Opinion
Case No. 3:10-CV-00482 (EDL)
10-21-2011
ALZHEIMER'S INSTITUTE OF AMERICA, INC., Plaintiff, v. ELAN PHARMACEUTICALS, INC., ELI LILLY AND COMPANY, Defendants.
Deborah E. Fishman (SBN 197584) Katie J.L. Scott (SBN 233171) Assad H. Rajani (SBN 251143) Jessica L. Hubley (SBN 260672) DICKSTEIN SHAPIRO LLP Charles D. Ossola ( admitted pro hac vice ) DICKSTEIN SHAPIRO LLP Attorneys for Defendant and Counterclaim Plaintiff ELAN PHARMACEUTICALS, INC
Deborah E. Fishman (SBN 197584)
Katie J.L. Scott (SBN 233171)
Assad H. Rajani (SBN 251143)
Jessica L. Hubley (SBN 260672)
DICKSTEIN SHAPIRO LLP
Charles D. Ossola (admitted pro hac vice)
DICKSTEIN SHAPIRO LLP
Attorneys for Defendant and Counterclaim Plaintiff
ELAN PHARMACEUTICALS, INC
JOINT STIPULATION TO
WITHDRAW ELAN'S JULY 19,
2011 ADMINISTRATIVE MOTION
TO FILE UNDER SEAL , ORDER
AND OTHER COUNTERCLAIMS
Pursuant to Civil L.R. 7-12 and Federal Rules of Civil Procedure 20(a)(2) and 21, Defendant Elan Pharmaceuticals, Inc. ("Elan") and Plaintiff Alzheimer's Institute of America, Inc. ("AIA") (collectively "the Parties"), by and through their respective counsel, hereby agree and stipulate, and respectfully request the Court to enter an Order withdrawing Elan's July 19, 2011 Administrative Motion to file under seal portions of Elan's Responsive Claim Construction Brief and Exhibit 23 to the Rajani Declaration in Support of Elan's Responsive Claim Construction Brief (D.N. 200).
This joint stipulation sets forth the following facts upon which the Parties agree:
1. On July 19, 2011, Elan filed an administrative motion to file portions of its Responsive Claim Construction Brief and Exhibit 23 to the Rajani Declaration in Support of Elan's Responsive Claim Construction Brief (D.N. 200). Pages 16-17 of Elan's Responsive Claim Construction Brief and Exhibit 23 contained selected passages of the deposition transcript of Dr. Michael Mullan previously designated as "CONFIDENTIAL - ATTORNEYS EYES ONLY" by AIA. AIA did not file a declaration pursuant to Civil L.R. 79-5(d) in support of sealing these documents.
2. On October 19, 2011, counsel for Elan and AIA conferred on Elan's administrative motion. The parties agree that Elan's Responsive Claim Construction Brief (D.N. 201) and Exhibit 23 (D.N. 202) are not confidential and should be filed publicly.
WHEREFORE, the Parties, by and through their respective counsel, hereby stipulate to and request this Court to enter an Order: (1) withdrawing Elan's July 19, 2011 Administrative Motion to file under seal portions of Elan's Responsive Claim Construction Brief and Exhibit 23 to the Rajani Declaration in Support of Elan's Responsive Claim Construction Brief (D.N. 200); and (2) permitting Elan to publicly file Elan's Responsive Claim Construction Brief and Exhibit 23 in unredacted form.
Respectfully Submitted,
Berrie R. Goldman
K. Lee Marshall (SBN 277092)
Robert Padway SBN 48439)
Berrie Goldman (SBN 246061)
BRYAN CAVE LLP
Ameer Gado (admitted pro hac vice)
Benjamin Sodey (admitted pro hac vice)
BRYAN CAVE LLP
Attorneys for Plaintiff
ALZHEIMER'S INSTITUTE OF AMERICA, INC.
Pursuant to General Order No. 45.X.B., the below filer attests that concurrence in the filing of this document has been obtained from the above Signatories.
Respectfully Submitted,
Assad H. Rajani
Deborah E. Fishman (SBN 197584)
Katie J.L. Scott (SBN 233171)
Assad H. Rajani (SBN 251143)
Jessica L. Hubley (SBN 260672)
DICKSTEIN SHAPIRO LLP
Charles D. Ossola (admitted pro hac vice)
DICKSTEIN SHAPIRO LLP
Attorneys for Defendant and Counterclaim Plaintiff
ELAN PHARMACEUTICALS, INC
Attorneys for Defendant and Counterclaim Plaintiff
ELAN PHARMACEUTICALS, INC.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
Honorable Elizabeth D. Laporte
DISTRICT COURT MAGISTRATE JUDGE