ENTA did seem to score a small victory proving most (but not all) of certain documents that PFE was hoping to get unsealed are in fact privileged. This is from early May:
On the present record before the Court, therefore, Enanta has not met its burden to prove that the redacted information is privileged. Nevertheless, this Court will give Enanta an opportunity to do so. Within two weeks, Enanta shall file declaration(s) supporting its assertions
Enanta was given time to support the redaction which was granted yesterday on most counts:
order Order Wed 05/29 1:09 PM Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered. On May 7, 2024, this Court issued an order on Pfizer's Motion to Compel Production of Documents Improperly Withheld as Privileged (Docket No. 160 ). See Docket No. 247 . This Court ordered Enanta to submit declarations supporting its assertions of privilege with respect to Exhibits B, F (slide 2), L, O, R, and S. On May 21, 2024, Enanta submitted declarations supporting its assertion of privilege with respect to Exhibits B, F (slide 2), L (emails dated April 7, 2020, 3:16 PM, and April 7, 2020, 4:14 PM), R, and S and it withdrew its privilege assertions with respect to Exhibit O and Exhibit L (email dated April 7, 2020, 8:32 PM). After review and consideration of Enanta's submissions, this Court finds that the redactions to Exhibits B, F (slide 2), L (emails dated April 7, 2020, 3:16 PM, and April 7, 2020, 4:14 PM), R, and S are privileged. (Hutchins, Aaron)