Case 1:18-cv-12029-ADB Document 338 Filed 05/05/22 Page 1 of 5
`
`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
`
`
`ASSENTED TO MOTION FOR LEAVE TO IMPOUND
`CONFIDENTIAL PORTIONS OF PLAINTIFFS’ OPPOSITIONS TO DEFENDANT ELI
`LILLY’S MOTIONS FOR SUMMARY JUDGMENT AND DAUBERT MOTIONS
`
`
`
`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’ Oppositions to Defendant Eli Lilly and Company’s Motions for
`
`Summary Judgment and Daubert Motions, on the grounds that these documents contain or reveal
`
`the designated confidential and/or proprietary information of Plaintiffs and Defendant Eli Lilly
`
`and Company. Specifically, the documents to be sealed are Plaintiffs’ Memoranda in Opposition,
`
`Declarations, and Exhibits. Plaintiffs will coordinate with Defendant to promptly prepare and file
`
`redacted versions of Plaintiffs’ documents on the public ECF system. The list of documents to be
`
`sealed is as follows:
`
`1.
`Plaintiffs’ Opposition to Defendant Eli Lilly and Company’s Daubert Motion to
`Partially Exclude Testimony of Dr. Elan Rubinstein and Dr. Mark Berkman;
`
`2.
`Exhibits to be attached to the Declaration of Elaine Herrmann Blais in Support of
`Plaintiffs’ Opposition to Eli Lilly and Company’s Daubert Motion to Partially Exclude Testimony
`of Dr. Elan Rubinstein and Dr. Mark Berkman;
`
`
`
`1
`
`
`
`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
`
`
`ASSENTED TO MOTION FOR LEAVE TO IMPOUND
`CONFIDENTIAL PORTIONS OF PLAINTIFFS’ OPPOSITIONS TO DEFENDANT ELI
`LILLY’S MOTIONS FOR SUMMARY JUDGMENT AND DAUBERT MOTIONS
`
`
`
`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’ Oppositions to Defendant Eli Lilly and Company’s Motions for
`
`Summary Judgment and Daubert Motions, on the grounds that these documents contain or reveal
`
`the designated confidential and/or proprietary information of Plaintiffs and Defendant Eli Lilly
`
`and Company. Specifically, the documents to be sealed are Plaintiffs’ Memoranda in Opposition,
`
`Declarations, and Exhibits. Plaintiffs will coordinate with Defendant to promptly prepare and file
`
`redacted versions of Plaintiffs’ documents on the public ECF system. The list of documents to be
`
`sealed is as follows:
`
`1.
`Plaintiffs’ Opposition to Defendant Eli Lilly and Company’s Daubert Motion to
`Partially Exclude Testimony of Dr. Elan Rubinstein and Dr. Mark Berkman;
`
`2.
`Exhibits to be attached to the Declaration of Elaine Herrmann Blais in Support of
`Plaintiffs’ Opposition to Eli Lilly and Company’s Daubert Motion to Partially Exclude Testimony
`of Dr. Elan Rubinstein and Dr. Mark Berkman;
`
`
`
`1
`
`
`
`Case 1:18-cv-12029-ADB Document 338 Filed 05/05/22 Page 2 of 5
`
`3.
`Plaintiffs’ Opposition to Eli Lilly and Company’s Motion for Summary Judgment
`of Invalidity for Lack of Written Description;
`
`4.
`L.R. 56.1 Responsive Statement of Material Facts in support of Plaintiffs’
`Opposition to Defendant’s Motion for Summary Judgment for Lack of Written Description;
`
`5.
`Plaintiffs’ Opposition to Eli Lilly and Company’s Motion for Summary Judgment
`of Invalidity for Lack of Enablement;
`
`6.
`L.R. 56.1 Responsive Statement of Material Facts in support of Plaintiffs’
`Opposition to Defendant’s Motion for Summary Judgment for Lack of Enablement;
`
`7.
`Plaintiffs’ Opposition to Defendant’s Motion for Partial Summary Judgment of No
`Willful Infringement;
`
`8.
`L.R. 56.1 Responsive Statement of Material Facts in support of Plaintiffs’
`Opposition to Defendant’s Motion for Summary Judgment of No Willful Infringement;
`
`9.
`Plaintiffs’ Opposition to Defendant’s Motion For Partial Summary Judgment Of
`Non-Infringement;
`
`10.
`L.R. 56.1 Responsive Statement of Material Facts in support of Plaintiffs’
`Opposition to Defendant’s Motion for Summary Judgment of Non-Infringement;
`
`11.
`Exhibits to be attached to the Declaration of Elaine Herrmann Blais in Support of
`Plaintiffs’ Oppositions to Eli Lilly and Company’s Motions for Summary Judgment;
`
`12.
`Declaration of Yasmina Abdiche, Ph.D. in Support of Teva’s Oppositions to Lilly’s
`Motions for Summary Judgment of Invalidity for (1) Lack of Enablement, and (2) Lack of Written
`Description; and
`
`13.
`
`Declaration of Jeffrey V. Ravetch, M.D., Ph.D. and Exhibit A thereto.
`
`Plaintiffs propose that the Order sealing Plaintiffs’ Memoranda in Opposition,
`
`Declarations, and 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 338 Filed 05/05/22 Page 3 of 5
`
`Dated: May 5, 2022
`
`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)
`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
`
`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)
`Sean M. Anderson (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
`sanderson@goodwinlaw.com
`
`
`
`
`
`
`3
`
`
`
`Case 1:18-cv-12029-ADB Document 338 Filed 05/05/22 Page 4 of 5
`
`Madeline R. DiLascia (pro hac vice)
`GOODWIN PROCTER LLP
`1900 N Street N.W.
`Washington, D.C. 20036
`Tel.: (202) 346-4000
`Fax.: (202) 204-7250
`mdilascia@goodwinlaw.com
`
`Attorneys for Plaintiffs
`
`
`
`
`
`
`
`4
`
`
`
`Case 1:18-cv-12029-ADB Document 338 Filed 05/05/22 Page 5 of 5
`
`
`
`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 assents 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
`
`May 5, 2022.
`
`
`
`/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
`
`
`
`
`
`5
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
