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RADWARE, LTD. v. A10 NETWORKS, INC., C-13-02021. (2014)

Court: District Court, N.D. California Number: infdco20140703b81 Visitors: 11
Filed: Jul. 02, 2014
Latest Update: Jul. 02, 2014
Summary: ORDER GRANTING ADMINISTRATIVE MOTIONS TO SEAL 137, 157, 161, 192, 193, 200, 217 RONALD M. WHYTE, District Judge. Before the court are 7 administrative motions to seal 14 documents. "Historically, courts have recognized a `general right to inspect and copy public records and documents, including judicial records and documents.'" Kamakana v. City & County of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Commc'ns, Inc., 435 U.S. 589 , 597 & n. 7 (1978)). Accordingly,
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ORDER GRANTING ADMINISTRATIVE MOTIONS TO SEAL 137, 157, 161, 192, 193, 200, 217

RONALD M. WHYTE, District Judge.

Before the court are 7 administrative motions to seal 14 documents. "Historically, courts have recognized a `general right to inspect and copy public records and documents, including judicial records and documents.'" Kamakana v. City & County of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 597 & n. 7 (1978)). Accordingly, when considering a sealing request, "a `strong presumption in favor of access' is the starting point." Id. (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003)). Parties seeking to seal judicial records relating to dispositive motions bear the burden of overcoming the presumption with "compelling reasons" that outweigh the general history of access and the public policies favoring disclosure. Id. at 1178-79.

However, "while protecting the public's interest in access to the courts, we must remain mindful of the parties' right to access those same courts upon terms which will not unduly harm their competitive interest." Apple Inc. v. Samsung Electronics Co., Ltd., 727 F.3d 1214, 1228-29 (Fed. Cir. 2013). Records attached to nondispositive motions therefore are not subject to the strong presumption of access. See id. Because the documents attached to nondispositive motions "are often unrelated, or only tangentially related, to the underlying cause of action," parties moving to seal must meet the lower "good cause" standard of Rule 26(c). Id. (internal quotations and citations omitted). As with dispositive motions, the standard applicable to nondispositive motions requires a "particularized showing," id., that "specific prejudice or harm will result" if the information is disclosed. Phillips ex rel. Estates of Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); see Fed. R. Civ. P. 26(c). "Broad allegations of harm, unsubstantiated by specific examples of articulated reasoning" will not suffice. Beckman Indus., Inc. v. Int'l Ins. Co., 966 F.2d 470, 476 (9th Cir. 1992). A protective order sealing the documents during discovery may reflect the court's previous determination that good cause exists to keep the documents sealed, see Kamakana, 447 F.3d at 1179-80, but a blanket protective order that allows the parties to designate confidential documents does not provide sufficient judicial scrutiny to determine whether each particular document should remain sealed. See Civ. L.R. 79-5(d)(1)(A) ("Reference to a stipulation or protective order that allows a party to designate certain documents as confidential is not sufficient to establish that a document, or portions thereof, are sealable.").

Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, a trial court has broad discretion to permit sealing of court documents for, inter alia, the protection of "a trade secret or other confidential research, development, or commercial information." Fed. R. Civ. P. 26(c)(1)(G). The Ninth Circuit has adopted the definition of "trade secrets" set forth in the Restatement of Torts, holding that "[a] trade secret may consist of any formula, pattern, device or compilation of information which is used in one's business, and which gives him an opportunity to obtain an advantage over competitors who do not know or use it." Clark v. Bunker, 453 F.2d 1006, 1009 (9th Cir. 1972) (quoting Restatement of Torts § 757, cmt. b). "Generally it relates to the production of goods. . . . It may, however, relate to the sale of goods or to other operations in the business. . . ." Id. In addition, the Supreme Court has recognized that sealing may be justified to prevent judicial documents from being used "as sources of business information that might harm a litigant's competitive standing." Nixon, 435 U.S. at 598.

In addition to making particularized showings of good cause, parties moving to seal documents must comply with the procedures established by Civ. L. R. 79-5. Pursuant to Civ. L. R. 79-5(b), a sealing order is appropriate only upon a request that establishes the document is "sealable," or "privileged or protectable as a trade secret or otherwise entitled to protection under the law." "The request must be narrowly tailored to seek sealing only of sealable material, and must conform with Civil L.R. 79-5(d)." Civ. L.R. 79-5(b) (requiring the submitting party to attach a "proposed order that is narrowly tailored to seal only the sealable material" which "lists in table format each document or portion thereof that is sought to be sealed," and an "unreadacted version of the document" that indicates "by highlighting or other clear method, the portions of the document that have been omitted from the redacted version."). "Within 4 days of the filing of the Administrative Motion to File Under Seal, the Designating Party must file a declaration as required by subsection 79-5(d)(1)(A) establishing that all of the designated material is sealable." Civ. L.R. 79-5(e)(1).

With these standards in mind, the court rules on the instant motions as follows.

Motion Document to be Sealed Ruling Reason/Explanation to Seal 137 Exhibit I to the Declaration GRANTED. Narrowly tailored to of David Kowalski In confidential business Support of A10 Networks, information. Inc.'s Motions for Summary Judgment 137 Exhibit I to the Declaration GRANTED. Narrowly tailored to of David Kowalski In confidential business Support of A10 Networks, information. Inc.'s Motions for Summary Judgment 157, 161 Radware's Opposition to GRANTED. Narrowly tailored to A10 Networks, Inc.'s confidential business Motion forSummary information. Judgment of Non- Infringement 157, 193 Declaration of Dr. Izhak GRANTED. Narrowly tailored to Rubin in Support of confidential business Radware's Opposition information. 157 Exhibit 2 to the Declaration GRANTED. Narrowly tailored to of Judith S.H. Hom in confidential business Support of Radware's information. Opposition 157 Exhibit 3 to the Declaration GRANTED. Narrowly tailored to of Judith S.H. Hom in confidential business Support of Radware's information. Opposition 157 Exhibit 4 to the Declaration GRANTED. Narrowly tailored to of Judith S.H. Hom in confidential business Support of Radware's information. Opposition 157 Exhibit 5 to the Declaration GRANTED. Narrowly tailored to of Judith S.H. Hom in confidential business Support of Radware's information. Opposition 157 Exhibit 6 to the Declaration GRANTED. Narrowly tailored to of Judith S.H. Hom in confidential business Support of Radware's information. Opposition 157 Exhibit 7 to the Declaration GRANTED. Narrowly tailored to of Judith S.H. Hom in confidential business Support of Radware's information. Opposition 192 Radware's Response to GRANTED. Narrowly tailored to Defendants'Supplemental confidential business Brief in Support of information. Summary Judgment Pursuant to this Court's Order Re Same 192, 200 Supplemental Declaration GRANTED. Narrowly tailored to Izhak Rubin, Ph.D. in confidential business Support of Radware, Inc.'s information. and Radware, Ltd.'s Opposition to Defendants F5 Networks, Inc.'s and A10 Networks, Inc.'s Motions for Summary Judgment of Non- Infringement and Invalidity of U.S. Patent Nos. 6,665,702, 8,266,319, and 8,484,374 192 Exhibit 1 to Radware's GRANTED. Narrowly tailored to Response to Defendants' confidential business Supplemental Brief in information. Support of Summary Judgment Pursuant to this Court's Order Re Same 217 Exhibit 1 to the Declaration GRANTED. Narrowly tailored to of Teri H.P. Nguyen in confidential business Support of Radware's information. Motion for Leave to Amend Infringement Contentions
Source:  Leagle

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