CELGENE CORPORATION v. NATCO PHARMA LIMITED
Filing
374
ORDER granting 365 Motion to Redact 362 Transcript held on October 22, 2014 before Judge Madeline Cox Arleo. Signed by Magistrate Judge Steven C. Mannion on 12/16/2014. (ek)
WINSTON & STRAWN LLP
The Legal Center
One Riverfront Plaza, Suite 730
Newark, New Jersey 07102
(973) 848-7676
James S. Richter
Melissa Steedle Bogad
Attorneys for Defendants
Natco Pharma Ltd., Arrow Jnternational Ltd.,
and Watson Laboratories, Inc.
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
x
CELGENE CORPORATION,
Honorable Susan D. Wigenton, U.S.D.J.
Civil Action No. 10 CV 5197 (SDW) (SCM)
Plaintiff
V.
NATCO PHARMA LIMITED
ARROW INTERNATIONAL LIMITED,
and WATSON LABORATORiES, INC.
: ORDER TO SEAL CERTAIN PORTIONS
OF THE OCTOBER 22, 2014
ELECTRONIC TRANSCRIPT
Defendants.
x
THIS MATTER, being opened to the Court by Winston & Strawn LLP, attorneys for
Defendants Natco Pharma Ltd., Arrow International Ltd., and Watson Laboratories, Inc.
(collectively, “Defendants”), by way of Defendants’ Motion to Seal Certain Portions of the
October 22, 2014 Electronic Transcript of the conference held before the Honorable Madeline
Cox Arleo, U.S.M.J. (the “Transcript”); and PlamtiffCelgene Corporation (“Celgene”) joining in
Defendants’ Motion; and the Court having considered the submission, proposed sealed
information, Local Civil Rule 5.3, and the governing case law; and the Court having considered
the factors contained in Local Civil Rule 5.3(c)(2). the Court makes the following Findings of
Fact and Conclusions of Law:
•
Certain portions of the Transcript contain certain trade secret and/or confidential
research, development, commercial and proprietary information that is considered
“HIGHLY CONFIDENTIAL” by Defendants andior Celgene under the Discovery
Confidentiality Order (“Confidentiality Order”) entered in the case.
•
Defendants and Celgene have a legitimate interest in protecting the confidentiality of
their trade secret information and/or other confidential business plans or strategies for
existing products or products in development.
•
Public disclosure of this information would cause Defendants and Celgene significant
harm because public disclosure of their trade secret information and/or confidential
business plans or strategies for existing products or products in development would
provide the public insight into the business and operations of Defendants and
Celgene, and would give competitors an unfair advantage.
•
There is no less restrictive alternative available than to seal such information because
the proposed sealed information is limited in scope and includes only certain portions
of the
Transcript that contain information
that
is
considered
“HIGHLY
CONFIDENTIAL” under the Confidentiality Order.
WHEREFORE, the Court having found that the relief sought is warranted; and for good
cause shown.
ITlSonthisdayof
ORDERED as follows:
,2014
1.
Defendants’ Motion to Seal Certain Portions of the October 22, 2014 Electronic
Transcript is hereby granted.
2.
