro Corp v. Boston Scientific Corporation et al

Filing 34

Order by Hon. Vince Chhabria denying without prejudice 24 , 29 Administrative Motions to File Under Seal. (vclc2S, COURT STAFF) (Filed on 12/28/2016)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

NEVRO CORP,

Case No. 16-cv-06830-VC

Plaintiff,
ORDER ON SEALING MOTIONS

v.

Re: Dkt. Nos. 24, 29
BOSTON SCIENTIFIC CORPORATION,
et al.,
Defendants.

Boston Scientific's presentation in support of its motion to seal portions of the motion to
dismiss and discovery letter is inadequate. Boston Scientific speaks in abstract terms about how
disclosure of the information will cause competitive harm but provides no specific reasons why
this will be so. Indeed, companies often disclose the type of information that Boston Scientific
seeks to conceal from the public here. Accordingly, these motions are denied without prejudice.
Boston Scientific will be given one more chance, at the upcoming case management conference,
to make a much stronger and more specific showing that it will suffer competitive harm from
disclosure of this information. Assuming Boston Scientific can't make that showing, the
redacted portions of the discovery letter will be unsealed and the motion to dismiss will not be
considered by the court unless submitted publicly without redactions. See Civil L.R. 79-5(e)-(f).
IT IS SO ORDERED.
Dated: December 28, 2016
______________________________________
VINCE CHHABRIA
United States District Judge