Case: 1:16-cv-00651 Document #: 105 Filed: 05/08/18 Page 1 of 6 PageID #:3199
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF
`ILLINOIS EASTERN DIVISION
`
`
`
`HOSPIRA, INC.
`
`
`
`
`
`
`v.
`
`FRESENIUS KABI USA, LLC,
`
`
`Plaintiff,
`
`Defendants.
`
`
`
`
`C.A. No. 1:16-cv-00651
`C.A. No. 1:17-cv-07903
`(Consolidated)
`
`Hon. Rebecca R. Pallmeyer
`
`
`
`
`
`
`
`
`FRESENIUS KABI’S MOTION FOR LEAVE TO FILE UNDER SEAL AND REDACT
`
`Defendant Fresenius Kabi USA, LLC, by their undersigned attorneys, respectfully
`
`requests, pursuant to Local Rule 5.8 and 26.2 and Local Patent Rule 1.4, that this Court grant
`
`leave to seal Exhibits A through D, F through N, Q through R, T, V through Y, and AA to the
`
`Declaration of Tara L. Kurtis in Support of Fresenius Kabi’s Motion for Partial Summary
`
`Judgement on Prior Sale. In support of its motion for leave to seal, Fresenius Kabi states as
`
`follows:
`
`1.
`
`On March 21, 2016, this Court entered a Stipulated Protective Order that is in
`
`effect. (Dkt. 25.)
`
`2.
`
`The parties have designated certain documents as confidential or highly
`
`confidential in accordance with Paragraph 3 of the Stipulated Protective Order.
`
`3.
`
`To support its Memorandum in Support of its Motion for Partial Summary
`
`Judgment on Prior Sale, Local Rule 56.1 Statement in Support of Motion for Partial Summary
`
`Judgment, and Declaration of Tara L. Kurtis in Support of its Motion for Partial Summary
`
`Judgment on Prior Sale, Fresenius Kabi needs to reference within and attach to it Exhibits A
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF
`ILLINOIS EASTERN DIVISION
`
`
`
`HOSPIRA, INC.
`
`
`
`
`
`
`v.
`
`FRESENIUS KABI USA, LLC,
`
`
`Plaintiff,
`
`Defendants.
`
`
`
`
`C.A. No. 1:16-cv-00651
`C.A. No. 1:17-cv-07903
`(Consolidated)
`
`Hon. Rebecca R. Pallmeyer
`
`
`
`
`
`
`
`
`FRESENIUS KABI’S MOTION FOR LEAVE TO FILE UNDER SEAL AND REDACT
`
`Defendant Fresenius Kabi USA, LLC, by their undersigned attorneys, respectfully
`
`requests, pursuant to Local Rule 5.8 and 26.2 and Local Patent Rule 1.4, that this Court grant
`
`leave to seal Exhibits A through D, F through N, Q through R, T, V through Y, and AA to the
`
`Declaration of Tara L. Kurtis in Support of Fresenius Kabi’s Motion for Partial Summary
`
`Judgement on Prior Sale. In support of its motion for leave to seal, Fresenius Kabi states as
`
`follows:
`
`1.
`
`On March 21, 2016, this Court entered a Stipulated Protective Order that is in
`
`effect. (Dkt. 25.)
`
`2.
`
`The parties have designated certain documents as confidential or highly
`
`confidential in accordance with Paragraph 3 of the Stipulated Protective Order.
`
`3.
`
`To support its Memorandum in Support of its Motion for Partial Summary
`
`Judgment on Prior Sale, Local Rule 56.1 Statement in Support of Motion for Partial Summary
`
`Judgment, and Declaration of Tara L. Kurtis in Support of its Motion for Partial Summary
`
`Judgment on Prior Sale, Fresenius Kabi needs to reference within and attach to it Exhibits A
`
`
`
`Case: 1:16-cv-00651 Document #: 105 Filed: 05/08/18 Page 2 of 6 PageID #:3200
`
`through D, F through N, Q through R, T, V through Y, and AA, which have been designated
`
`highly confidential under the Stipulated Protective Order.
