`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF
`ILLINOIS EASTERN DIVISION
`
`
`HOSPIRA, INC.
`
`
`
`
`
`
`
`
`v.
`
`FRESENIUS KABI USA, LLC,
`
`
`
`
`
`
`
`
`C.A. No. 1:16-cv-00651
`C.A. No. 1:17-cv-07903
`(Consolidated)
`
`Hon. Rebecca R. Pallmeyer
`
`
`
`Plaintiff,
`
`Defendant.
`
`MOTION TO SEAL FRESENIUS KABI’S MOTION TO COMPEL THE PRODUCTION
`OF DOCUMENTS RELATED TO IRREPARABLE HARM FROM HOSPIRA, INC.
`
`Defendant Fresenius Kabi USA, LLC, by its undersigned counsel, respectfully requests,
`
`pursuant to Local Rule 5.8 and 26.2 and Local Patent Rule 1.4, that this Court grant leave to seal
`
`portions of Fresenius Kabi’s Motion to Compel the Production of Documents Related to
`
`Irreparable Harm from Hospira, Inc. and the two Exhibits attached to the motion. 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. (See D.I. 25, 16-cv-651.)
`
`2.
`
`The Stipulated Protective Order allows Confidential Information, including non-
`
`public business plans and competitively sensitive business information, to be filed under seal.
`
`(D.I. 25, 1:16-cv-00651 at ¶¶ 2(d)(i), 12-13, 16.)
`
`3.
`
`Fresenius Kabi’s Motion to Compel the Production of Documents Related to
`
`Irreparable Harm from Hospira, Inc. contains non-public business plans and competitively
`
`sensitive business information which may be filed under seal. Specifically, the motion contains
`
`non-public information related to (1) FDA approval of Fresenius Kabi’s ANDA; (2) the timing
`
`
`
`Case: 1:16-cv-00651 Document #: 171 Filed: 11/09/18 Page 2 of 3 PageID #:6093
`
`of Fresenius Kabi’s potential launch of its ANDA product; and (3) the contents of Hospira’s
`
`confidential business documents.
`
`4.
`
`Pursuant to Local Rule 26.1 and this Court’s standing order, Fresenius Kabi will
`
`separately deliver to the Court unredacted and full versions of the Motion and Exhibits for in
`
`camera review.
`
`5.
`
`Fresenius Kabi respectfully requests that the Court permit filing of Fresenius
`
`Kabi’s Motion to Compel the Production of Documents Related to Irreparable Harm from
`
`Hospira, Inc. under seal, and to grant such further relief as is just.
`
`
`
`Dated: November 9, 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 L. Kurtis (IL Bar No. 6323880)
`233 South Wacker Drive, Suite 7100
`Chicago, Illinois 60606
`(312) 258-5500
`ialy@schiffhardin.com
`kwarner@schiffhardin.com
`jwallace@schiffhardin.com
`tkurtis@schiffhardin.com
`
`Ahmed M.T. Riaz (pro hac vice)
`666 5th Avenue, 17th Floor
`New York, NY 10103
`(212) 753-5000
`ariaz@schiffhardin.com
`
`Attorneys for Defendant Fresenius Kabi USA,
`LLC
`
`2
`
`
`
`Case: 1:16-cv-00651 Document #: 171 Filed: 11/09/18 Page 3 of 3 PageID #:6094
`
`CERTIFICATE OF SERVICE
`
`I, Joel M. Wallace, an attorney at the law firm of Schiff Hardin LLP, hereby certify that
`
`on November 9, 2018, I caused a true and correct copy of the foregoing MOTION TO SEAL
`
`FRESENIUS KABI’S MOTION TO COMPEL THE PRODUCTION OF DOCUMENTS
`
`RELATED TO IRREPARABLE HARM FROM HOSPIRA, INC. to be electronically served on
`
`counsel of record via the Court’s CM/ECF system.
`
`
`
` /s/ Joel M. Wallace
`Joel M. Wallace
`
`
`
`
`
`
`
`
`
`CH2\21512486.1
`
`
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