Case 1:18-cv-12029-ADB Document 239 Filed 12/29/21 Page 1 of 7
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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-12029-ADB
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`ASSENTED-TO MOTION FOR LEAVE TO IMPOUND DEFENDANT’S
`CONFIDENTIAL AMENDED ANSWER, AFFIRMATIVE DEFENSES, AND
`COUNTERCLAIMS AND CONFIDENTIAL EXHIBITS
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`Pursuant to Local Rule 7.2(d) and the Protective Order [ECF No. 58], Defendant, Eli
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`Lilly and Company (“Lilly” or “Defendant”), hereby moves this Court for an Order to impound
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`or otherwise seal the following documents relating to Defendant’s Amended Answer,
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`Affirmative Defenses, and Counterclaims to Plaintiffs’ Complaint [ECF No. 238], on the
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`grounds that these documents contain or reveal Plaintiffs’ Teva Pharmaceuticals International
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`GmbH and Teva Pharmaceuticals USA, Inc. (“Teva” or “Plaintiffs”) and Defendant’s designated
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`confidential and/or proprietary information. Specifically, the documents to be sealed are Lilly’s
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`Amended Answer, Affirmative Defenses, and Counterclaims to Plaintiffs’ Complaint (document
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`no. 1 below) (“Lilly’s Amended Answer”), and certain exhibits thereto, each of which is listed
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`below. Defendant will coordinate with Plaintiffs to promptly prepare and file a redacted version
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`of these documents on the public ECF system. The list of documents to be sealed is as follows:
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`1. Lilly’s Amended Answer, Affirmative Defenses, and Counterclaims to Plaintiffs’
`Complaint;
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`Case 1:18-cv-12029-ADB Document 239 Filed 12/29/21 Page 2 of 7
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`2. Document produced by Teva on behalf of Joerg Zeller bearing Bates numbers
`Zeller_FREM_00015320-Zeller_FREM_00015322 and introduced as Exhibit 59 in the
`August 20, 2021 deposition of Jaume Pons (to be attached as Exhibit D to Lilly’s
`Amended Answer);
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`3. Transcript of the deposition of Joerg Zeller, taken August 11, 2021 (to be attached as
`Exhibit F to Lilly’s Amended Answer);
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`4. Document produced by Lilly bearing Bates number LLY-GALCA-00718894 (to be
`attached as Exhibit H to Lilly’s Amended Answer);
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`5. Document produced by Teva on behalf of Joerg Zeller bearing Bates numbers
`Zeller_FREM_00002542-Zeller_FREM_00002571 and introduced as Exhibit 60 in the
`August 20, 2021 deposition of Jaume Pons (to be attached as Exhibit I to Lilly’s
`Amended Answer);
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`6. Document produced by Teva on behalf of Joerg Zeller bearing Bates numbers
`Zeller_FREM_00014548-Zeller_FREM_00014578 and introduced as Exhibit 41 in the
`August 11, 2021 deposition of Joerg Zeller (to be attached as Exhibit J to Lilly’s
`Amended Answer);
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`7. Document produced by Teva on behalf of Joerg Zeller bearing Bates numbers
`Zeller_FREM_00008942-Zeller_FREM_00008944 and introduced as Exhibit 56 in the
`August 20, 2021 deposition of Jaume Pons (to be attached as Exhibit K to Lilly’s
`Amended Answer);
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`8. Document produced by Teva on behalf of Joerg Zeller bearing Bates numbers
`Zeller_FREM_00002839-Zeller_FREM_00002883 and introduced as Exhibit 61 in the
`August 20, 2021 deposition of Jaume Pons (to be attached as Exhibit L to Lilly’s
`Amended Answer);
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`9. Transcript of the deposition of Arnon Rosenthal, taken July 30, 2021 (to be attached as
`Exhibit M to Lilly’s Amended Answer);
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`10. Document produced by Lilly bearing Bates numbers LLY-GALCA-00728792-LLY-
`GALCA-00728836 and introduced as Exhibit 12 in the July 30, 2021 deposition of
`Arnon Rosenthal (to be attached as Exhibit N to Lilly’s Amended Answer);
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`11. Document produced by Teva bearing Bates numbers TEVA_FREM_002238860-
`TEVA_FREM_002238862 (to be attached as Exhibit O to Lilly’s Amended Answer);
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`12. Document produced by Teva on behalf of Joerg Zeller bearing Bates numbers
`Zeller_FREM_00004726-Zeller_FREM_00004728 and introduced as Exhibit 33 in the
`August 11, 2021 deposition of Joerg Zeller (to be attached as Exhibit P to Lilly’s
`Amended Answer);
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`2
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`Case 1:18-cv-12029-ADB Document 239 Filed 12/29/21 Page 3 of 7
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`13. Transcript of the deposition of Jaume Pons, taken August 20, 2021 (to be attached as
`Exhibit Q to Lilly’s Amended Answer);