`
`1.
`
`Exhibit A is a copy of relevant portions of a document produced by Hospira,
`
`Bates numbered HOSPIRA_00308480-541, 00308723–26, and 00308751-56, and designated by
`
`Hospira as Confidential.
`
`2.
`
`Exhibit B is a copy of relevant portions of a document produced by Hospira,
`
`Bates numbered HOSPIRA_00312433-434, and designated by Hospira as Confidential.
`
`3.
`
`Exhibit C is a copy of relevant portions of a document produced by Hospira,
`
`Bates numbered HOSPIRA_02501571-705, and designated by Hospira as Confidential.
`
`4.
`
`Exhibit D is a copy of relevant portions of a document produced by Hospira,
`
`Bates numbered HOSPIRA_02013595, and designated by Hospira as Confidential.
`
`5.
`
`Exhibit F is a copy of relevant portions of a document produced by Hospira, Bates
`
`numbered HOSPIRA_00307943-946, and designated by Hospira as Confidential.
`
`6.
`
`Exhibit G is a copy of relevant portions of a document produced by Hospira,
`
`Bates numbered HOSPIRA_00307529-530, and designated by Hospira as Confidential.
`
`7.
`
`Exhibit H is a copy of relevant portions of a document produced by Hospira,
`
`Bates numbered HOSPIRA_00316414-422, and designated by Hospira as Confidential.
`
`8.
`
`Exhibit I is a copy of relevant portions of a document produced by Hospira, titled
`
`Hospira’s Final Response to Amended Invalidity Contentions, and designated by Hospira as
`
`Confidential.
`
`9.
`
`Exhibit J is a copy of relevant portions of a document produced by Hospira, Bates
`
`numbered HOSPIRA_02013594, and designated by Hospira as Confidential.
`
`
`
`2
`
`
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`Case: 1:16-cv-00651 Document #: 105 Filed: 05/08/18 Page 3 of 6 PageID #:3201
`
`10.
`
`Exhibit K is a copy of relevant portions of a document produced by Hospira,
`
`Bates numbered HOSPIRA_00903128-132, and designated by Hospira as Confidential.
`
`11.
`
`Exhibit L is a copy of relevant portions of a document produced by Hospira,
`
`Bates numbered HOSPIRA_00518710-729 and 00518803, and designated by Hospira as
`
`Confidential.
`
`12.
`
`Exhibit M is a copy of relevant portions of a document produced by Hospira,
`
`Bates numbered HOSPIRA_00511078-079, and designated by Hospira as Confidential.
`
`13.
`
`Exhibit N is a copy of relevant portions of a document produced by Hospira,
`
`Bates numbered HOSPIRA_02013590, and designated by Hospira as Confidential.
`
`14.
`
`Exhibit Q is a copy of relevant portions of a document produced by Hospira,
`
`Bates numbered HOSPIRA_02501827-837, and designated by Hospira as Confidential.
`
`15.
`
`Exhibit R is a copy of relevant portions of a document produced by Hospira,
`
`Bates numbered HOSPIRA_02501093-144, 167-74, and 555-56, and designated by Hospira as
`
`Confidential.
`
`16.
`
`Exhibit T is a copy of relevant portions of a document produced by Hospira,
`
`Bates numbered HOSPIRA_02501064-092, and designated by Hospira as Confidential.
`
`17.
`
`Exhibit V is a copy of relevant portions of a document produced by Hospira,
`
`Bates numbered HOSPIRA_01768591-600, and designated by Hospira as Confidential.
`
`18.
`
`Exhibit W is a copy of relevant portions of a document produced by Hospira,
`
`Bates numbered HOSPIRA_00356709-712, and designated by Hospira as Confidential.
`
`19.
