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 TO SEAL

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 portion of the Memorandum of Law in 

Support of Plaintiff Orexo AB’s Motion for the Issuance of a Letter of Request to the Central 

Authority of India for Testimony from Subash Chandra Mohanta and P. Murali Krishna, and 

Exhibits A, C, D, E, and F in their entirety, which were electronically filed on April 23, 2013 

[D.I. 123] (together, 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. 

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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 

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 Mylan 

Pharmaceutical Inc. and Mylan Inc. (“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 Mylan’s 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 Memorandum of Law for the Issuance of a Letter of 

Request, without wholly disregarding the parties’ designation. The omission of this confidential 

information from Plaintiff’s Memorandum 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; 

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

of Law for the Issuance of a Letter of Request would significantly limit Plaintiff’s ability to 

advocate for its position; and 

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

THEREFORE, it is on this _____ day of _________________, 2013

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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