Case 1:18-cv-12029-ADB Document 173 Filed 10/04/21 Page 1 of 4
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
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`TEVA PHARMACEUTICALS
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`INTERNATIONAL GMBH and
`TEVA PHARMACEUTICALS USA, INC.
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`Plaintiffs,
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`v.
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`ELI LILLY AND COMPANY
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`Defendant.
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`Case No. 1:18-cv-10242-ADB
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`ASSENTED-TO MOTION FOR LEAVE TO IMPOUND CONFIDENTIAL EXHIBITS
`TO DEFENDANT’S MOTION FOR LEAVE TO AMEND ANSWER
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`Pursuant to Local Rule 7.2(d) and the Protective Order [Dkt 58], Defendant, Eli Lilly and
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`Company (“Lilly” or “Defendant”), hereby moves this Court for an Order to impound or otherwise
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`seal the following documents relating to Lilly’s forthcoming Motion for Leave to Amend Answer,
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`on the grounds that these documents contain or reveal Plaintiffs’ Teva Pharmaceuticals
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`International GmbH and Teva Pharmaceuticals USA, Inc. (“Teva” or “Plaintiffs”) and Lilly’s
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`designated confidential and/or proprietary information. Specifically, the documents to be sealed
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`are Lilly’s Memorandum of Law In Support of Eli Lilly and Company’s Motion for Leave to
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`Amend Answer (document no. 1 below) (“Lilly’s Memorandum”), exhibits to Lilly’s
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`Memorandum and exhibits to the Declaration of Emily R. Gabranski in support of Lilly’s Motion
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`for Leave to Amend Answer (“Gabranski Declaration”), each of which is listed below. Lilly will
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`coordinate with Plaintiffs to promptly prepare and file a redacted version of Lilly’ Memorandum
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`on the public ECF system. The list of documents to be sealed is as follows:
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`Case 1:18-cv-12029-ADB Document 173 Filed 10/04/21 Page 2 of 4
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`1. Memorandum of Law In Support of Defendant Eli Lilly and Company’s Motion for Leave
`to Amend Answer;
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`2. Eli Lilly and Company’s Amended Answer (to be attached as Exhibit A to Lilly’s
`Memorandum);
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`3. Eli Lilly and Company’s Amended Answer (redlined version) (to be attached as Exhibit
`B to Lilly’s Memorandum);
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`4. List of documents produced in this matter and cited in Eli Lilly and Company’s Amended
`Answer (to be attached as Exhibit C to Lilly’s Memorandum);
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`5. Document produced by Teva on behalf of Joerg Zeller bearing Bates numbers
`Zeller_FREM_00014548-78 (to be attached as Exhibit 1 to Gabranski Declaration);
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`6. Document produced by Pfizer to Lilly pursuant to a document subpoena bearing Bates
`numbers on behalf of Joerg Zeller bearing Bates numbers LLY-GALCA-0071882-83
`and introduced as Exhibit 51 in the August 20, 2021 deposition of Jaume Pons (to be
`attached as Exhibit 2 to Gabranski Declaration);
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`7. Document produced by Teva on behalf of Joerg Zeller bearing Bates numbers
`Zeller_FREM_00002542-71 and introduced as Exhibit 60 in the August 20, 2021
`deposition of Jaume Pons (to be attached as Exhibit 3 to Gabranski Declaration);
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`8. Teva’s objections and responses to Lilly’s Interrogatory Nos. 1-9 and 15-18, served
`September 11, 2020 (to be attached as Exhibit 4 to Gabranski Declaration);
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`9. Document produced by Teva bearing Bates numbers TEVA_FREM_002234595-605 and
`introduced as Exhibit 66 in the August 20, 2021 deposition of Jaume Pons (to be attached
`as Exhibit 5 to Gabranski Declaration);
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`10. Document produced by Teva bearing Bates numbers TEVA_FREM_002543790-852 (to
`be attached as Exhibit 6 to Gabranski Declaration);
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`11. Teva’s objections and responses to Lilly’s Request for Production Nos. 1-56, served
`September 4, 2020 (to be attached as Exhibit 7 to Gabranski Declaration);
