CR Bard v. Medical Components

District Court, D. Utah·Decided March 27, 2025·No. 2:17-cv-00754·Unknown

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION

MEMORANDUM DECISION AND C.R. BARD, INC. et al., ORDER GRANTING MOTIONS FOR

LEAVE TO FILE DOCUMENTS Plaintiffs, UNDER SEAL

v. Case No. 2:17-cv-00754

MEDICAL COMPONENTS, INC., District Judge Howard C. Nielson, Jr.

Defendant. Magistrate Judge Daphne A. Oberg

In this patent infringement case, the parties have filed several motions1 for leave to file documents under seal. None of the motions are opposed. For the reasons explained below, the motions are granted. LEGAL STANDARDS “Courts have long recognized a common-law right of access to judicial records.”2 Indeed, the District of Utah’s local rules provide that court records are “presumptively open to the public,” and sealing of court records is “highly discouraged.”3 However, the

1 (Doc. Nos. 1038, 1042, 1045, 1051, 1056, 1059, 1062, 1065, 1070, 1072, 1076, 1078, 1081, 1084, 1089, 1093, 1097, 1100, 1117, 1121, 1125, 1130, 1133, 1136, 1139, 1142, 1145, 1148, 1151, 1154, 1157, 1160, 1163, 1166, 1169, 1172, 1175, 1183–90, 1192– 93, 1197, 1200, 1203, 1206, 1209, 1211, 1215, 1218, 1220, 1224, 1227, 1231, 1234, 1237, 1240, 1245–52, 1254, 1257, 1261, 1264, 1267, 1270, 1273, 1277, 1281, 1284, 1288, 1291–93.) 2 Colony Ins. Co. v. Burke, 698 F.3d 1222, 1241 (10th Cir. 2012) (quoting Mann v. Boatright, 477 F.3d 1140, 1149 (10th Cir. 2007)). 3 DUCivR 5-3(a)(1). right of public access is “not absolute.”4 “[T]he presumption in favor of access to judicial records may be overcome where countervailing interests heavily outweigh the public interests in access.”5 “The burden is on the party seeking to restrict access to show some significant interest that outweighs the presumption.”6 For example, documents containing “sensitive, proprietary information concerning [a party’s] business practices” may properly be sealed.7 Finally, under the local rules, a motion to seal must be “narrowly tailored to seek protection of only the specific information that the party alleges is truly deserving of protection.”8 ANALYSIS

A. Motions to Seal Relating to MedComp’s Motion for Leave to File Sur-Reply The parties both move9 to seal portions of MedComp’s Motion for Leave to File Sur-Reply in Support of MedComp’s Motion to Stay, and portions of Exhibit A thereto.10

4 Colony Ins. Co., 698 F.3d at 1241 (citation omitted). 5 Id. (internal quotation marks omitted). 6 Id. (internal quotation marks omitted). 7 Braun v. Medtronic Sofamor Danek, Inc., 719 F. App’x 782, 801 n.8 (10th Cir. 2017) (unpublished); see also Deherrera v. Decker Truck Line, Inc., 820 F.3d 1147, 1162 n.8 (10th Cir. 2016) (“[A] party may overcome the presumption in favor of public access to judicial records by demonstrating the pages contain ‘sources of business information that might harm a litigant’s competitive standing.’” (quoting Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 598 (1978))). 8 DUCivR 5-3(b)(2)(A). 9 (Doc. No. 1038 (MedComp’s motion to seal); Doc. No. 1042 (Bard’s motion to seal).) 10 (Doc. Nos. 1039, 1039-1.) Bard also moves11 to seal Exhibits 1 and 2 to its opposition to MedComp’s motion for leave to file a sur-reply.12 MedComp’s motion for leave to file a sur-reply was not addressed on the merits—the court denied the motion as moot.13 Under these circumstances, the public’s interest in access to the sealed documents is minimal and is outweighed by the confidentiality interests articulated in the parties’ motions to seal. These motions to seal14 are granted. The documents at issue15 shall remain sealed until otherwise ordered. B. Motions to Seal Relating to MedComp’s Motion for Leave to Serve Supplemental Expert Report of Dr. Cooper

