`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
`
`JAZZ PHARMACEUTICALS, INC.,
`
`Plaintiff,
`
`Honorable Esther Salas, U.S.D.J.
`Honorable Joseph A. Dickson, U.S.M.J.
`
`v.
`
`AMNEAL PHARMACEUTICALS LLC.
`
`Defendant.
`
`Civil Action No.
`2:13-00391-ES-JAD (consolidated)
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`DOCU"MENTELECTRONICALLY
`FILED
`FILED UNDER SEAL
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`l
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`THIS MATTER having been brought before the Court upon the Motion of Defendant
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`Par Pharmaceutical, Inc. ("Par"), pursuant to Local Civil Rule 5.3(c), to Seal portions of its
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`Brief in Support of Defendant Par Pharmaceutical, Inc.'s Motion for Judgment on the Pleadings
`
`as to U.S. Patent No. 8,772,306 under Rule 12(c) (ECF No. 245) and Exhibits E-H to the Frese
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`Declaration submitted in support thereof. ("Par's 12(c) Motion and Exhibits"), in response to the
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`complaint filed by Plaintiffs Jazz Pharmaceuticals, Inc. and Jazz Pharmaceuticals Ireland
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`Limited (together "Plaintiffs" or "Jazz") with respect to the U.S. Patent No. 8,772,306; and the
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`Court having considered the submissions of the parties in connection with the motion; and ~ej 0
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`Court having considered the factors contained in L. Civ. R. 5.3(c)(2Kthe ourt ~akes the (ect=Jl/0 , ;,.<tc.-J.} t.l · lt1to~
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`following-Findings of Fact and Conclusions of Law:
`,
`j
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`• Par's 12(c) Motion and Exhibits contain confidential technical and business
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`information that has been designated as "HIGHLY CONFIDENTIAL-SUBJECT
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`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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`• Par has a legitimate interest in protecting the confidentiality of its trade secret
`
`
`
`t-
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`Case 2:13-cv-00391-ES-JAD Document 291 Filed 05/17/16 Page 2 of 3 PageID: 5414
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`and other confidential research, development, commercial, and technical
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`information;
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`• Public disclosure of Par's information would cause Par significant harm because
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`public disclosure of this trade secret and other confidential research,
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`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
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`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.
`
`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,
`
`ORDERED that Defendant Par Pharmaceutical, Inc.'s Motion to Seal (ECF No. 246) is
`
`hereby GRANTED; and it is further
`
`ORDERED that the unredacted Brief in Support of Defendant Par Pharmaceutical, Inc.'s
`
`Motion for Judgment on the Pleadings as to U.S. Patent No. 8,772,306 under Rule 12(c) (ECF
`E-1-t ~
`) the Frese Declaration submitted in support thereof shall be sealed
`
`No. 245) and Exhibits
`
`and maintained under seal by the Court; and it is further
`
`ORDERED that the Clerk of the Court shall maintain on the docket a public copy of the
`
`Brief in Support of Defendant Par Pharmaceutical, Inc.' s Motion for Judgment on the Pleadings
`
`as to U.S. Patent No. 8,772,306 under Rule 12(c) redacted as consistent with this Order, which
`
`Par shall prepare and file within one week from this Order.
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`Case 2:13-cv-00391-ES-JAD Document 291 Filed 05/17/16 Page 3 of 3 PageID: 5415
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`Q~
`HONOB~OSEPH A. DICKSON """-=
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`UNITED STATES MAGISTRATE JUDGE
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