Tevra Brands LLC v. Bayer HealthCare LLC

Background

The parties filed a joint administrative motion asking to seal selected portions of the April 30, 2024 order concerning expert testimony. Tevra argued that some information involved confidential retailer communications and business concerns that could affect retailers’ brand choices, order quantities, or contract negotiations. Bayer argued that other information involved its internal business strategies, retailer and licensing agreements, and customers.

Legal standard

The court explained that judicial records generally carry a strong presumption of public access. For records more than tangentially related to the merits of a case, a party must show “compelling reasons” that outweigh the public’s interest in disclosure. For records tied only weakly to the merits, the lower “good cause” standard applies, requiring a specific showing of harm or prejudice from disclosure.

Ruling

The court found compelling reasons to seal some highlighted portions but not others. It ruled as follows:

- The highlighted portions at page 2, line 2 were denied because the information was already public. - The highlighted portions at pages 12, lines 18–20 were denied because Tevra had not explained what made the communications confidential. - The highlighted portions at page 12, line 22 were granted because they had previously been sealed for reasons stated in earlier docket filings. - The highlighted portions at page 11, line 27 were denied because the information was already public. - The highlighted portions at page 13, line 5 were granted because they contained competitively sensitive information about the identities of customers with whom Bayer contracts.

Judge Beth Labson Freeman therefore granted in part and denied in part the administrative motion. The order states that all denials were without prejudice, and that any refiled administrative motion had to be filed no later than May 14, 2024.