Momenta Pharmaceuticals, Inc. (MNTA)

[investorgold2002]

PLAINTIFFS’ REPLY TO DEFENDANTS’
OPPOSITION TO PLAINTIFFS’ MOTION FOR A PRELIMINARY INJUNCTION,

ASSENTED TO MOTION TO SEAL PLAINTIFFS’ REPLY TO DEFENDANTS’
OPPOSITION TO PLAINTIFFS’ MOTION FOR A PRELIMINARY INJUNCTION,
DECLARATION IN SUPPORT THEREOF, AND PLAINTIFFS’ OPPOSITION TO
DEFENDANTS’ MOTION TO DISMISS OR TO TRANSFER
Pursuant to Local Rule 7.2, Plaintiffs Momenta Pharmaceuticals, Inc. (“Momenta”) and
Sandoz Inc. (“Sandoz”) (collectively, “Plaintiffs”) hereby move for an order sealing, until further
order of the Court: (1) Plaintiffs’ Reply to Defendants’ Opposition to Plaintiffs’ Motion for a
Preliminary Injunction; (2) Declaration of Dr. Zachary Shriver in Support of Plaintiffs’ Reply to
Defendants’ Opposition to Plaintiffs’ Motion for a Preliminary Injunction; and (3) Plaintiffs’
Opposition to Defendants’ Motion to Dismiss or to Transfer.
Grounds for this motion are as follows:
1. The Plaintiffs’ Reply to Defendants’ Opposition to Plaintiffs’ Motion for a
Preliminary Injunction (the “Reply”) 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 ofPlaintiffs’ initial Motion for a Preliminary Injunction -- this Reply and its supporting declaration
-- 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’ Motion for a Preliminary Injunction.
3. Plaintiffs’ Opposition to Defendants’ Motion to Dismiss or to Transfer contains
information that Defendants have identified as confidential and have filed with the Court under
seal.
4. Upon conclusion of the impoundment period, Plaintiffs request the return of these
documents to Plaintiffs’ counsel of record.

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could it have information on their deal negotiations on FOB front?