`
`
`
`(212) 373-3212
`
`(212) 492-0212
`
`ngroombridge@paulweiss.com
`
`November 1, 2022
`
`By ECF
`
`The Honorable Mary Kay Vyskocil
`Daniel Patrick Moynihan U.S. Courthouse
`500 Pearl Street
`New York, NY 10007-1312
`
`
`Re:
`
`Acuitas Therapeutics Inc. v. Genevant Sciences GmbH and
`Arbutus Biopharma Corp., Case No. 22-cv-02229-MKV
`
`Dear Judge Vyskocil:
`
`Pursuant to Rule 9.B of Your Honor’s Individual Rules of Practice in Civil Cases,
`Plaintiff Acuitas Therapeutics Inc. (“Acuitas”) moves to seal or redact confidential material
`in its Opposition to Defendants’ Motion to Dismiss the First Amended Complaint and in
`Exhibit A to the supporting Declaration of Allison Penfield, which are filed concurrently
`under seal with highlights that denote redactions in conformity with the Court’s Standing
`Order 21-mc-00013 and Section 6 of the Court’s Electronic Case Filing Rules & Instructions.
`
`
`In particular, the proposed sealing and redactions are narrowly tailored to keep only
`highly sensitive and proprietary information concerning the business relationship (i.e., terms
`of Indemnity Obligations Under the License Agreement Between Acuitas and BioNTech)
`between Acuitas and non-party BioNTech confidential that if disclosed to the public will
`competitively disadvantage both parties. The interest of Acuitas and non-party BioNTech in
`maintaining the confidentiality of this information outweighs the public interest in access to
`
`
`
`Case 1:22-cv-02229-MKV Document 47 Filed 11/01/22 Page 2 of 2
`
`
`
`
`
`2
`
`judicial documents and this Court has previously allowed redactions containing “confidential
`information concerning an agreement with a non-party entity.” Refco Grp. Ltd., LLC v.
`Cantor Fitzgerald, L.P., No. 13 CIV. 1654(RA)(HBP), 2015 WL 4298572, at *5–6
`(S.D.N.Y. July 15, 2015) (not published). The information Acuitas is seeking to protect is
`routinely protected from public disclosure by Federal Rule of Civil Procedure 26(c)(1)(G)
`(parties or persons can move for a protective order preventing disclosure of “commercial
`information”).
`
`
`Acuitas’s proposed redactions are narrowly tailored and seek to protect only the non-
`public terms of the License Agreement between Acuitas and non-party BioNTech. No less
`restrictive means exist to prevent disclosure to the public. Acuitas, therefore, respectfully
`requests that the Court grant its motion to seal.
`
`
`Respectfully submitted,
`
`
`/s/ Nicholas Groombridge
`
`Nicholas Groombridge
`
`
`
`
`
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