Trudell Medical International v. D R Burton Healthcare, LLC

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION No. 4:18-CV-9-BO

TRUDELL MEDICAL INTERNATIONAL, ) ) Plaintiff, ) ) v. ) OORDER ) D R BURTON HEALTHCARE LLC, ) ) Defendant. )

This matter is before the court on Plaintiff’s unopposed motion to redact certain portions of the transcript of the claim construction hearing held in this matter on October 22 and 23, 2020. Plaintiff seeks to the specified portions of the transcript on the ground they concern proprietary information produced by Plaintiff and excerpts from deposition transcripts of Plaintiff’s inventors of the ’588 Patent containing confidential business and technical information, all of which were sealed or redacted in connection with the parties’ claim construction briefing pursuant to the court’s February 12, 2020 order [DE #139]. (Pl.’s Mot. React Tr. [DE #189] at 1- 2.) For the reasons set forth in Plaintiff’s motion, the court finds that the public’s right of access is outweighed by Plaintiff’s compelling interests in protecting against competitive and/or financial harm to Plaintiff were such information made public. , 743 F.2d 231 (4th Cir. 1984). Public notice of Plaintiff’s request to seal and a reasonable opportunity to object have been provided by the filing of its motion, and no objections have been filed with the court. Plaintiff has narrowly tailored its request to remove only information that is sensitive and confidential and not otherwise publicly known. Plaintiff’s motion is therefore allowed.

CCONCLUSION For the foregoing reasons, Plaintiff’s Motion to Redact Transcript [DE #189] is GRANTED. The docketed transcript [DE ##187 188] shall be SEALED, and the court reporter shall submit for public filing a transcript with the following redactions:

Transcript of Proceedings on October 22, 2020

PPage:LLine(s) IIdentifierss (when less than entiire line is to rredacted) 15:19-21 15:25 From “where” to the end of line 25 16:1-3 Ending with the word before “It’s” on line 3 16:12-17 From “a” on line 12 to the end of line 17 17:17 From the word after “know” to the word before “or” 18:3-5 From “Mr.” on line 3 to the end of line 5 18:22-25 From “characterize” on line 22 to the end of line 25 19:1-19 19:21-22 From “Document” to the end of line 22 20:2-3 From the beginning of line 2 to the word before “And” on line 3 26:1-4 From the beginning of line 1 to the word before “Okay” on line 4 TTranscript of Proceedings on October 22, 2020

PPage:LLine(s) IIdentifierss (when less than entiire line is to rredacted) 26:9-13 27:1-3 From “what” to the end of line 3 27:8-10 From the word after “described” to the word “application” 43:3-15 From the word after “was” to the end of line 15 44:8-14 From “So” to the end of line 14 44:16-20 From “they” to the end of line 20 45:5-7 From “that” to the end of line 7 46:6-8 From the beginning of line 6 to the word before “So” on line 8 46:10-23 From the word after “inventor” on line 10 to the end of line 23 47:5-7 From “Now” to the word before “So” on line 7 50:4-10 53:14-16 From the beginning of line 14 to “structure”

54:9-21 From “That” to the end of line 21 58:24-25 From “In” to the end of line 25 59:1-4 From the beginning of line 1 to “page 4” on line 4 59:11-17 From the beginning of line 1 to the word before “and” on line 17 Transcript of Proceedings on October 23, 2020

Page:Line(s) Identifiers (when less than entire line is to redacted)

34:15-25 From “describe” to the end of line 25 35:1-5 From the beginning of line 1 to the word before “And” on line 5 35:10 From “a” to the word before “and” 35:22-25 From the beginning of line 22 to the word before “And” on line 25 36:7-10 From the beginning of line 7 to the word before “We’ on line 10 41:10-11 From “There’s” on line 10 to the word before “at” on line 11

This 28th day of June 2021.

KIMBERLY A. SWANK United States Magistrate Judge