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`14. Document produced by Teva on behalf of Kristian Poulsen bearing Bates numbers
`Poulsen_FREM_00004829-Poulsen_FREM_00004838 and introduced as Exhibit 16 in
`the August 5, 2021 deposition of Kristian Poulsen (to be attached as Exhibit R to
`Lilly’s Amended Answer);
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`15. Document produced by Teva on behalf of Kristian Poulsen bearing Bates numbers
`Poulsen_FREM_00004839-Poulsen_FREM_00004844 and introduced as Exhibit 100
`in the August 20, 2021 deposition of Jaume Pons (to be attached as Exhibit S to
`Lilly’s Amended Answer);
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`16. Transcript of the deposition of Kristian Poulsen, taken August 5, 2021 (to be attached as
`Exhibit T to Lilly’s Amended Answer);
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`17. Document produced by Lilly bearing Bates number LLY-GALCA-00708038 (to be
`attached as Exhibit U to Lilly’s Amended Answer);
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`18. Document produced by Lilly bearing Bates numbers LLY-GALCA-00707922-LLY-
`GALCA-00707923 and introduced as Exhibit 23 in the August 17, 2021 deposition of
`Yasmina Noubia Abdiche (to be attached as Exhibit V to Lilly’s Amended Answer);
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`19. Document produced by Lilly bearing Bates number LLY-GALCA-00707967and
`introduced as Exhibit 24 in the August 17, 2021 deposition of Yasmina Noubia
`Abdiche (to be attached as Exhibit W to Lilly’s Amended Answer);
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`20. Document produced by Lilly bearing Bates numbers LLY-GALCA-00707969-LLY-
`GALCA-00707970 and introduced as Exhibit 25 in the August 17, 2021 deposition of
`Yasmina Noubia Abdiche (to be attached as Exhibit X to Lilly’s Amended Answer);
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`21. Document produced by Lilly bearing Bates numbers LLY-GALCA-00708014-LLY-
`GALCA-00708017 and introduced as Exhibit 26 in the August 17, 2021 deposition of
`Yasmina Noubia Abdiche (to be attached as Exhibit Y to Lilly’s Amended Answer);
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`22. Transcript of the deposition of Yasmina Noubia Abdiche, taken August 17, 2021 (to be
`attached as Exhibit Z to Lilly’s Amended Answer);
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`23. Document produced by Lilly bearing Bates numbers LLY-GALCA-00728607-LLY-
`GALCA-00728636 and introduced as Exhibit 29 in the August 17, 2021 deposition of
`Yasmina Noubia Abdiche (to be attached as Exhibit AA to Lilly’s Amended Answer);
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`24. Document produced by Teva on behalf of Kristian Poulsen bearing Bates numbers
`Poulsen_FREM_00007191-Poulsen_FREM_00007192 and introduced as Exhibit 42 in
`the August 5, 2021 deposition of Kristian Poulsen (to be attached as Exhibit AB to
`Lilly’s Amended Answer);
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`3
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`Case 1:18-cv-12029-ADB Document 239 Filed 12/29/21 Page 4 of 7
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`25. Document produced by Teva on behalf of Joerg Zeller bearing Bates numbers
`Zeller_FREM_00000565-Zeller_FREM_00000566 and introduced as Exhibit 52 in the
`August 20, 2021 deposition of Jaume Pons (to be attached as Exhibit AC to Lilly’s
`Amended Answer);
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`26. Document produced by Lilly bearing Bates numbers LLY-GALCA-00723263-LLY-
`GALCA-00723264 and introduced as Exhibit 28 in the August 11, 2021 deposition of
`Joerg Zeller (to be attached as Exhibit AE to Lilly’s Amended Answer);
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`27. Document produced by Teva on behalf of Joerg Zeller bearing Bates number
`Zeller_FREM_00000670 and introduced as Exhibit 30 in the August 11, 2021
`deposition of Joerg Zeller (to be attached as Exhibit AF to Lilly’s Amended Answer);
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`28. Document produced by Teva on behalf of Kristian Poulsen bearing Bates numbers
`Poulsen_FREM_00004587-Poulsen_FREM_00004589 and introduced as Exhibit 17 in
`the August 5, 2021 deposition of Kristian Poulsen (to be attached as Exhibit AG to
`Lilly’s Amended Answer);
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`29. Teva’s privilege log for the production volume Zeller_FREM_0001, served September
`28, 2021 (to be attached as Exhibit AH to Lilly’s Amended Answer);
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`30. Document produced by Lilly bearing Bates number LLY-GALCA-00723065 and
`introduced as Exhibit 10 in the July 30, 2021 deposition of Arnon Rosenthal (to be
`attached as Exhibit AI to Lilly’s Amended Answer);
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`31. Document produced by Lilly bearing Bates number LLY-GALCA-00723262 and
`introduced as Exhibit 20 in the August 20, 2021 deposition of Jaume Pons (to be
`attached as Exhibit AJ to Lilly’s Amended Answer);
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`32. Document produced by Lilly bearing Bates number LLY-GALCA-00723521 (to be
`attached as Exhibit AL to Lilly’s Amended Answer);
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`33. Document produced by Teva on behalf of Joerg Zeller bearing Bates numbers
`Zeller_FREM_00010050-Zeller_FREM_00010052 and introduced as Exhibit 57 in the
`August 20, 2021 deposition of Jaume Pons (to be attached as Exhibit AM to Lilly’s
`Amended Answer);
