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Special Master Poppiti: Motion to Compel De-Designation of Non-Confidential Information GRANTED

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Defendant APP Pharmaceuticals moved to compel the de-designation of information redacted in its motion for leave to file an amended answer and counterclaims of unenforceability and unclean hands. The Medicines Company v. Teva Parenteral Medicines, et al., C.A. No. 09-750-ER, Special Master Order (D. Del. June 30, 2011). Special Master Poppiti granted the motion and held that the disputed redactions were not covered by the “Highly Confidential” or “Confidential” provisions of the case protective order. Id. at 12 and 15. Plaintiff argued that the information was properly redacted because it was “information or data derived from Highly Confidential information.” Id. at 12. Although this clause “would certainly encompass a direct quote (or a paraphrase of a direct quote)” from a highly confidential document, “that protection does not extend to general allegations, legal arguments, and factual assertions that do not in any way reveal any such information.” Id. at 12-13.


The Medicines Company v. Teva Parenteral Medicines, et al., C.A. No. 09-750-ER, Special Master Order (D. Del. June 30, 2011).

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