Bionpharma Inc. v. Corerx, Inc.

Opinion

NORTON ROSE FULBRIGHT April 12, 2023 Norton Rose Fulbright US LLP 1301 Avenue of the Americas New York, New York 10019-6022 VIA ECF United States The Honorable John G. Koeltl ‘ United States District Court for the ok = Southern District of New York Direct line +1 212 318 3268 Daniel Patrick Moynihan matthew.niss@nortonrosefulbright.com United States Courthouse 500 Pearl Street Tel +1 212 318 3000 New York. NY 10007 Fax +1 212 318 3400 > nortonrosefulbright.com Re: Bionpharma Inc. v. CoreRx, Inc., Case No. 1:21-cv-10656-JGK-VF (S.D.N.Y.) Dear Judge Koeltl: We are counsel for Defendant CoreRx, Inc. (“CoreRx”) in the above-referenced case. We write pursuant to Your Honor’s Individual Practice Rule VI.A.2, to explain the need for certain confidential information in Plaintiff Bionpharma Inc.’s (“Bionpharma”) Proposed Findings of Fact and Conclusions of Law (Dkt. 220) to remain under seal. As explained in the declaration of Ajay Damani filed with this letter, Bionpharma’s Proposed Findings of Fact and Conclusions of Law contains confidential CoreRx pricing information for various pharmaceutical products. (See Dkt. 220, {J 9, 26, 27, 30, 31, 74, 92, 139, 168, 169, 170, 171.) Bionpharma’s Proposed Findings of Fact and Conclusions of Law contains CoreRx’s cost information and information concerning the manner in which CoreRx decides to price its products that could harm CoreRx if the information were publicly available to CoreRx’s competitors and customers. (See Dkt. 220, J] 76, 78, 82, 83-88, 92, 94, 99, 100, 101, 103-107, 113-116, 133-137, 146-149, 151.) Information such as revenues, costs, and pricing information is the type of confidential information that should be sealed. See Kewazinga Corp. v. Microsoft Corp., No. 1:18-cv-4500- GHW, 2021 WL 1222122, at *3 (S.D.N.Y. Mar. 31, 2021) (‘“Courts commonly find that documents that contain ... revenue information, pricing information, and the like satisfy the sealing standard.””) (quoting Rensselaer Polytechnic Inst. v. Amazon.com, Inc., 1:18-cv-00549 (BKS/CFH), 2019 WL 2918026, at *2 (N.D.N.Y. June 18, 2019)); Playtex Prods., LLC v. Munchkin, Inc,, No. 14-cv-1308, 2016 WL 1276450, at *11-12 (S.D.N.Y. Mar. 29, 2016) (granting request to redact portions of summary judgment brief which referenced “confidential and sensitive business information, including sales and costs information”); GoSMiLE, Inc. v. Dr. Jonathan Levine, D.M.D. P.C., 769 F. Supp. 2d 630, 649-50 (S.D.N.Y. 2011) (allowing sealing of documents “contain[ing] highly proprietary material concerning the defendants’ ... costs and budgeting”). Counsel for Biopharma informed us today that Bionpharma does not object to this request.

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NORTON ROSE FULBRIGHT April 12, 2023 Page 2

CoreRx respectfully requests that the Court enter an order maintaining under seal those portions of Bionpharma’s Proposed Findings of Fact and Conclusions of Law that have been redacted in the publicly filed version. Respectfully submitted, /s/ Matthew Niss

Matthew Niss

APPLICATION GRANTED SO ORDERED 22 ( (oc ohn G. Koeltl, US.D.J. Is (23