Opinion
18-CV-06172 (JGK)
05-25-2022
PHYTO TECH CORP, d/b/a BLUE CALIFORNIA, and CONAGEN INC., Plaintiff, v. GIVAUDAN SA Defendants.
Martin J. Black Katherine A. Helm DECHERT LLP Martin J. Black (pro hac vice) Attorneys for Plaintiffs Phyto Tech Corp, and Conagen Inc.
Martin J. Black
Katherine A. Helm DECHERT LLP
Martin J. Black (pro hac vice)
Attorneys for Plaintiffs Phyto Tech Corp, and Conagen Inc.
NOTICE OF PLAINTIFFS' MOTION FOR LEAVE TO FILE UNDER PARTIAL SEAL
JOHN G. KOELTL, U.S.D.J.
APPLICATION GRANTED SO ORDERED
PLEASE TAKE NOTICE that, pursuant to Section VLA.2 of Your Honor's Individual Rules of Practice, Plaintiffs Phyto Tech Corp, and Conagen Inc., by and through the undersigned counsel, respectfully requests permission for leave to file Phyto Tech Corp, d/b/a Blue California and Conagen Inc.'s Proposed Supplemental Findings of Fact and Conclusion of Law Regarding Reasonable Royalty under partial seal, and to redact certain portions of those documents. Defendant Givaudan SA has advised that it does not object to this motion.
This is a case in which Plaintiffs allege trade secret violations. Plaintiffs' Proposed Supplemental Findings of Fact and Conclusion of Law Regarding Reasonable Royalty discuss confidential and proprietary financial and business information of BGN Tech LLC and Givaudan SA, information that is designated confidential by parties in this litigation under the protective order. This information is of significant value to Plaintiffs, as Plaintiffs intend to show at the forthcoming trial in this matter. The Court has previously granted requests by both parties to seal similar information in filings with the Court. See, e.g., Dkt. Nos. 40 (granting request to file sealed material); 73 (granting Plaintiffs' motion for leave to file documents under seal); 83 (granting letter motion to seal); 99 (granting Plaintiffs' motion for leave to file under partial seal); 104 (granting letter motion to seal).
To minimize the amount of material under seal, Plaintiffs do not seek to seal the entire document. Rather, Plaintiffs seek permission to redact certain specific portions of the Proposed Supplemental Findings of Fact and Conclusion of Law Regarding Reasonable Royalty that refer to such confidential and proprietary financial and business information. Those portions are highlighted in the attached document.