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Judge Andrews denies motion to seal portions of ANDA trial transcript

In Medicines Company Inc. v. Hospira Inc., C.A. No. 09-750-RGA (D. Del. Nov. 1, 2013), Judge Richard G. Andrews denied defendant’s motion to seal selected portions of the trial transcript and exhibits that related to “the price the Defendant paid for bivalirudin.” Order at 1. While this was “the sort of information that the Court would consider protecting from disclosure,” the potential harm of disclosure to defendant was unclear because its entry into the bivalirudin market was “speculative” and the information was “not current.” Id. The Court further explained that “[h]ad a request to seal been made contemporaneously, it would be a close question. The issue could have been avoided. Among other things, the price was irrelevant to any issue in the case. There was, however, no timely objection. . . . and that argues against redaction. The fact that it is a judicial record – a trial transcript – that Defendant seeks to redact also argues against redaction.” Id.

Medicines Company Inc. v. Hospira Inc., C.A. No. 09-750-RGA (D. Del. Nov. 1, 2013)

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