A Blog About Intellectual Property Litigation and the District of Delaware

Look, I get it. We write about redactions alot. Andrew wrote about redactions yesterday. I begged him not to, but he was like "shut up, I do what I want" before threatening me with the broken end of a bottle.

Actual reenactment
Actual reenactment AI-Generated, displayed with permission

But alas, I have lived long enough to see myself become the villain of this blog. Judge Andrews issued an opinion the other day that had some guidance on redactions that was too helpful not to share (if a bit disheartening for the budding redactors). Both parties in Regenxbio Inc. f/k/a ReGenX v. Sarepta Therapeutics, Inc., C.A. No. 20-1226, D.I. 249 (D. Del Feb 22, 2024) (Oral Order) filed timely notices of intent to redact the transcript of an omnibus hearing on SJ and Daubert motions. A bit later the plaintiff thereafter filed an unopposed motion to redact supported by a client declaration.

The very next day, however, Judge Andrews denied the motion and gave some insights as to the sort of information which does not qualify for redaction:

The Court has considered the motion and the declaration. Despite the references in both the motion and the declaration to specific terms of confidential agreements, the actual description during the argument was in general and often broad terms. True, Plaintiffs requested redactions are modest and not unreasonable, but I am unconvinced that disclosure that some of RegenXBio's licensing agreements including such things as modest up-front payments, the possibility of renegotiating an agreement if there was change of control, or all sorts of rights for worldwide use, would reveal any trade secrets or the equivalent or otherwise put RegenXBio at a competitive disadvantage in future licensing negotiations. The motion is DENIED.

Id. (internal citations omitted).

As someone who is neither modest, nor reasonable, this one hit me hard. What hope I have I of redaction redemption? precious little, probably. But I think the lesson here is that the demanding requirements of Avandia and Leucadia cannot be met merely by leaving most of the submission unredacted.

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