PI and TRO motion v. Amphastar
The documents are available on Pacer EXCEPT what is probably the most interesting ones, the memo in support of the motion for PI and TRO and some related documents. They have asked for that to be sealed, in the following motion, I cut and paste the substantive language below. I will look at the other stuff that is filed and if anything seems interesting, I will post it is short enough or send to Dew if too long.
PLAINTIFFS’ MOTION TO IMPOUND THEIR MEMORANDUM IN SUPPORT OF
THEIR MOTION FOR A TEMPORARY RESTRAINING ORDER AND
PRELIMINARY INJUNCTION AND ACCOMPANYING DECLARATIONS
Pursuant to Local Rule 7.2, Plaintiffs Momenta Pharmaceuticals, Inc. (“Momenta”) and
Sandoz Inc. (“Sandoz”) (collectively, “Plaintiffs”) hereby move for an order impounding, until
further order of the Court: (1) Plaintiffs’ Memorandum in Support of their Motion for a
Temporary Restraining Order and Preliminary Injunction (the “Memorandum”); (2) the
Declaration of Ernst R. Berndt in support thereof; (3) the Declaration of Richard P. Shea in
support thereof; (4) the Declaration of David Picard in support thereof; and (5) the Declaration of
Thomas C. Crawford in support thereof.
Grounds for this motion are as follows:
1. The Plaintiffs’ Motion for a Temporary Restraining Order and Preliminary
Injunction (the “PI Motion”) raises complex legal and technical issues concerning patent
infringement and relies on a detailed factual record supporting the Plaintiffs’ claim that they will
suffer irreparable harm if an injunction is not granted. Certain material submitted in support of
the PI Motion -- the Memorandum and four supporting declarations -- contain highly sensitive
proprietary business and technical information that the Plaintiffs maintain as confidential. Public
disclosure of these materials potentially will cause the Plaintiffs significant harm.
2. Submission of these confidential materials is necessary in order to permit the
Court to fully evaluate the questions of patent infringement and irreparable harm raised by the
Plaintiffs’ PI Motion.
3. Upon conclusion of the impoundment period, Plaintiffs request the return of these
documents to Plaintiffs’ counsel of record.
AI
