`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
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`JAZZ PHARMACEUTICALS, INC. et al.,
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`Plaintiffs,
`
`v.
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`AMNEAL PHARMACEUTICALS LLC,
`
`Civil Action No.
`2:13-00391 (ES)(JAD)
`
`ORDER GRANTING
`MOTION TO SEAL
`
`Defendant.
`
`DOCUMENT ELECTRONICALLY FILED
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`THIS MATTER having been opened to the Court by Plaintiff Jazz Pharmaceuticals,
`
`Inc. ("Jazz"), by and through their counsel, in connection with Jazz's Motion to Seal (ECF No.
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`254), pursuant to Local Civil Rule 5.3(c); and the Court having considered the papers submitted
`
`by Jazz in support of its Motion; and papers submitted by Defendant Par Pharmaceutical, Inc .
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`. ("Par") in further support thereof; and the Court having been notified by Par of the information
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`which Par has designated Highly Confidential; and the Court having considered and adopted the
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`Declaration of Bradford C. Frese, the Court makes the following Findings of Fact and
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`Conclusions of Law:
`
`•
`
`Jazz's February 11, 2016 letter to the Honorable Joseph A. Dickson (ECF No.
`::J.l Lt
`•)("Jazz's February 11 Letter") refers to confidential technical and business
`
`information that has been designated as "HIGHLY CONFIDENTIAL-SUBJECT
`
`TO DISCOVERY CONFIDENTIALITY ORDER" by Par under the Discovery
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`Confidentiality Order entered in this action (ECF No. 144);
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`• The information in Jazz's February 11 Letter that Par aims to seal refers to and
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`relates to confidential and proprietary information concerning, among other
`
`
`
`Case 2:13-cv-00391-ES-JAD Document 287 Filed 05/17/16 Page 2 of 3 PageID: 5403
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`things, Par's ANDA. Public disclosure of such confidential information would
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`permit competitors to potentially (and likely) use such information to Par's
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`detriment. Par has a legitimate interest in protecting the confidentiality of its
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`trade secret and other confidential research, development, commercial, and
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`technical information;
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`• Public disclosure of Par's information would cause Par significantharm because
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`public disclosure of this trade secret and other confidential research,
`
`development, commercial, and technical information would provide the public
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`insight into the business and operations of Par, its processes in considering and
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`developing its proprietary technology, and would give competitors an unfair
`
`advantage;
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`• Sealing such materials is the least restrictive alternative because it only includes
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`information Par has identified and designated as "HIGHLY CONFIDENTIAL-
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`SUBJECT TO DISCOVERY CONFIDENTIALITY ORDER" in this action.
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`Therefore, the Court having found that there are legitimate public and private interests
`~~
`which warrant the relief sought, IT IS on this\~ """' day of ~\ 2016,
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`ORDERED that Jazz's Motion to Seal, pursuant to Local Civil Rule 5.3(c) (ECF No.
`
`254), is hereby GRANTED; and it is further
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`ORDERED that the unredacted February 11 Letter (ECF No. 214) shall be sealed and
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`maintained under seal by the Court; and it is further
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`ORDERED that the Clerk of the Court shall maintain on the docket a public copy of
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`Jazz's February 11 Letter (ECF No. 255) redacted as consistent with this Order.
`
`2
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`
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`Case 2:13-cv-00391-ES-JAD Document 287 Filed 05/17/16 Page 3 of 3 PageID: 5404
`Case 2:13-cv-00391-ES-JAD Document 287 Filed 05/17/16 Page 3 of 3 PageID: 5404
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`
`
`LE JOSEPH A. DICKSON
`UNIT D STATES MAGISTRATE JUDGE
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`3
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`
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