Trudell Medical International v. D R Burton Healthcare, LLC

Filing 216

ORDER granting 189 Motion to Redact 187 Transcript, 188 Transcript. Signed by Magistrate Judge Kimberly A. Swank on 6/28/2021. (Stouch, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
No. 4:18-CV-9-BO
TRUDELL MEDICAL INTERNATIONAL,
Plaintiff,
v.
D R BURTON HEALTHCARE LLC,
Defendant.

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ORDER

This matter is before the court on Plaintiff’s unopposed motion to redact
certain portions of the transcript of the claim construction hearing held in this matter
on October 22 and 23, 2020. Plaintiff seeks to the specified portions of the transcript
on the ground they concern proprietary information produced by Plaintiff and
excerpts from deposition transcripts of Plaintiff’s inventors of the ’588 Patent
containing confidential business and technical information, all of which were sealed
or redacted in connection with the parties’ claim construction briefing pursuant to
the court’s February 12, 2020 order [DE #139]. (Pl.’s Mot. React Tr. [DE #189] at 12.)
For the reasons set forth in Plaintiff’s motion, the court finds that the public’s
right of access is outweighed by Plaintiff’s compelling interests in protecting against
competitive and/or financial harm to Plaintiff were such information made public. In

re Knight Publ’g Co., 743 F.2d 231 (4th Cir. 1984). Public notice of Plaintiff’s request
to seal and a reasonable opportunity to object have been provided by the filing of its

motion, and no objections have been filed with the court. Plaintiff has narrowly
tailored its request to remove only information that is sensitive and confidential and
not otherwise publicly known. Plaintiff’s motion is therefore allowed.
CONCLUSION
For the foregoing reasons, Plaintiff’s Motion to Redact Transcript [DE #189] is
GRANTED. The docketed transcript [DE ##187 188] shall be SEALED, and the court
reporter shall submit for public filing a transcript with the following redactions:

Transcript of Proceedings on October 22, 2020

Page:Line(s)
L
15:19-21

Identifiers (when less than entire line is to redacted)
s
i

15:25

From “where” to the end of line 25

16:1-3

Ending with the word before “It’s” on line 3

16:12-17

From “a” on line 12 to the end of line 17

17:17

From the word after “know” to the word before “or”

18:3-5

From “Mr.” on line 3 to the end of line 5

18:22-25

From “characterize” on line 22 to the end of line 25

19:1-19
19:21-22

From “Document” to the end of line 22

20:2-3

From the beginning of line 2 to the word before “And” on line 3

26:1-4

From the beginning of line 1 to the word before “Okay” on line 4

2

Transcript of Proceedings on October 22, 2020

Page:Line(s)
L
26:9-13

Identifiers (when less than entire line is to redacted)
s
i

27:1-3

From “what” to the end of line 3

27:8-10

From the word after “described” to the word “application”

43:3-15

From the word after “was” to the end of line 15

44:8-14

From “So” to the end of line 14

44:16-20

From “they” to the end of line 20

45:5-7

From “that” to the end of line 7

46:6-8

From the beginning of line 6 to the word before “So” on line 8

46:10-23

From the word after “inventor” on line 10 to the end of line 23

47:5-7

From “Now” to the word before “So” on line 7

50:4-10
53:14-16

From the beginning of line 14 to “structure”

54:9-21

From “That” to the end of line 21

58:24-25

From “In” to the end of line 25

59:1-4

From the beginning of line 1 to “page 4” on line 4

59:11-17

From the beginning of line 1 to the word before “and” on line 17

3

Transcript of Proceedings on October 23, 2020

Page:Line(s)
L
13:7-11

Identifiers (when less than entire line is to redacted)
s
i

34:15-25

From “describe” to the end of line 25

35:1-5

From the beginning of line 1 to the word before “And” on line 5

35:10

From “a” to the word before “and”

35:22-25
36:7-10

From the beginning of line 22 to the word before “And” on line
25
From the beginning of line 7 to the word before “We” on line 10

41:10-11

From “There’s” on line 10 to the word before “at” on line 11

This 28th day of June 2021.
__________________________________________
_______________________________
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KIMBERLY A. SWANK
LY
LY
United States Magistrate Judge

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