`
`Case 2:13-cv-00391-ES-JAD Document 294-2 Filed 05/23/16 Page 1of3 PagelD: 5434
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
`
`JAZZ PHARMACEUTICALS, INC.
`
`Plaintiff,
`
`v.
`
`AMNEAL PHARMACEUTICALS LLC,
`
`C.A. No. 13-00391-ES-JAD
`(consolidated)
`
`ORDER GRANTING
`MOTION TO SEAL
`
`Defendant.
`
`DOCUMENT ELECTRONICALLY FILED
`
`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.
`
`279), 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.
`
`("Par") in further support thereof; and the Court having been notified by Par of the information
`
`:
`
`which Par has designated Highly Confidential; and the Court having considered and adopted the
`
`Declaration of Bradford C. Frese, the Court makes the following Findings of Fact and
`
`Conclusions of Law:
`
`•
`
`Jazz's Memorandum of Law in Opposition to Par's Motion for Judgment on the
`
`Pleadings as to U.S. Patent No. 8,772,306 Under Rule 12(c) (ECF No. 280) as
`
`well as the Declaration of William C. Baton in support thereof (ECF No. 280-0 I)
`
`and Exhibits 2-4 and 8 to the Declaration of William C. Baton (''the Confidential
`
`Information") contain confidential technical and business information that has
`
`been designated as "HIGHLY CONFIDENTIAL-SUBJECT TO DISCOVERY
`
`CONFIDENTIALITY ORDER" by Par under the Discovery Confidentiality
`
`
`
`Case 2:13-cv-00391-ES-JAD Document 306 Filed 07/14/16 Page 2 of 3 PageID: 5504
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`Case 2:13-cv-00391-ES-JAD Document 294-2 Filed 05/23/16 Page 2 of 3 PagelD: 5435
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`Order entered in this action (ECF No. 144);
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`• The Confidential Information that Par aims to seal refers to and contains portions
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`of Par's Abbreviated New Drug Application ("ANDA") No. 205403 and
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`correspondence with the FDA regarding the same;
`
`• Par has a legitimate interest in protecting the confidentiality of its trade secret
`
`and other confidential research, development, commercial, and technical
`
`information;
`
`• Public disclosure of Par's information would cause Pat significant harm because
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`public disclosure of this trade secret and other confidential research,
`
`development, commercial, and technical information would provide the public
`
`insight into the business and operations of Par, its processes in considering and
`
`developing its proprietary technology, and would give competitors an unfair
`
`advantage;
`
`• Sealing such materials is the least restrictive alternative because it only includes
`
`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 o~Jt.O 16,
`
`ORDERED that Jazz's Motion to Seal, pursuant to Local Civtl Rule 5.3(c) (ECF No.
`
`279), is hereby GRANTED; and it is further
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`ORDERED that the unredacted Memorandum of Law in Opposition to Par's Motion for
`
`Judgment on the Pleadings as to U.S. Patent No. 8,772,306 Under Rule 12(c) (ECF No. 280) as
`
`well as the Declaration of William C. Baton in support thereof (ECF No. 280-01) and Exhipits
`
`2
`
`
`
`Case 2:13-cv-00391-ES-JAD Document 306 Filed 07/14/16 Page 3 of 3 PageID: 5505
`
`Case 2:13-cv-00391-ES-JAD Document 294-2 Filed 05/23/16 Page 3 of 3 PagelD: 5436
`
`?;
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`2-4 and 8 to the Declaration of William C. Baton ("the Confidential Information") shall be
`
`sealed and 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 Memorandum of Law in Opposition to Par's Motion for Judgment on the Pleadings as to
`
`U.S. Patent No. 8,772,306 Under Rule 12(c) (ECF No. 280) as well as the Declaration of
`ill """''~ 01\ l-t +h! (o,,..l'1Ju1-ft'a I r/l~lfto. Ho1
`. .
`.
`'
`Wilham C. Baton m support thereof (ECF No. 280-01)
`, cOllfq~(
`-k.erti11. "6si
`bc(I\ r,JA<-.W.
`.J
`
`which Par shall prepare and file within one week from this Order.
`
`HONORABLE JOSEPH A. DICKSON
`UNITED STATES MAGISTRATE JUDGE
`
`3
`
`
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