BAYER HEALTHCARE PHARMACEUTICALS INC. v. BIOGEN IDEC MA INC.

Filing 343

ORDER granting #337 Motion to Redact #335 Transcript held on 02/25/2015. Signed by Magistrate Judge James B. Clark on June 15, 2015. (ek)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

N RE BIOGEN ‘755 PATENT LITIGATION

Civil Action No.: lO-cv-02734 (CCC) (JBC)

ORDER GRANTING
MOTION FOR REDACTION OF A TRANSCRIPT
This matter having been brought before the Court on Defendants EMD Serono, Inc.,
Pfizer Inc., and Novartis Pharmaceuticals Corp.’s (collectively “Defendants”) Motion for
Redaction of a Transcript, and pursuant to Local Rules 5.3(c) and 7.1, and this Court having fully
considered Defendants’ Declaration in Support of the Motioi any submissions in further support
thereof, and any opposition thereto, as well as the record before it, the Court makes the following
findings:
ITISthis

1&dayof

THIS COURT FINDS that on

,2015;
ecember 22, 2010, a Discovery Confidentiality Order

was entered in this litigation.
THIS COURT FURTHER FINDS that the following materials contain information

regarding and garnered from documents and or deposition transcripts which have been
designated as “Confidential” or “Highly Confidential Outside Attorneys’ Eyes Only” or would
-

be considered to fall under one of these designations by the parties in this case pursuant to the
Discovery Confidentiality Order entered in Civil Action No. 10-02734 or contain information
that is of such a highly sensitive nature that it is not appropriate for public disclosure.
Redactions are sought for this document:

•

the Transcript of Proceedings held on February 25, 2015, before Judge
Claire C. Cecchi.

THE COURT FURTHER FINDS that this is a patent action that involves confidential
information and, specifically, the transcript listed above contains confidential information
regarding business strategies, trade secrets or other confidential research, development,
formulation, manufacturing, regulatory, financial, marketing, commercial or competitive
information or analysis of the producing party, or of a third party if such material is or was
within the possession, custody, or control of the producing party, that each party has a legitimate

interest in protecting as confidential and that competitors in the marketplace could utilize to gain
an unfair competitive advantage to their detriment.
THE COURT FURTHER FINDS that the interests of the public that warrant granting

an Order for Redaction of a Transcript include the interest of not burdening litigants’ access to
the Court by requiring public disclosure of valuable confidential information as a condition of
litigating their rights.
THE COURT FURTHER FINDS that the clearly defined and serious injury that would

result should the Order for Redaction of a Transcript not be granted is that valuable business and
trade secrets created at substantial expense by the parties will be lost and competitors would
unjustly gain access to them. Specifically, the parties’ confidential research information would
be revealed to their competitors and these competitors would unjustly gain the ability to thwart,
anticipate or usurp those plans and strategies to the competitors’ advantage and the parties’ loss.
THE COURT FURTHER FINDS that no less restrictive alternative is available to

prevent the defined and serious injury to the parties.
THE COURT FURTHER FINDS that Defendants have complied with the dictates set

forth in Local Civil Rule 5 .3(c)(2) and in case law related thereto.

2

THEREFORF for good cause shown, based on the Discovery Confidentiality Order and

in order to preserve the confidentiality of the aforementioned transcript;
IT IS ORDERED that the following portions of the Transcript of Proceedings held on

february 25, 2015, before Judge Claire C. Cecchi shall be redacted and maintained under seal by
the Clerk of the Court:
a. Page 14, lines 17 (last six words)-21;
b. Page 15 lines 19 (last three words)-23;
c. Page 16, lines 3-8;
d. Page 24, lines 7-10 (first word) and 12 (last four words)-24;
e. Page 25 lines 1 (last nine words)-2(first four words); lines 10 (last nine words)-16
(first four words); lines 21 (last four words)-22 (first word);
£

Page 26, lines 11 (last six words)- 14;

g. Page 29, lines 6 (last word)- 10 (first five words); lines 11-12 (first 8 words); lines
13 (last word)-16; lines 21 (last two words)-22; line 25 (last two words);
K Page 30, line 1 (first word); lines 15 (last three words)-22; lines 23 (last two
words)-25 (first nine words);
i

Page 31, lines 2 (last word)- 3;

j.

Page 33, lines 11 (last eleven words)-12 (first six words);

k. Page 34, lines 3 (last eight words)-5 (first two words); lines 6 (last four words)-8;
lines 13 (last five words)- 16 (first two words); line 25 (last eight words);
1.

Page 35, lines 1-2 (first seven words); lines 17 (last three words)-23 (first five
words); lines 24 (last three words)-25 (first five words);

3

m. Page 36, lines 3 (last two words)-5 (first word); line 6 (last nine words)-7; lines 9
(last five words)- 11; lines 13 (last four words)- 16 (first six words); lines 1$ (last
seven words)- 19 (first word);
n. Page 37, line 5 (first seven words); lines 7 (last three words)-9;
o. Page 38, line 7 (fifth and sixth words); line 8 (third and fourth words); lines 12
(last nine words)-14; lines 18 (last nine words)-19; line 21 (last seven words); line
24 (last seven words);
p. Page 39, line 2 (last seven words); lines 4 (last five words)-5 (first eleven words);
lines 15 (last four words)- 16 (first eight words)
q. Page 41, lines 6 (last nine words)-8; line 18 (last six words); lines 23 (last seven
words)-24;
r.

