Lupin Ltd. v. Salix Pharmaceuticals, Inc.

Background

Lupin and Salix entered into a manufacturing and supply agreement for rifaximin compound. The agreement was amended in March 2011, February 2013, and May 2013. Lupin’s complaint described the parties’ agreement, related correspondence, business practices, manufacturing information, costs, requirements for the compound, and analyses and testing.

The filing stated that the agreement included confidentiality provisions covering information provided under the agreement or connected with the parties’ transactions, discussions, and negotiations. Lupin also stated that disclosure could harm the parties’ future negotiations and competitive positions.

Request to Seal or Redact

Lupin initially sought permission to file the complaint in redacted form and all attached exhibits under seal. After further review and consultation with Salix Pharmaceuticals, Inc. and Bausch Health Companies, Inc., Lupin narrowed its request. It sought to redact limited portions of the complaint and Exhibits A, B, C, D, E, H, I, and L, while making Exhibits F, G, J, K, M, and N public. The parties agreed on the proposed redactions and public filings.

The letter explained that courts recognize a general public-access right for court records but may restrict access when privacy or business interests outweigh that right. Lupin argued that the requested redactions were limited and necessary to protect confidential, competitively sensitive commercial and financial information.

Ruling

Judge John P. Cronan granted the unopposed request to file a redacted complaint. The order directed Lupin to file the complaint and exhibits with the proposed redactions in docket entries 18-1 through 18-9 by September 23, 2022. The order concerned access to court filings and did not resolve the parties’ underlying contractual dispute.