Zoetis, Inc. v. Boehringer Ingelheim Vetmedica, GmbH

Opinion

PANITCH PHILIP L. HIRSCHHORN TEL: (215) 965-1257 FAX: (215) 965-1331 C H W A R Z E phirschhorn@panitchlaw.com October 21, 2022 VIA ECF Hon. Denise L. Cote United States District Court Southern District of New York 500 Pearl Street, Room 1910 New York, NY 10007 Re: Zoetis, Inc. v. Boehringer Ingelheim Vetmedica, GmbH, No. 21-cv-8319-DLC: Letter Motion to Seal the Memorandum and Certain Exhibits to the Declaration of Philip L. Hirschhorn in Support of Plaintiffs Motion for Partial Summary Judgment Dear Judge Cote: We represent Plaintiff Zoetis, Inc. (“Zoetis”) and write requesting the Court’s authorization to file the Memorandum and Exhibits 1, 2, 6 through 22, and 28 to the Declaration of Philip L. Hirschhorn, and the Statement of Undisputed Facts in Support of Plaintiff's Motion for Partial Summary Judgment under seal. The Motion and Memorandum, filed concurrently herewith, necessarily cite many times to the License Agreement at the heart of this breach of contract action, as well as to communications between the parties regarding that Agreement. The papers also attach the Agreement and certain of those communications as Exhibits 1, 2, 6 through 22, and 28. Section 7.2 of the Agreement declares that the terms of the Agreement are confidential to the Parties. Courts in this District have often found it prudent to seal confidential contracts. See Eastman Kodak Co. v. Asia Optical Co., 118 F. Supp. 3d 581, 585 (S-.D.N.Y. 2015) (sealing patent license agreement); Kelly v. Evolution Mkts., Inc., 626 F. Supp. 2d 364, 377 (S.D.NLY. 2009) (sealing employment and compensation agreement central to the dispute). Zoetis therefore respectfully requests the Court’s authorization to place the Memorandum, Statement of Undisputed Facts, Agreement, and communications under seal, G Respectfully submitted,

ref ha / ae Philip L. Hirschhorn Cc: All Counsel by ECF

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