Page 42, lines 4 (last word)-5; line 14; lines 16 (last six words)-20 (first two
words);

s.

Page 44, lines 10 (last three words)- 13;

t.

Page 45, line 3 (last eleven words); lines $ (last three words)-9; lines 13 (last
seven words)- 14;

a Page 46, line 10 (first 5 words); lines 13 (last nine words)-14;
v. Page 49, lines 7-8; lines 10 (last word)- 15; lines 16 (last five words)-2 1; line 25
(last eight words);
w. Page 50, lines 1-2; lines 3 (last 3 words)-6 (first 6 words); lines 9 (last 5 words)12; lines 14 (last 5 words)- 15; line 1$ (fifth- ninth words);
x. Page 57, line 21; lines 24-25;
y. Page 58, lines 1-4 (first six words); lines 22-25;

4

z.

Page 59, lines 1-8; lines 9 (last three words)-19 (first two words); line 21 (first
nine words); lines 23 (last four words)-24;

aa. Page 60, lines 17 (last eight words)-20 (first 3 words); lines 21 (last nine words)
22 (first four words);
bb. Page 61, line I (first seven words); lines 15 (last seven words)-16 (first six
words); lines 19 (last three words)-21 (first six words)
cc. Page 63, lines 17 (last four words)-21; line 23 (last six words)
dd. Page 64, lines 8 (last five words)- 13 (first six words);
ee. Page 65, lines 8 (last three words)-9; line 20 (second

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eighth words); lines 21

(last six words)- 22;
ff. Page 66, lines 20 (last seven words)-2 1 (first word);
gg. Page 67, lines 22 (last six words)-24;
hh. Page 68, lines 1 (last eleven words)-3 (first four words); lines 23-25 (first four
words);
ii. Page 69, lines 3 (last four words)-6; lines 8 (last

nine

woitls)-9 (first four words);

lines 13 (last six words)- 14; lines 16-18 (first word); line 18 (last four words)-20;
jj. Page 72, lines 6 (last eight words)-7;
Mc. Page 73, line 1 (last nine words);
11. Page 74, lines 1 (last five words)-2;
mm.
mi.

Page 77, line 2 (second eighth words); lines 4 (last eight words)-25;
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Page 78, lines 1-7; lines 10 (last 10 words)-13; lines 21 (last two words)-24;

oo. Page 79, lines 1 (last five words)-2; lines 5-8; lines 12 (last eight words)-16 (first
two words); lines 23 (last seven words)-25;

5

pp. Page 80, line 1; lines 6-7 (first nine words); lines 11 (last two words)-12 (first
eight words); lines 16 (last nine words)-17 (first ten words);
qq. Page 81, lines 11 (last eight words)- 19; lines 23 (last eleven words)-24 (first
words);
iT.

Page $2, line 2 (fifth

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ninth words); lines 5 (last four words)-7 (first two words);

lines 8 (last six words)- 11; lines 12 (last word)- 14 (first eight words); lines 20
(last six words)-2 1;
ss. Page 83, lines 1 (last five words)-3 (first four words); lines 6 (last four words)-8;
lines 10 (last seven words)-14 (first four words); lines 15 (last 5 words)-17; lines
20 (last eleven words)-23 (first four words);
tt. Page $4, lines 3 (last four words)-5 (first seven words); lines 16 (last two words)-

18; lines 20 (last word)-23; line 25 (last five words);
uu. Page $5, line 1 (first eight words); line 4; lines 7 (last four words)- $ (first word);
lines 18 (last six words)-19 (first four words); lines 21 (last 5 words)-25;
w. Page 86, lines 3 (last ten words)-9 (first five words); lines 13 (last six words)-15;
line 22 (second eighth words);
-

ww.

Page 87, lines 3 (last 12 words)-4; lines 6-7 (first 3 words); lines 9 (last
five words)- 11 (first four words);

xx. Page 88, lines 10 (last ten words)-13; lines 15 (last nine words)-16 (first ten
words); lines 21 (last six words)-24;
yy. Page 89, lines 3 (last word)-5 (first three words); lines 6 (last 5 words)-9;
zz. Page 90, lines $ (last word)-9 (first eleven words); line 25 (sixth
words);

6

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thirteenth

aaa.

Page 91, line I (first word);lines 4 (last eleven words)-6 (first two words);
lines 7 (last ten words)- 10; lines 15 (last word)- 16 (first five words);

bbb.

Page 92, lines 6 (last eight words)- 11;

ccc.

Page 93, lines 11-15; lines 18 (last nine words)-19 (first five words); line
21 (second ninth words);
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ddd.

Page 94, lines 3 (last four words)-4 (first five words); lines 12 (last four

words)- 13; lines 22 (last eight words}-23;
eee.

Page 95, lines 3 (last four words}.4 (first nine words); line 13 (fifth ninth
-

words);
fif. Page 96, line 7 (last three words); line 9 (second fifth words);
-

ggg.

Page 97, lines 11 (last word)- line 12 (first four words); lines 22 (last eight

words)-24;
hhh.

Page 98, lines 1 (last word)-4; line 6 (fourth eight words); lines 13 (last
-

nine words)- 14 (first seven words).

so ORDG2.
Honorable
VY I. _hrtk,IL
United States Magistrate Judge

UA

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3S 77

7