Free Order on Motion to Seal - District Court of Delaware - Delaware

Case 1 :08-cv—00359-JJ F-LPS Document 38 Filed 04/08/2008 Page 1 of 2
Case 3:07-cv-0B020·MLC—JJH C Document 25-4 Filed 03/07/2008 Page 1 of E
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
ASTRAZZEN ECA PHARMACEUTICALS Civil Action No. 3:07-cv-045020-MLC—JJH
. LP, ASTRAZENECA UK LIMITED, IPR :
PHARNIACEUTICALS, INC., and :
SHIONOGI SEIYAKU KABUSHIKI : — ORDER
KAISHA, :
Plaintiffs, R E C E I V D
“‘ APR U B 2093
AUROBINDO Pl-1AR.l'•/IA LIMITED, and : AT BA
AUROBINDO PHARMA USA INC. : ,)§[LE M
2 CLERK
Defendants. :
Upon Plaintiffs AstraZeneca Pharmaceuticals LP, AstraZeneca UK. Limited, IPR
Pharmaceuticals, Inc., and Shionogi Seiyalcu Kabushiki Kaisha’s ("Plaintiffs’”) application for
the entry of an Order, pursuant to Local Civil Rule 5.3(c), providing for the sealing of the
Exhibits I-4 to the Declaration of Jonathan lvl. H. Short and Plaintiffs’ Opposition Brief, all
submitted in support of Plaintifts’ Opposition to Del`endants’ Motion to Dismiss tiled on March
7, 2008, and the Court having considered the papers submitted in support of this Motion, the
Court hereby finds:
l. Through discovery in this case, the parties have produced confidential
information, the public disclosure of which could affect legitimate business interests. To protect
the confidentiality of this information, the parties agreed to maintain the confidentiality of any
produced materials pursuant an agreement between the parties (the “‘Agreement").
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Case 1 :08-cv—00359-JJF-LPS Document 38 Filed 04/08/2008 Page 2 of 2
Case 3:07-cv-06020-MLC—JJH Document 25-4 Filed 03/07/2008 Page 2 of 2
2. The Agreement provides that a party wishing to use material designated “Highly
Contidential/Attomeys‘ Eyes Only" in a submission filed with the Court must move pursuant to
Local Rule 5.3 for leave to file the submission under seal.
3. Plaintiffs have tiled Plaintiffs’ Brief in Opposition to Defend2.nts’ Motion to
Dismiss and accompanying exhibits on March 7, 2008. These documents arb referred to herein
as the "Confidential Materials?
4. The Contidential Materials contains information that has been designated as
“Highly Confidential/Attomeys Eyes Only" or otherwise "Confidentia1” by Defendants as well
as informatio·n that is already subject to the Order to Seal entered by the Court on March 5, 2008
(Docket No. 23).
5. Plaintiffs have complied with the terms of the Agreement by moving to seal the
Contidential Materials pursuant to L.Civ.R. 5.3(c).
6. The information in the Contidential Materials satisfies the standards set forth in
L.Civ,R. 5.3. The public relea.se of this material, which includes confidential and proprietary
business information would greatly harm the Defendants’ competitive and business interests.
There is no less restrictive alternative 122 the sealing of tl1is material.
THEREFORE, it is this-7 day of , 2008
ORDERED that Motion to Seal Pursuant to Local Rule 5.3 is hereby granted; and
IT IS FURTHER ORDERED that the Clerk is hereby directed to seal the Contidential
Materials. L
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Case 1:08-cv-00359-JJF-LPS

Document 38

Filed 04/08/2008

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Case 1:08-cv-00359-JJF-LPS

Document 38

Filed 04/08/2008

Page 2 of 2