MedComp moves16 to seal portions of its Short Form Motion for Leave to Serve Supplemental Expert Report of Dr. Cooper Upon Identifying New Factual Assertions in Dr. Roche’s Rebuttal Report, and Exhibit 1 thereto,17 based on Bard’s confidentiality designations. Bard moves18 to seal the same documents, arguing they contain Bard’s confidential business information.

11 (Doc. No. 1045.) 12 (Doc. Nos. 1046-1, 1046-2.) 13 (See Mem. Decision and Order Den. as Moot Def.’s Short Form Disc. Mot. and Def.’s Mot. for Leave to File Surreply, Doc. No. 1053.) 14 (Doc. Nos. 1038, 1042, 1045.) 15 (Doc. Nos. 1039, 1039-1, 1046-1, 1046-2.) 16 (Doc. No. 1051.) 17 (Doc. Nos. 1052, 1052-1.) 18 (Doc. No. 1059.) A review of the sealed documents confirms they contain confidential business information, and the redactions are narrowly tailored to protect this information. Where the documents are filed in connection with briefing on a nondispositive motion, Bard’s confidentiality interests outweigh the public’s interest in access at this stage.19 These motions to seal20 are granted. The documents at issue21 shall remain sealed until otherwise ordered. C. Motions to Seal Relating to MedComp’s Motion for Leave to Serve Supplemental Expert Report of Lois Romans

MedComp moves22 to seal portions of its Short Form Motion for Leave to Serve Supplemental Rebuttal Expert Report of Lois Romans Upon Identifying New Factual Assertions in Dr. Roche’s Rebuttal Report, and Exhibit 1 thereto,23 based on Bard’s confidentiality designations. Bard moves24 to seal the same documents, arguing they contain Bard’s confidential business information. Bard also moves25 to seal portions of

19 See Deherrera, 820 F.3d at 1162 n.8 (“[T]he public’s interest in access to judicial records is lessened when the contents are not ‘used to determine [the] litigants’ substantive legal rights.’” (second alteration in original) (quoting Colony Ins. Co., 698 F.3d at 1242)). 20 (Doc. Nos. 1051, 1059.) 21 (Doc. Nos. 1052, 1052-1.) 22 (Doc. No. 1056.) 23 (Doc. Nos. 1057, 1057-1.) 24 (Doc. No. 1070.) 25 (Doc. No. 1072.) its opposition to MedComp’s short form motion, and Exhibit 1 thereto,26 arguing these documents likewise contain Bard’s confidential business information. A review of the sealed documents confirms they contain confidential business information, and the redactions are narrowly tailored to protect this information. Where the documents are filed in connection with briefing on a nondispositive motion, Bard’s confidentiality interests outweigh the public’s interest in access at this stage.27 These motions to seal28 are granted. The documents at issue29 shall remain sealed until otherwise ordered.

D. Motions to Seal Relating to Bard’s Motion to Compel Expert Report Draft

Bard moves30 to seal portions of its Short Form Motion to Compel Dr. Voth’s Expert Report Draft, and Exhibits A through D thereto,31 based on MedComp’s confidentiality designations. MedComp moves32 to seal the same documents, arguing they contain MedComp’s confidential business information and personal health

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Related

Nixon v. Warner Communications, Inc.
435 U.S. 589 (Supreme Court, 1978)
Mann v. Boatright
477 F.3d 1140 (Tenth Circuit, 2007)
Colony Insurance Co. v. Burke
698 F.3d 1222 (Tenth Circuit, 2012)
Deherrera v. Decker Truck Line, Inc.
820 F.3d 1147 (Tenth Circuit, 2016)