The following portions of the October 22, 2014 Electronic Transcript are hereby
redacted and sealed:
Page(s)
Line(s)
Identifier
12
18-19
From the word “they” through the word “exist”
12
21-25
Entire section
13
1-5
Entire section
13
1 8-25
From the words “Mr. Cerrito” through the end of the page
14
5-6
From the word “even” through the end of the sentence
14
10-14
From the words “he claims” through the word “program”
17
10-12
From the word “they” through the end of the paragraph
17
14
From the word “to” through the word “exist”
18
9-11
From the word “They” through the end of the paragraph
18
14-19
From the word “when” through the word “does”
18
20-2 5
From the word “We” through the end of the page
19
1-4
Entire section
20
17-20
From the word “Even” through the end of the paragraph
20
25
From the word “We’re” through the end of the page
21
1-2
From the word “to” through the end of the paragraph
21
4-9
From the word “because” through the word “case”
21
20-2 5
Entire section
22
6-8
From the word “It” through the end of the paragraph
3
22
21
Entire line
22
23-24
Entire section
23
5-6
Entire section
24
1
From the word “that” through the end of the sentence
24
1 1-12
From the word “he” through the word “now”
26
15-17
Entire section
26
21 -24
From the word “No” through the word “considerations”
27
3-4
From the word “We” through the word “do’
28
20-23
Entire section
29
7-17
From the word “But” through the word “patents”
29
18-21
Entire section
29
25
From the word “If” through the end of the page
30
1
The word “do”
30
4-5
From the word “I” through the end of the sentence
30
16-20
From the word “Again” through the word “defendants”
30
21-25
From the word “They” through the end of the page
31
1-6
From the beginning of the page through the word “system”
31
19-25
From the word “So” through the end of the page
32
1-16
Entire section
32
21-22
From the word “you” through the end of the sentence
32
23-24
From the word “there’s” through the end of the sentence
34
1-4
From the word “my” through the word “systems”
34
6-10
From the word “if” through the end of the paragraph
4
34
12-20
From the word “But” through the end of the paragraph
34
22-24
From the word “there” through the word “determination”
35
4-7
Entire section
35
16-17
Entire section
36
1-2
From the word “1” through the end of the sentence
36
7
From the word “you” through the end of the sentence
36
15-17
From the word “I” through the word “patents”
37
13-14
From the word “has” through the word “road”
38
7
From the word “if through the word “yet”
38
9-12
From the word “because” through the word “system”
38
19-25
From the word “So” through the end of the page
39
1-8
Entire section
39
9-14
From the word “If’ through the word “about”
39
16-17
From the word “if” through the word “system”
39
20-23
From the words “We have” through the word “place”
40
1-10
From the beginning of the page through the word “patents”
40
12-15
From the word “And” through the end of the paragraph
42
14-19
From the word “This” through the end of the paragraph
42
25
From the word “and’ through the end of the page
43
1-3
43
4-7
From the beginning of the page through the end of the
paragraph
From the word “Until” through the word “will”
43
23
From the word “if’ through the word “presented”
67
13-14
From the word “from” through the end of the sentence
69
5-6
From the word “business” through the word “party”
69
12-14
From the word “from” through the end of the sentence
69
15-16
From the word “a” through the word “program”
69
17
From the word “and” through the word “to”
69
19-22
Entire section
70
13-14
From the word “you” from the word “source”
72
5-7
From the words “you got” through the end of the sentence
72
17-18
From the words “if they” through the word “would”
74
9
From the word “obtained” through the word “channel”
74
24-2 5
From the word “got” through the end of the page
75
1
The word “source”
76
17-18
From the word “got” through the end of the sentence
79
5
From the word “from” through the word “counsel”
3.
Defendants or the transcriber shall file a redacted version of the transcript as a
public document within fourteen (14) days of the date hereof.
6
69
5-6
From the word “business” through the word “party”
69
12- 14
From the word “from” through the end of the sentence
69
15-16
From the word “a” through the word “program”
69
17
From the word “and” through the word “to”
69
19-22
Entire section
70
13-14
From the word “you” from the word “source”
72
5-7
From the words “you got” through the end of the sentence
72
17-18
From the words “if they” through the word “would”
74
9
From the word “obtained” through the word “channel”
74
24-25
From the word “got” through the end of the page
75
1
The word “source”
76
17-18
From the word “got” through the end of the sentence
79
5
From the word “from” through the word “counsel”
Defendants or the transcriber shall file a redacted version of the transcript as a
3.
public document within fourteen (14) days of th hereof.
Honorable Steven C. Mannion, U.S.M.J.
I
h(dy
cI
U
6
‘
OI((td
*
11
c
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?