Case 1:14-cv-12405-ADB Document 722 Filed 09/20/17 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

CARDIAQ VALVE TECHNOLOGIES, INC.,

Plaintiff,

v. Civil Action No. 1:14-cv-12405-ADB

NEOVASC INC. and NEOVASC TIARA INC.,

Defendants.

ASSENTED-TO MOTION TO SEAL AND IMPOUND PORTIONS OF DEFENDANTS

NEOVASC INC.S AND NEOVASC TIARA INC.S OPPOSITION TO PLAINTIFFS
MOTION TO LIFT STAY AND SUPPORTING DOCUMENTS

Pursuant to Local Rule 7.2, Defendants Neovasc Inc. and Neovasc Tiara Inc.

(collectively, Neovasc) respectfully move that this Court impound and seal the following:

1. Portions of Defendants Neovasc Inc.s And Neovasc Tiara Inc.s Opposition To

Plaintiffs Motion To Lift Stay;

2. Portions of the Declaration of Alexei Marko In Support of Defendants Neovasc

Inc.s And Neovasc Tiara Inc.s Opposition To Plaintiffs Motion To Lift Stay;

and

3. The entirety of Exhibits A through D to the Declaration of Alexei Marko In

Support of Defendants Neovasc Inc.s And Neovasc Tiara Inc.s Opposition To

Plaintiffs Motion To Lift Stay.

Neovasc seeks an impoundment order because Neovascs Opposition to Plaintiffs

Motion To Lift Stay and supporting documents include information Neovasc designated

Confidential or Highly Confidential-Attorneys Eyes Only pursuant to the Protective Order.

 Case 1:14-cv-12405-ADB Document 722 Filed 09/20/17 Page 2 of 4

These documents provide information necessary for the Courts full consideration raised in

Defendants Opposition To Plaintiffs Motion To Lift Stay.

WHEREFORE, Neovasc respectfully requests that this Court impound and seal the

accompanying Opposition To Plaintiffs Motion To Lift Stay and supporting documents until

further order of the Court. At such time, Neovasc respectfully requests that the Court notify

counsel and allow them to retrieve the impounded documents from the Courts files. A

Proposed Order is submitted herewith.

LOCAL RULE 7.1 CERTIFICATION

I hereby certify that the undersigned counsel conferred in good faith with counsel for

Plaintiff in an effort to narrow or resolve the issues raised in this motion, and Plaintiffs counsel

indicated that Plaintiff assents to the above motion.

Dated: September 20, 2017 Respectfully submitted,

/s/ Charles T. Graves

Charles Tait Graves (pro hac vice)
WILSON SONSINI GOODRICH & ROSATI, P.C.
One Market Plaza
Spear Tower, Suite 3300
San Francisco, CA 94105
Phone: 415-947-2109
Fax: 415-947-2099
Email: tgraves@wsgr.com

Alan D. Rose (BBO #427280)

Meredith Wilson Doty (BBO #652220)
ROSE, CHINITZ & ROSE
One Beacon Street, 23rd Floor
Boston, MA 02108
Phone: 617-536-0040

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Case 1:14-cv-12405-ADB Document 722 Filed 09/20/17 Page 3 of 4

Fax: 617-536-4400

Attorneys for Defendants

Neovasc Inc. and Neovasc Tiara Inc.

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 Case 1:14-cv-12405-ADB Document 722 Filed 09/20/17 Page 4 of 4

CERTIFICATE OF SERVICE
I hereby certify that this document filed through the CM/ECF system will be sent
electronically to the registered participants as identified in the Notice of Electronic Filing and
paper or electronic copies will be delivered to those indicated as non-registered participants on
September 20, 2017.

/s/ Charles T. Graves s

Charles T. Graves
 Case 1:14-cv-12405-ADB Document 722-1 Filed 09/20/17 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

CARDIAQ VALVE TECHNOLOGIES, INC.,

Plaintiff,

v. Civil Action No. 1:14-cv-12405-ADB

NEOVASC INC. and NEOVASC TIARA INC.,

Defendants.

[PROPOSED] ORDER OF IMPOUNDMENT

AND NOW, this ___ day of ____________, 2017, upon consideration of Defendants

Assented-To Motion to Seal and Impound Defendants Neovasc Inc.s And Neovasc Tiara

Inc.s Opposition to Plaintiffs Motion to Lift Stay and Supporting Documents,

IT IS HEREBY ORDERED that Defendants Neovasc Inc. and Neovasc Tiara Inc. may file the

following documents under seal:

1. Portions of Defendants Neovasc Inc.s And Neovasc Tiara Inc.s Opposition To

Plaintiffs Motion To Lift Stay;

2. Portions of the Declaration of Alexei Marko In Support Of Defendants Neovasc

Inc.s And Neovasc Tiara Inc.s Opposition To Plaintiffs Motion To Lift Stay;
and

3. The entirety of Exhibits A through D to the Declaration of Alexei Marko In

Support Of Defendants Neovasc Inc.s And Neovasc Tiara Inc.s Opposition To

Plaintiffs Motion To Lift Stay.

Such documents shall be impounded until further order of the Court. At such time,

Defendants may retrieve the impounded documents from the Courts files.

SO ORDERED.

Allison D. Burroughs
United States District Court Judge