Geller Biopharm, Inc. v. Amunix Pharmaceuticals, Inc.

Background

Geller attached to its complaint a confidential contract between Amunix and Roche, called the Second FSA. Amunix asserted that Geller had obtained the contract through its engagement with Amunix and had a contractual duty to keep Amunix’s business information confidential. Amunix also stated that Geller initially sought to keep the complaint and its exhibits sealed but later told Amunix that it would not seek to keep the confidential documents sealed.

Sealing Request

Amunix asked the court to maintain the Second FSA under seal and to redact descriptions of its terms in the complaint and other filings. Amunix argued that disclosure could allow competitors to undercut it and allow potential counterparties to use the information against it in negotiations. Amunix further argued that Roche, which was not a party to the case, could suffer similar competitive harm.

The court applied the Second Circuit’s framework for sealing judicial documents. It found that the Second FSA was a judicial document subject to a presumption of public access, but also found that Amunix’s representations about competitive harm overcame that presumption.

Ruling

Judge John P. Cronan ordered that the Second FSA remain under seal through the pendency of the motion to dismiss. The court stated that it could revisit the need for sealing after deciding that motion. The court also found that Amunix’s proposed redactions to the complaint and other filings were narrowly tailored and effectively balanced confidentiality with public access. The parties were not required to refile those documents, and the court directed that future sealing or redaction requests comply with the court’s individual rules.