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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

IPSEN BIOPHARM LTD.,

Plaintiff,

v. CIVIL ACTION NO. 4:22-cv-662-O

GALDERMA LABORATORIES, L.P.,

Defendant.

UNOPPOSED MOTION TO SEAL PLAINTIFF’S COMPLAINT

Pursuant to Local Rule 79.3, Defendant Galderma Laboratories, L.P. hereby moves to seal 

Plaintiff Ipsen Biopharm Ltd.’s (“Ipsen”) Complaint [ECF 1]. 

Local Rule 79.3 authorizes a party to request that a document be sealed. Defendant has 

conferred with counsel for Plaintiff, and Plaintiff has confirmed it is unopposed to the request to 

have the Complaint sealed. 

Sealing the Complaint outweighs the benefit of public disclosure for two reasons:

First, the Complaint extensively discusses the terms and substance of a confidential 

agreement between two large, sophisticated business entities—Ipsen and GLP’s corporate 

parent—concerning a biologic drug product of significant monetary value (the “QM Agreement”)

[see, e.g., ECF 1 at ¶¶ 15-21]. Specifically, the Complaint discusses, inter alia, the following 

information from the QM Agreement: (1) the alleged “signatories;” (2) intellectual property rights 

that are allegedly “assigned;” and alleged “appointments” and “tasks” contained therein. See id. 

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The QM Agreement expressly states that information relating to it is confidential and the parties 

have maintained it as such due to the sensitive business information involved.

Second, the Complaint includes allegations discussing the substance of a dispute that lead 

to an ongoing confidential International Chamber of Commerce arbitration between Ipsen and 

GLP’s corporate parent [see, e.g., ECF 1 at ¶¶ 26-35]. As is typical, the arbitration is confidential 

to allow the parties to meaningfully resolve their disputes. See Janvey v. Alguire, 847 F.3d 231, 

247 (5th Cir. 2017) (“Arbitration as we presently know it was built on a bedrock interest of 

autonomy and its correlative, privacy.”).

The parties have adhered to the confidentiality provisions in both the QM Agreement and 

the pending ICC arbitration. Sealing the Complaint to protect the parties’ confidentiality interests 

in the QM Agreement and ICC arbitration outweighs the benefit of publicly disclosing the 

confidential information contained therein. No other viable alternative to sealing the Complaint 

exists.

As a result, the Court is within its discretion to order the Clerk to seal the Complaint. See 

Emery v. Sun Cupid Tech. (HK) Ltd., No. 3:20-CV-3519-L, 2020 WL 10181571, at *1 (N.D. Tex. 

Dec. 1, 2020) (granting plaintiff’s motion for leave to file under seal where complaint “discusse[d] 

the provisions of several confidential agreements entered into between the Plaintiff and 

Defendants” (see Emery, ECF No. 6 at 1)).

PRAYER FOR RELIEF

For the reasons described above, Defendant respectfully requests that the Court grant the 

Unopposed Motion to Seal Ipsen’s Complaint and order the Clerk to seal the Complaint [ECF 1].

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Dated: August 4, 2022 Respectfully submitted,

/s/ Jeremy A. Fielding

Jeremy A. Fielding 

Texas Bar No. 17233700

Ruben Alan Garcia

Texas Bar No. 24101787

KIRKLAND & ELLIS LLP

4550 Travis Street

Dallas, Texas 75205

Telephone: (214) 972-1770

Facsimile: (214) 972-1771

jeremy.fielding@kirkland.com

ruben.a.garcia@kirkland.com

Attorneys for Defendant

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CERTIFICATE OF SERVICE

I hereby certify that counsel of record who are deemed to have consented to electronic 

service are being served on August 4, 2022 with a copy of this document via the Court’s CM/ECF 

system.

/s/ Jeremy A. Fielding

Jeremy A. Fielding

CERTIFICATE OF CONFERENCE

I hereby certify that on August 3, 2022, I conferred with Plaintiff’s counsel regarding the 

relief requested in this Motion. Plaintiff is unopposed to the relief requested.

 /s/ Jeremy A. Fielding

Jeremy A. Fielding

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