`
`Exhibit X is a copy of relevant portions of a document produced by Hospira,
`
`Bates numbered HOSPIRA_00356713-721, and designated by Hospira as Confidential.
`
`
`
`3
`
`
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`Case: 1:16-cv-00651 Document #: 105 Filed: 05/08/18 Page 4 of 6 PageID #:3202
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`20.
`
`Exhibit Y Hospira’s is a copy of relevant portions of a document produced by
`
`Hospira, titled Responses to Defendant Fresenius Kabi’s Third Set of Interrogatories (Nos. 14-
`
`16), and designated by Hospira as Confidential.
`
`21.
`
`Exhibit AA is a copy of relevant portions of a document produced by Hospira,
`
`Bates numbered HOSPIRA_02501708-805, and designated by Hospira as Confidential.
`
`22.
`
`Information contained in Exhibits A through D, F through N, Q through R, T, V
`
`through Y, and AA have been designated highly confidential by Hospira. Accordingly, under
`
`the Stipulated Protective Order, Fresenius Kabi may not disclose this information on the public
`
`docket.
`
`23.
`
`Pursuant to Local Rule 26.2 and this Court’s standing order, Fresenius Kabi will
`
`separately deliver to the Court Exhibits A through D, F through N, Q through R, T, V through Y,
`
`and AA for in camera review.
`
`24.
`
`Fresenius Kabi respectfully requests that the Court permit it to file Exhibits A
`
`through D, F through N, Q through R, T, V through Y, and AA under seal and to redact portions
`
`of the Memorandum in Support of its Motion for Partial Summary Judgment on Prior Sale and
`
`Rule 56.1 Statement of Facts in Support of its Motion for Partial Summary Judgment as
`
`permitted under Paragraph 7 of the Stipulated Protective Order (permitting party to move the
`
`Court to seal confidential or highly confidential documents).
`
`WHEREFORE, Defendant Fresenius Kabi USA, LLC requests that this Court enter an
`
`order granting leave to seal Exhibits A through D, F through N, Q through R, T, V through Y,
`
`and AA, redact portions of the Memorandum in Support of its Motion for Partial Summary
`
`Judgment on Prior Sale, redact portions of the Rule 56.1 Statement of Facts in Support of its
`
`Motion for Partial Summary Judgment, and to grant such further relief as is just.
`
`
`
`4
`
`
`
`Case: 1:16-cv-00651 Document #: 105 Filed: 05/08/18 Page 5 of 6 PageID #:3203
`
`
`
`Dated: May 8, 2018
`
`Respectfully submitted,
`
`__/s/ Imron T. Aly
`Imron T. Aly (IL Bar No. 6369322)
`Kevin M. Nelson (IL Bar No. 6275586)
`Joel M. Wallace (IL Bar No. 6304223)
`Tara M. Kurtis (IL Bar No. 6323880)
`Emily M. Peña (IL Bar No. 6321281)
`SCHIFF HARDIN LLP
`233 South Wacker Drive, Suite 6600
`Chicago, Illinois 60606
`(312) 258-5500
`ialy@schiffhardin.com
`knelson@schiffhard.com
`jwallace@schiffhardin.com
`tkurtis@schiffhardin.com
`epena@schiffhardin.com
`
`Counsel for Defendant Fresenius Kabi USA, LLC
`
`
`
`
`5
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`
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`Case: 1:16-cv-00651 Document #: 105 Filed: 05/08/18 Page 6 of 6 PageID #:3204
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`CERTIFICATE OF SERVICE
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`
`
`I, Tara Kurtis, an attorney at the law firm of Schiff Hardin LLP, hereby certify that on
`
`May 8, 2018, I caused a true and correct copy of the foregoing FRESENIUS KABI’S MOTION
`
`FOR LEAVE TO FILE UNDER SEAL AND REDACT to be electronically served on counsel of
`
`record via the Court’s CM/ECF system.
`
`
`
`/s/ Tara Kurtis
`Tara Kurtis
`
`
`
`
`
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