CELGENE CORPORATION v. NATCO PHARMA LIMITED, No. 2:2010cv05197 - Document 374 (D.N.J. 2014)
Court Description: 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)
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CELGENE CORPORATION v. NATCO PHARMA LIMITED Doc. 374 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 Dockets.Justia.com 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
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