TIBOTEC INC. et al v. LUPIN LIMITED et al

Filing 620

ORDER granting 481 Motion to Seal (ECF No. 477) by LUPIN LIMITED, LUPIN PHARMACEUTICALS INC., MYLAN INC., MYLAN PHARMACEUTICALS INC.. Signed by Magistrate Judge Cathy L. Waldor on 12/23/13. (DD, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
JANSSEN PRODUCTS, L.P., et al.,
Plaintiffs,
v.

Civ. Action No. l0-cv-5954-WHW-CLW
Hon. William H. Walls
Hon. Cathy L. Waldor

LUPIN LIMITED, et al.,
Defendants.

ORDER TO SEAL
THIS MATTER having been opened to the Court by the application of Defendants,
Lupin Limited, Lupin Pharmaceuticals Inc., Mylan Pharmaceuticals Inc. and Mylan Inc.
(collectively, “Defendants”), for an order sealing portions of the first full paragraph on page 3 of
the October 15, 2013 Opinion (ECF 477), and the Court having considered the papers submitted,
and for good cause shown;
IT IS on this 23i-day of

,2013,

ORDERED as follows:
1.

The parties’ application to seal be and is hereby GRANTED.

2.

The October 15, 2013 Opinion (“10/15/13 Opinion”) contains confidential and

proprietary information that is protected from disclosure under the Discovery Confidentiality
Order.
3.

Specifically, portions of the first full paragraph on page 3 of the 10/15/13 Opinion

contains confidential and proprietary information as set forth in the Declaration submitted by

4.

Public disclosure of non-public confidential and proprietary information
would

cause the Defendants competitive injury within the industry becaus
e competitors in the
marketplace could utilize the information to gain an unfair competitive
advantage to the
Defendants and to the detriment of the Defendants.

5.

The interests of the public that warrant granting the within application includ
e the

interest of not burdening the litigants’ access to the Court by requiring
public disclosure of
valuable confidential and proprietary information as a condition of litigati
ng their rights.
6.

The clearly defined and serious injury that would result should the
within

application not be granted is that confidential and proprietary information
will be available to
competitors of the Defendants who would unjustly gain access to the confid
ential and proprietary
information.
7.

The within application complies with Local Civil Rule 5.3(c)(2).

8.

The 10/15/13 Opinion in unredacted form shall be maintained under seal by
the

Clerk of the Court.
9.

Defendants will file publicly with the Court a redacted version of the 10/15/
i3

Opinion on or before

7) 2b/,

HON.

2

L. WALDOR, U.S.M.J.