Arthrex, Inc. v. Parcus Medical, LLC

Filing 94

ORDER re 84 Response in opposition to motion filed by Arthrex, Inc. The Defendant, Parcus Medicals Reply Brief in Support of Motion to Compel Production of Arthrex C3 Contracts. The Defendant may file its attachments to its Reply Brief 84 under seal with this Court. The Defendant has up to and including Monday September 24, 2012, to file its sealed documents with the Court.Signed by Magistrate Judge Sheri Polster Chappell on 9/17/2012. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

ARTHREX, INC.,
Plaintiff,
v.

Case No: 2:11-cv-694-FtM-29SPC

PARCUS MEDICAL, LLC,
Defendant.
___________________________________/
ORDER
This matter comes before the Court on Parcus Medical’s Reply Brief in Support of
Motion to Compel Production of Arthrex C3 Contracts (Doc. #84) filed on August 31, 2012. On
August 28, 2012, the Court granted Parcus’ Motion to File Under Seal Unredacted Reply Brief in
Support of Motion to Compel Production of Athrex C3 Contracts for Limited Purpose of In
Camera Inspection and Judicial Determination of Whether Sealing is Appropriate. (Doc. #78).
Pursuant to the Court’s Order, Parcus attached documents to its Sur-Reply in Opposition
to Parcus’ Motion to Compel Production of Documents Relating to Arthrex’s C3 Program, along
with Confidentiality Agreement and Joint Stipulated Protective Order. (Doc. #84). Both parties
have signed and agreed to the Confidentiality Agreement and Joint Stipulated Protective Order.
(Doc. #84-8). As to the documents requested, the Agreement provides:
4. As a further general guideline, information or materials designated as “Highly
Confidential — Attorneys’ Eyes Only” shall be those things of a proprietary
business or technical nature that a producing party reasonably and in good faith
believes derives economic value from not being readily ascertainable by others, is
the subject of reasonable efforts by the producing party to maintain its secrecy,
would be of value to a competitor or potential customer of the producing party or
third party holding the proprietary rights thereto, and that should be protected
from disclosure. Examples of such information or materials include without
limitation: a producing party’s trade secrets; confidential technical or business

information; technical practices, methods or other know-how; research and
development (“R&D”); present or future R&D, business or marketing plans;
product sales, revenues, costs, pricing or profits data or projections; financial data;
business strategy; confidential agreements, relationships and/or communications
with third parties, including but not limited to lenders, inventors, customers or
distributor; or materials that a producing party is under a pre-existing obligation to
a third party to treat as such.
(Doc. #84-8).
Under the proposed Joint Stipulated Protective Order (Doc. #84-8), the parties
have agreed to file attachments related to their business plans, product sales, revenues,
cost, pricing or profits data, and other information referenced above under seal. As such,
the Court shall allow the attachments in the Defendant’s Reply Brief (Doc. #84) to be
filed under seal. However, Defendant shall separately file the attachments contained in
Defendant’s Reply Brief (Doc. #84) with this Court.
Accordingly, it is now ORDERED:
The Defendant, Parcus Medical’s Reply Brief in Support of Motion to Compel
Production of Arthrex C3 Contracts (Doc. #84) is GRANTED. The Defendant may file its
attachments to its Reply Brief (Doc. #84) under seal with this Court. The Defendant has up to
and including Monday September 24, 2012, to file its sealed documents with the Court.
DONE and ORDERED in Fort Myers, Florida this 17th day of September, 2012.

Copies: All Parties of Record