`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
`Clarksburg
`
`ASTRAZENECAAB and ASTRAZENECA
`PHARMACEUTICALS LP,
`
`Plaintiffs,
`
`v.
`
`MYLAN PHARMACEUTICALS, INC. and
`KINDEVA DRUG DELIVERY L.P.,
`
`Defendants.
`
`CIVIL ACTION NO. I :22-CV-35
`Judge Bailey
`
`ORDER
`
`Pending before this Court are defendants’ Motion for Leave to File Under Seal
`
`[Doc. 155],
`
`filed October 20, 2022; defendants’ Motion for Leave to File Under Seal
`
`[Doc. 157],
`
`filed October 20, 2022; plaintiffs’ Motion for Leave to File Under Seal
`
`[Doc. 158], filed October 20, 2022; and plaintiffs’ Motion for Leave to File Under Seal
`
`[Doc. 159], filed October 20, 2022.
`
`In defendants’ Motion to Seal, defendants request this Court for leave to file under
`
`seal the attached Defendants’ Opening Markman Brief because the Brief would disclose
`
`to potential corn petitors confidential
`
`information and protected information regarding
`
`Mylan’s ANDA product, and also discusses an expert report provided pursuant to this
`
`Court’s protective order. See [Doc. 155].
`
`In defendants’ second Motion to Seal, defendants request this Court for leave to file
`
`under seal the attached Memorandum of Law in Support of Defendants’ Motion for Partial
`
`1
`
`
`
`Case 1:22-cv-00035-JPB-RWT Document 160 Filed 10/21/22 Page 2 of 3 PageID #: 7292
`
`Summary Judgment because some exhibits filed with and relied on contain confidential
`
`information and protected information regarding Mylan’s ANDA product and the
`
`proceedings in the ANDA. See [Doc. 157].
`
`In plaintiffs’ Motion to Seal, plaintiffs request this Court for leave to file under seal
`
`plaintiffs’ Opening Claim Construction Brief, and the documents and exhibits referenced
`
`therein because they contain information that plaintiffs and/or defendants have designated
`
`as confidential and proprietary. See [Doc. 158].
`
`In plaintiffs’ second Motion to Seal, plaintiffs request this Court for leave to file under
`
`seal plaintiffs’ Motion for Summary Judgment, Memorandum of Points and Authorities in
`
`Support of AstraZeneca’s Motion for Summary Judgment, and the documents and exhibits
`
`referenced therein because they contain information that plaintiffs and/or defendants have
`
`designated as confidential and proprietary. See [Doc. 159].
`
`The Motions [Docs. 155, 157, 158 & 159] are GRANTED. The Clerk is hereby
`
`DIRECTED to FILE UNDER SEAL:
`
`•
`
`•
`
`•
`
`Defendants’ Opening Markman Brief
`
`[Doc. 155-1] and attached exhibits
`
`[Docs. 155-2 through 155-15];
`
`Defendants’ Memorandum of Law in Support of Defendants’ Motion for Partial
`
`Summary Judgment [Doc. 157-1] and attached exhibits [Docs. 157-2 through
`
`157-13];
`
`Plaintiffs’ Opening Claim Construction Brief [Doc. 158-1] and attached exhibits
`
`[Docs. 158-2 through 158-32]; and
`
`2
`
`
`
`Case 1:22-cv-00035-JPB-RWT Document 160 Filed 10/21/22 Page 3 of 3 PageID #: 7293
`
`Plaintiffs’ Motion for Summary Judgmentand Memorandum in Support of Summary
`
`Judgment
`
`[Docs. 159-1 & 159-21 and attached exhibits [Docs. 159-3 through
`
`159-1 8].
`
`It is so ORDERED.
`
`The Clerk is directed to transmit copies of this Order to counsel of record.
`
`DATED: October 21, 2022.
`
`JOHN PRESTON BAILEY
`UNITED STATES DISTRICT COURT
`
`3
`
`
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