Zoetis, Inc. v. Boehringer Ingelheim Vetmedica, GmbH

Document and procedural posture

The provided document is an October 14, 2022 letter from Philip L. Hirschhorn, representing Zoetis, Inc., to Judge Denise L. Cote. The letter asks the court to authorize filing certain materials under seal. The supplied case metadata lists October 18, 2022 as the filing date.

Zoetis’s request

Zoetis asked to file under seal the License Agreement at issue in the breach-of-contract action and communications between the parties about that agreement. The letter says the agreement’s Section 7.2 declares its terms confidential to the parties. It refers to an opposition and attached exhibits, including the agreement and certain communications. The letter specifically requests authorization to place Exhibit A under seal and later refers to Exhibits A through F.

Zoetis’s argument

Zoetis acknowledged the presumption that court proceedings and documents are publicly accessible, especially when documents are submitted as a basis for judicial decision-making. It argued that the materials were being used for a procedural question—whether Boehringer was entitled to add a counterclaim—and that the court was not yet being asked to make a substantive decision about the agreement. Zoetis said the agreement might need to become public if the case proceeded to summary judgment or trial, but argued that disclosure was not yet necessary. It also stated that the opposition itself did not need to be sealed because the parties had already publicly referenced some agreement provisions.

Disposition

The provided text does not contain a ruling by Judge Cote. It does not say whether the request to seal was granted, denied, or otherwise resolved. It also does not decide the underlying breach-of-contract dispute or state whether Boehringer could add a counterclaim.