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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`ALEXANDRIA DIVISION
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`PHILIP MORRIS PRODUCTS S.A.,
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`Plaintiff,
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`v.
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`R.J. REYNOLDS VAPOR COMPANY,
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`Defendant.
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`Civil Action No. 1:20-cv-393-LO-TCB
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`[PROPOSED] ORDER GRANTING PHILIP MORRIS’ MOTION TO SEAL
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`This matter is before the Court on the motion filed by Plaintiff Philip Morris Products S.A.
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`(“Philip Morris”) to file its Corrected Brief in Support of Submission of the Willful Infringement
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`Issue to the Jury (“Corrected Brief”) under seal pursuant to Federal Rule of Civil Procedure 5.2(d)
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`and Local Civil Rule 5(C). Upon consideration of Philip Morris’ motion to seal and its
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`memorandum in support thereof (“Sealing Motion”), the Court hereby FINDS as follows:
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`1.
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`The public has received notice of the request to seal and has had reasonable
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`opportunity to object. Philip Morris’ Sealing Motion was publicly docketed in accordance with
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`Local Civil Rule 5. Defendant R.J. Reynolds Vapor Co. (“RJR”) has had an opportunity to
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`respond. The “public has had ample opportunity to object” to Philip Morris’ Sealing Motion and,
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`since “the Court has received no objections,” the first requirement under Ashcraft v. Conoco, Inc.,
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`218 F.3d 288, 302 (4th Cir. 2000), has been satisfied. GTSI Corp. v. Wildflower Int'l, Inc., No.
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`09-cv-123, 2009 WL 1248114, at *9 (E.D. Va. Apr. 30, 2009); see also U.S. ex rel. Carter v.
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`Halliburton Co., No. 10-cv-864, 2011 WL 2077799, at *3 (E.D. Va. May 24, 2011) (“[T]he parties
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`Case 1:20-cv-00393-LO-TCB Document 1329-1 Filed 06/11/22 Page 2 of 3 PageID# 33597
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`provided public notice of the request to seal that allowed interested parties a reasonable
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`opportunity to object—nearly two weeks.”).
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`2.
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`Philip Morris seeks to seal and to redact from the public record only information
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`designated by the parties and/or third parties as confidential. Philip Morris will file publicly a
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`redacted version of their Corrected Brief in addition to a sealed version, and will redact only those
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`limited portions it seeks to seal. This selective and narrow protection of confidential material
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`constitutes the least drastic method of shielding the information at issue. See Adams v. Object
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`Innovation, Inc., No. 11-cv-272, 2011 WL 7042224, at *4 (E.D. Va. Dec. 5, 2011) (finding that
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`plaintiffs’ “proposal to redact only the proprietary and confidential information, rather than seal
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`the entirety of his declaration, constitutes the least drastic method of shielding the information at
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`issue”). The public has no legitimate interest in the parties’ confidential information. See id. at
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`*4 (“[T]here is no legitimate public interest in disclosing the proprietary and confidential
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`information of [the defendant] . . . and disclosure to the public could result in significant damage
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`to the company.”). The information that Philip Morris seeks to seal includes confidential,
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`proprietary, and competitively sensitive business information of the parties and/or third parties,
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`each of which could face harm if such information were to be released publicly.
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`3.
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`There is support for filing portions of Philip Morris’ Corrected Brief, with a
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`publicly filed version containing strictly limited redactions. The Corrected Brief contains material
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`designated confidential under the stipulated protective order. Accordingly, Philip Morris is
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`required to file this material under seal pursuant to the stipulated protective order. Placing these
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`materials under seal is proper because the public’s interest in access is outweighed by a party’s
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`interest in “preserving confidentiality” of the limited amount of confidential information that is
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`2
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`Case 1:20-cv-00393-LO-TCB Document 1329-1 Filed 06/11/22 Page 3 of 3 PageID# 33598
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`“normally unavailable to the public.” Flexible Benefits Council v. Feltman, No. 08-cv-371, 2008
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`WL 4924711, at *1 (E.D. Va. Nov. 13, 2008); U.S. ex rel. Carter, 2011 WL 2077799, at *3.
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`Therefore, based on the findings above, for good cause show, it is hereby
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`ORDERED that the Motion is GRANTED, and Philip Morris is granted leave to file a
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`REDACTED version of its Corrected Brief.
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`And to file UNDER SEAL an unredacted version of its Corrected Brief.
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`And FURTHER ORDERED that the unredacted version of Philip Morris’ Corrected
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`Brief shall remain SEALED until further order of the Court.
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`ENTERED this ____ day of __________, 2022.
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`Alexandria, Virginia
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`__________________________________
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`3
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