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`12. Email from Lulu Wang to Eric Romeo et al., dated August 24, 2020 (to be attached as
`Exhibit 8 to Gabranski Declaration);
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`13. Letter from Natasha Daughtrey to Emily Gabranski, dated February 11, 2021 (to be
`attached as Exhibit 9 to Gabranski Declaration);
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`14. Letter from Natasha Daughtrey to Amana Abdulwakeel, dated December 3, 2020 (to be
`attached as Exhibit 10 to Gabranski Declaration);
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`Case 1:18-cv-12029-ADB Document 173 Filed 10/04/21 Page 3 of 4
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`15. Letter from Emily Gabranski to Natasha Daughtrey, dated January 20, 2021 (to be attached
`as Exhibit 11 to Gabranski Declaration);
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`numbers
`bearing Bates
`by Teva
`produced
`document
`a
`of
`16. Excerpt
`TEVA_FREM_002238860-67 (to be attached as Exhibit 12 to Gabranski Declaration);
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`17. Letter from Amana Abdulwakeel to Natasha Daughtrey, dated March 8, 2021 (to be
`attached as Exhibit 13 to Gabranski Declaration);
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`18. Letter from Natasha Daughtrey to Amana Abdulwakeel, dated April 6, 2021 (to be
`attached as Exhibit 14 to Gabranski Declaration);
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`19. Letter from Elaine Blais to Emily Gabranski, dated May 12, 2021 (to be attached as
`Exhibit 15 to Gabranski Declaration);
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`20. Email from Shaobo Zhu to Ryan O’Quinn et al., dated June 29, 2021 (to be attached as
`Exhibit 16 to Gabranski Declaration); and
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`21. Excerpted transcript of the deposition of Jaume Pons, taken August 20, 2021 (to be
`attached as Exhibit 17 to Gabranski Declaration).
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`Lilly proposes that the Order sealing and the documents described above be lifted only in
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`the instance of a further order of the Court, and that the sealed documents be kept in the clerk’s
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`nonpublic information file during any post-impoundment period.
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`WHEREFORE, Defendant respectfully requests that this Court allow this Motion.
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`Dated: October 4, 2021
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`/s/Andrea L. Martin
`Andrea L. Martin (BBO 666117)
`BURNS & LEVINSON LLP
`125 High Street
`Boston, MA 02110-1624
`(617) 345-3000
`amartin@burnslev.com
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`Case 1:18-cv-12029-ADB Document 173 Filed 10/04/21 Page 4 of 4
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`William B. Raich
`Danielle A. Duszczyszyn
`Denise Main
`Pier D. DeRoo
`Daniel F. Roland
`Matthew Luneack
`Yoonjin Lee
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`901 New York Avenue, NW
`Washington, DC 20001-4413
`William.Raich@finnegan.com
`Danielle.Duszczyszyn@finnegan.com
`Denise.Main@finnegan.com
`Pier.DeRoo@finnegan.com
`Daniel.Roland@finnegan.com
`Matthew.Luneack@finnegan.com
`Yoonjin.Lee@finnegan.com
`
`Charles E. Lipsey
`Ryan O’Quinn
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`1875 Explorer Street
`Suite 800
`Reston, VA 20190-6023
`Charles.Lipsey@finnegan.com
`Oquinnr@finnegan.com
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`Emily R. Gabranski (BBO 694417)
`Marta Garcia Daneshvar
`Lulu Wang (BBO 704042)
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`2 Seaport Lane
`Boston, MA 02210-2001
`Emily.Gabranski@finnegan.com
`Marta.Garcia@finnegan.com
`Lulu.Wang@finnegan.com
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`Attorneys for Defendant Eli Lilly & Company
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`LR 7.1(a)(2) CERTIFICATION
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`I, Andrea L. Martin, hereby certify that Lilly’s counsel met and conferred with Plaintiffs’
`counsel regarding this motion on September 30, 2021; Plaintiffs’ counsel stated on September
`30, 2021 that Plaintiffs do not object/assent to this motion.
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`/s/Andrea L. Martin
`Andrea L. Martin, Esq.
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`CERTIFICATE OF SERVICE
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`I, Andrea L. Martin, hereby certify that this document filed through the ECF system will
`be sent electronically to the registered participants as identified on the Notice of Electronic Filing
`(NEF) and paper copies will be sent to those indicated as non-registered participants on October
`4, 2021.
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`/s/Andrea L. Martin
`Andrea L. Martin, Esq.
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`4813-0135-6285.1
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