`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
`
`
`TEVA PHARMACEUTICALS
`INTERNATIONAL GMBH and
`TEVA PHARMACEUTICALS
`USA, INC.,
`
`Plaintiffs,
`
`
`v.
`
`ELI LILLY AND COMPANY,
`Defendant.
`
`
`
`
`
`
`Civil Action No.
`1:18-cv-12029-ADB
`
`
`
`UNCONTESTED MOTION FOR LEAVE TO IMPOUND CONFIDENTIAL
`PORTIONS OF PLAINTIFFS’ OPPOSITION TO MOTION TO EXCLUDE
`DR. GEOFFREY HALE AS AN EXPERT AND EXHIBITS
`
`Pursuant to Local Rule 7.2(d) and the Protective Order (ECF No. 58), Plaintiffs Teva
`
`
`
`Pharmaceuticals International GmbH and Teva Pharmaceuticals USA, Inc. (together, “Plaintiffs”
`
`or “Teva”) hereby move this Court for an Order to impound or otherwise seal the following
`
`documents related to Plaintiffs’ forthcoming Opposition to Motion to Exclude Dr. Geoffrey Hale
`
`as an Expert, on the grounds these documents contain or reveal the designated confidential and/or
`
`proprietary information of Plaintiffs and Defendant Eli Lilly and Company (“Defendant”).
`
`Specifically, the documents to be sealed are Plaintiffs’ Opposition (document No. 1 below), the
`
`Declaration of Dr. Geoffrey Hale (document No. 2 below), and certain exhibits to the Declaration
`
`of Elaine Herrmann Blais in support of Plaintiffs’ Opposition (“Blais Declaration”), each of which
`
`is listed below. Plaintiffs will coordinate with Defendant to promptly prepare and file a redacted
`
`version of Plaintiffs’ Opposition on the public ECF system. The list of documents to be sealed is
`
`as follows:
`
`
`
`1
`
`
`
`Case 1:18-cv-12029-ADB Document 188 Filed 10/19/21 Page 2 of 4
`
`1.
`
`Plaintiffs Teva Pharmaceuticals International GmbH and Teva Pharmaceuticals
`USA, Inc.’s Opposition to Motion to Exclude Dr. Geoffrey Hale as an Expert;
`
`2. Declaration of Dr. Geoffrey Hale in support of Plaintiffs Teva Pharmaceuticals
`International GmbH and Teva Pharmaceuticals USA, Inc.’s Opposition to Motion to
`Exclude Dr. Geoffrey Hale as an Expert;
`
`3.
`
`4.
`
`5.
`
`Email from Ryan O’Quinn to Teva Counsel, dated October 14, 2021 (to be attached
`as Exhibit B to Blais Declaration);
`
`Email from Ryan O’Quinn to Teva Counsel, dated October 18, 2021 (to be attached
`as Exhibit C to Blais Declaration); and
`
`Email communication between Teva and Lilly Counsel, dated October 8, 2021 (to be
`attached as Exhibit D to Blais Declaration).
`
`Plaintiffs propose that the Order sealing Plaintiffs’ Opposition to Motion to Exclude Dr.
`
`Geoffrey Hale as an Expert and the exhibits described above be lifted only in the instance of a
`
`further order of the Court, and that the sealed documents be kept in the clerk’s nonpublic
`
`information file during any post-impoundment period.
`
`WHEREFORE, Plaintiffs respectfully request that this Court allow this Motion.
`
`
`
`
`
`
`2
`
`
`
`Case 1:18-cv-12029-ADB Document 188 Filed 10/19/21 Page 3 of 4
`
`Respectfully Submitted,
`
`/s/ Elaine Herrmann Blais
`Douglas J. Kline (BBO# 556680)
`Elaine Herrmann Blais (BBO# 656142)
`Robert Frederickson III (BBO# 670111)
`Joshua S. Weinger (BBO# 690814)
`Alexandra Lu (BBO# 691114)
`Eric T. Romeo (BBO# 691591)
`Kathleen A. McGuinness (BBO# 693760)
`Shaobo Zhu (BBO# 697669)
`GOODWIN PROCTER LLP
`100 Northern Avenue
`Boston, MA 02210
`Tel.: (617) 570-1000
`Fax: (617) 523-1231
`dkline@goodwinlaw.com
`eblais@goodwinlaw.com
`rfrederickson@goodwinlaw.com
`jweinger@goodwinlaw.com
`alu@goodwinlaw.com
`eromeo@goodwinlaw.com
`kmcguinness@goodwinlaw.com
`szhu@goodwinlaw.com
`
`I. Neel Chatterjee (pro hac vice)
`GOODWIN PROCTER LLP
`601 Marshall St.
`Redwood City, CA 94063
`Tel.: (650) 752-3100
`Fax: (650) 853-1038
`nchatterjee@goodwinlaw.com
`
`Natasha E. Daughtrey (pro hac vice)
`GOODWIN PROCTER LLP
`601 S. Figueroa St.
`Los Angeles, CA 90017
`Tel.: (213) 426-2500
`Fax: (213) 623-1673
`ndaughtrey@goodwinlaw.com
`
`Attorneys for Plaintiffs
`
`
`Dated: October 19, 2021
`
`
`
`
`
`
`
`3
`
`
`
`Case 1:18-cv-12029-ADB Document 188 Filed 10/19/21 Page 4 of 4
`
`
`
`LR 7.1(a)(2) CERTIFICATION
`
`I, Elaine Herrmann Blais, hereby certify that Plaintiffs’ counsel conferred with Defendant’s
`
`counsel regarding this motion and that Defendant’s counsel indicated that Defendant does not
`
`object to this motion.
`
`
`
`
`
`/s/ Elaine Herrmann Blais
`Elaine Herrmann Blais
`
`CERTIFICATE OF SERVICE
`
`I, Elaine Hermann Blais, 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 19, 2021.
`
`
`
`
`
`
`
`/s/ Elaine Herrmann Blais
`Elaine Herrmann Blais (BBO# 656142)
`GOODWIN PROCTER LLP
`100 Northern Avenue
`Boston, MA 02210
`Tel.: (617) 570-1000
`Fax: (617) 523-1231
`eblais@goodwinlaw.com
`
`4
`
`
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