UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF NEW JERSEY 

OREXO AB, 

 Plaintiff, 

 v. 

 

MYLAN PHARMACEUTICALS INC. and 

MYLAN INC., 

 Defendants. 

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Honorable Freda L. Wolfson, U.S.D.J. 

Honorable Lois H. Goodman, U.S.M.J. 

Civil Action No. 3:11-cv-03788 (FLW)(LHG) 

[PROPOSED] ORDER

THIS MATTER having come before the Court upon the motion of Plaintiff Orexo AB 

(“Plaintiff”) pursuant to Local Rule 5.3(c) to seal: (a) Plaintiff’s Responding Markman Brief; (b) 

Exhibit 34 to the Declaration of Anna Brook, and (c) Exhibit 37 to the Declaration of Anna 

Brook, all filed electronically on December 7, 2012 [D.E. 110] (the “Subject Material”); and the 

Court having considered the written submissions of the parties, and having determined that this 

action involves allegations requiring the disclosure of confidential and proprietary information, 

and the Court being satisfied of the following: 

1. This is a complex patent case requiring discovery of highly sensitive competitive 

materials, including business, trade-secret or proprietary information. The parties to this case 

have produced confidential information in discovery, the public disclosure of which could affect 

legitimate business interests. 

2. To protect the confidentiality of this information, the parties agreed to a 

Stipulated Discovery Confidentiality Order, entered in this litigation on March 26, 2012 (D.E. 

47, the “Order”). The Order allows the parties or third parties to designate information as 

“Confidential” or “Highly Confidential”, and provides that a party wishing to use materials so 

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designated in a submission filed with the Court must move pursuant to Local Rule 5.3 for leave 

to file the submission under seal. (Order ¶¶ 2 and 12). 

3. By designating the Subject Material “Confidential”, Defendants have represented 

that the Subject Material includes its sensitive business, financial or other proprietary 

information, the disclosure of which would destroy the value of Defendants’ information and the 

competitive advantage which attaches thereto. Defendants have a legitimate interest in the 

continued confidentiality of this information. 

4. Absent an order sealing the Subject Material, Plaintiff cannot include the 

confidential information in support of its Responding Markman Brief, without wholly 

disregarding the parties’ designation. The omission of this confidential information from 

Plaintiff’s Responding Markman Brief would significantly limit Plaintiff’s ability to adequately 

advocate for its position. 

5. Upon consideration of the papers submitted in support of the motion, and the 

material sought to be sealed, the Court concludes that Plaintiff has met its burden under Local 

Civil Rule 5.3(c) and applicable case law, and that this material should be sealed. 

6. Specifically, the Court concludes that: 

(a) the Subject Material contains information concerning Defendants’ 

proprietary, business or financial information that Defendants have designated “Confidential”; 

(b) Defendants have a legitimate interest in maintaining the 

confidentiality of the Subject Material; 

(c) the omission of the Subject Material from Plaintiff’s Responding 

Markman Brief would significantly limit Plaintiff’s ability to advocate for its position; and 

(d) there is no less restrictive alternative to the relief sought. 

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THEREFORE, it is on this _____ day of _________________, 2012

ORDERED that this Motion to Seal, pursuant to Local Rule 5.3 is hereby granted; and 

IT IS FURTHER ORDERED that the Clerk is hereby directed to seal the Subject 

Material. 

 _________________________________ 

 Hon. Lois H. Goodman, U.S.M.J. 

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