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`34. Document produced by Lilly bearing Bates numbers LLY-GALCA-00718882-LLY-
`GALCA-00718883 and introduced as Exhibit 51 in the August 20, 2021 deposition of
`Jaume Pons (to be attached as Exhibit AN to Lilly’s Amended Answer);
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`35. Transcript of the deposition of Jennifer Stratton, taken June 29, 2021 (to be attached as
`Exhibit AQ to Lilly’s Amended Answer);
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`4
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`Case 1:18-cv-12029-ADB Document 239 Filed 12/29/21 Page 5 of 7
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`36. Document produced by Teva bearing Bates numbers TEVA_FREM_000076645-
`TEVA_FREM_000076690 and introduced as Exhibit 13 in the June 29, 2021
`deposition of Jennifer Stratton (to be attached as Exhibit AR to Lilly’s Amended
`Answer);
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`37. Teva’s Responses and Objections to Lilly’s Request for Admission No. 7, served March
`31, 2021 (to be attached as Exhibit AS to Lilly’s Amended Answer);
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`38. Document produced by Teva on behalf of Joerg Zeller bearing Bates numbers
`Zeller_FREM_00000550-Zeller_FREM_00000551 and introduced as Exhibit 32 in the
`August 11, 2021 deposition of Joerg Zeller (to be attached as Exhibit AX to Lilly’s
`Amended Answer);
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`39. Document produced by Teva on behalf of Jaume Pons bearing Bates number
`Pons_FREM_00000098 and introduced as Exhibit 44 in the August 20, 2021
`deposition of Jaume Pons (to be attached as Exhibit AZ to Lilly’s Amended Answer);
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`40. Document produced by Teva on behalf of Jaume Pons bearing Bates numbers
`Pons_FREM_00000081- Pons_FREM_00000082 and introduced as Exhibit 10 in the
`August 20, 2021 deposition of Jaume Pons (to be attached as Exhibit BA to Lilly’s
`Amended Answer);
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`41. Document produced by Teva bearing Bates numbers TEVA_FREM_000152678-
`TEVA_FREM_000152681 (to be attached as Exhibit BB to Lilly’s Amended
`Answer);
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`42. Document produced by Teva bearing Bates number TEVA_FREM_000156455 (to be
`attached as Exhibit BC to Lilly’s Amended Answer);
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`43. Document produced by Teva bearing Bates number TEVA_FREM_001178100 and
`introduced as Exhibit 5 in the August 20, 2021 deposition of Jaume Pons (to be
`attached as Exhibit BL to Lilly’s Amended Answer);
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`44. Document produced by Teva bearing Bates numbers TEVA_FREM_000159695-
`TEVA_FREM_000159696 and introduced as Exhibit 11 in the June 10, 2021
`deposition of Marcelo Bigal (to be attached as Exhibit BM to Lilly’s Amended
`Answer);
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`45. Document produced by Teva on behalf of Joerg Zeller bearing Bates numbers
`Zeller_FREM_00009875-Zeller_FREM_00009885 and introduced as Exhibit 11 in the
`August 11, 2021 deposition of Joerg Zeller (to be attached as Exhibit BN to Lilly’s
`Amended Answer);
`46. Document produced by Teva on behalf of Joerg Zeller bearing Bates numbers
`Zeller_FREM_00009687-Zeller_FREM_00009690 and introduced as Exhibit 12 in the
`August 11, 2021 deposition of Joerg Zeller (to be attached as Exhibit BR to Lilly’s
`Amended Answer);
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`5
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`Case 1:18-cv-12029-ADB Document 239 Filed 12/29/21 Page 6 of 7
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`47. Document produced by Teva on behalf of Joerg Zeller bearing Bates numbers
`Zeller_FREM_00000565-Zeller_FREM_00000566 and introduced as Exhibit 9 in the
`August 11, 2021 deposition of Joerg Zeller (to be attached as Exhibit BS to Lilly’s
`Amended Answer); and
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`48. Document produced by Lilly bearing Bates numbers LLY-GALCA-00723219-LLY-
`GALCA-00723221 and introduced as Exhibit 56 in the July 30, 2021 deposition of
`Arnon Rosenthal (to be attached as Exhibit BV to Lilly’s Amended Answer).
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`Lilly proposes that the Order sealing the documents described above be lifted only in the
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`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: December 29, 2021
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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
`
`/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
`
`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
`
`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
`
`Attorneys for Defendant Eli Lilly & Company
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`6
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`Case 1:18-cv-12029-ADB Document 239 Filed 12/29/21 Page 7 of 7
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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 December 28, 2021; Plaintiffs’ counsel stated on December 28,
`2021 that Plaintiffs do not object 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
`December 29, 2021.
`
`/s/Andrea L. Martin
`Andrea L. Martin, Esq.
`
`4874-9296-6408.1
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`7
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