Lupin Ltd. v. Salix Pharmaceuticals, Inc.

Background

Defendants Salix Pharmaceuticals, Inc. and Bausch Health US, LLC submitted a letter-motion asking the court to permit redactions and continued confidentiality for material in Docket Entry 82-1. That document was a proposed request for assistance from Italian authorities under the Hague Evidence Convention. Two reports were attached to help Italian authorities and a foreign corporate recipient identify documents requested by Defendants. The opinion states that the requested documents were located at a processing plant previously sold by Zach Zambon Chemicals to a new owner.

Requested Redactions

Defendants sought to redact information concerning manufacturing specifications for rifaximin active pharmaceutical ingredient and flow sheets identifying the proprietary process for producing purified rifaximin. They argued that this information was confidential trade-secret information and that they had protected it through discovery confidentiality designations under a protective order. Defendants also argued that the material was discovery material, was not necessary for the court’s review of the request for foreign assistance, and should receive little or no presumption of public access. They further argued that disclosure could give competitors sensitive information about the drug’s formulation, composition, manufacturing, and quality control.

Lupin Ltd. did not object to the proposed redactions.

Court’s Action

The letter concludes with the court’s handwritten or electronic notation, “Granted,” followed by Judge Lehrburger’s signature and the date May 9, 2024. The court therefore granted Defendants’ request to maintain the identified trade-secret information under seal and to file the document with the proposed redactions. The opinion does not provide a separate written explanation beyond the granted notation.