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AVAGO TECHNOLOGIES, INC. v. IPTRONICS INC., 5:10-cv-02863-EJD. (2015)

Court: District Court, N.D. California Number: infdco20150701c50 Visitors: 3
Filed: Jun. 30, 2015
Latest Update: Jun. 30, 2015
Summary: ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 581, 583, 585, 594, 596, 601, 610) PAUL S. GREWAL , Magistrate Judge . Before the court are seven administrative motions to file various documents under seal. 1 "Historically, courts have recognized a `general right to inspect and copy public records and documents, including judicial records and documents.'" 2 Accordingly, when considering a sealing request, "a `strong presumption in favor of access' is the starting point." 3 Parties seeking to
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ORDER RE: MOTIONS TO SEAL

(Re: Docket Nos. 581, 583, 585, 594, 596, 601, 610)

Before the court are seven administrative motions to file various documents under seal.1 "Historically, courts have recognized a `general right to inspect and copy public records and documents, including judicial records and documents.'"2 Accordingly, when considering a sealing request, "a `strong presumption in favor of access' is the starting point."3 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.4

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."5 Records attached to nondispositive motions therefore are not subject to the strong presumption of access.6 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).7 As with dispositive motions, the standard applicable to nondispositive motions requires a "particularized showing"8 that "specific prejudice or harm will result" if the information is disclosed.9 "Broad allegations of harm, unsubstantiated by specific examples of articulated reasoning" will not suffice.10 A protective order sealing the documents during discovery may reflect the court's previous determination that good cause exists to keep the documents sealed,11 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.12

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)."13 "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."14

With these standards in mind, the court rules on the instant motion as follows:

Motion Document to be Sealed Result Reason/Explanation to Seal 581-4 Plaintiffs' Opposition to Designations highlighted in Sealed portions Defendants Motion to yellow SEALED. narrowly tailored to Strike In Part the Avago confidential business Entities Infringement information. Contentions 581-6 Declaration of Floyd Designations highlighted in Sealed portions Anderson In Support of yellow SEALED. narrowly tailored to Plaintiffs' Opposition confidential business information. 581-8 Declaration of Kenneth Designations highlighted in Sealed portions Pedrotti In Support of yellow SEALED. narrowly tailored to Plaintiffs' Opposition confidential business information. 581-10/587-1 Exhibit A to Chang Only designations highlighted in Only sealed portions Declaration yellow at Docket No. 587-1 narrowly tailored to SEALED; remainder confidential business UNSEALED. information. 581-12/587-2 Exhibit B to Chang Only designations highlighted in Only sealed portions Declaration yellow at Docket No. 587-2 narrowly tailored to SEALED; remainder confidential business UNSEALED. information. 581-14/587-3 Exhibit C to Chang Only designations highlighted in Only sealed portions Declaration yellow at Docket No. 587-3 narrowly tailored to SEALED; remainder confidential business UNSEALED. information. 581-16 Exhibit D to Chang SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 581-18 Exhibit E to Chang SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 581-20 Exhibit F to Chang SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 581-22 Exhibit G to Chang SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 581-24 Exhibit H to Chang SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 581-26 Exhibit I to Chang SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 581-28 Exhibit W to Chang SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 583-4 Plaintiffs' Motion to Designations highlighted in Sealed portions Amend Infringement yellow SEALED. narrowly tailored to Contentions Pursuant to confidential business Patent L.R. 3-6 information. 583-5/587-4 Exhibit 1 to Chang Only designations highlighted in Only sealed portions Declaration yellow at Docket No. 587-4 narrowly tailored to SEALED; remainder confidential business UNSEALED. information. 583-6/587-5 Exhibit 2 to Chang Only designations highlighted in Only sealed portions Declaration yellow at Docket No. 587-5 narrowly tailored to SEALED; remainder confidential business UNSEALED. information. 583-7/587-6 Exhibit 3 to Chang Only designations highlighted in Only sealed portions Declaration yellow at Docket No. 587-6 narrowly tailored to SEALED; remainder confidential business UNSEALED. information. 583-8/587-7 Exhibit 4 to Chang Only designations highlighted in Only sealed portions Declaration yellow at Docket No. 587-7 narrowly tailored to SEALED; remainder confidential business UNSEALED. information. 583-9/587-8 Exhibit 5 to Chang Only designations highlighted in Only sealed portions Declaration yellow at Docket No. 587-8 narrowly tailored to SEALED; remainder confidential business UNSEALED. information. 583-10/587-9 Exhibit 6 to Chang Only designations highlighted in Only sealed portions Declaration yellow at Docket No. 587-9 narrowly tailored to SEALED; remainder confidential business UNSEALED. information. 583-11/587-10 Exhibit7 to Chang Only designations highlighted in Only sealed portions Declaration yellow at Docket No. 587-10 narrowly tailored to SEALED; remainder confidential business UNSEALED. information. 583-12/587-11 Exhibit 8 to Chang Only designations highlighted in Only sealed portions Declaration yellow at Docket No. 587-11 narrowly tailored to SEALED; remainder confidential business UNSEALED. information. 583-13/587-12 Exhibit 9 to Chang Only designations highlighted in Only sealed portions Declaration yellow at Docket No. 587-12 narrowly tailored to SEALED; remainder confidential business UNSEALED. information. 583-14/587-13 Exhibit 10 to Chang Only designations highlighted in Only sealed portions Declaration yellow at Docket No. 587-13 narrowly tailored to SEALED; remainder confidential business UNSEALED. information. 583-15/587-14 Exhibit 11 to Chang Only designations highlighted in Only narrowly Declaration yellow at Docket No. 587-14 tailored to SEALED; remainder confidential business UNSEALED. information. 583-16/587-15 Exhibit 12 to Chang Only designations highlighted in Only sealed portions Declaration yellow at Docket No. 587-15 narrowly tailored to SEALED; remainder confidential business UNSEALED. information. 583-17/587-16 Exhibit 13 to Chang Only designations highlighted in Only sealed portions Declaration yellow at Docket No. 587-16 narrowly tailored to SEALED; remainder confidential business UNSEALED. information. 583-18/587-17 Exhibit 14 to Chang Only designations highlighted in Only narrowly Declaration yellow at Docket No. 587-17 tailored to SEALED; remainder confidential business UNSEALED. information. 585-3 Defendant's Motion to Designations highlighted in Sealed portions Strike In Part the Avago green SEALED. narrowly tailored to Entities' Infringement confidential business Contentions information. 585-4 Exhibit 1 to Brandwajn Designations highlighted in Sealed portions Declaration yellow SEALED. narrowly tailored to confidential business information. 585-5 Exhibit 2 to Brandwajn Designations highlighted in Sealed portions Declaration yellow SEALED. narrowly tailored to confidential business information. 585-6 Exhibht 2, Ex. A and B to Designations highlighted in Sealed portions Brandwajn Declaration yellow SEALED. narrowly tailored to confidential business information. 585-7 Exhibit 3 to Brandwajn Designations highlighted in Sealed portions Declaration yellow SEALED. narrowly tailored to confidential business information. 585-8 Exhibit 4 to Brandwajn Designations highlighted in Sealed portions Declaration yellow SEALED. narrowly tailored to confidential business information. 585-9 Exhibit 5 to Brandwajn Designations highlighted in Sealed portions Declaration yellow SEALED. narrowly tailored to confidential business information. 585-10 Exhibit 6 to Brandwajn Designations highlighted in Sealed portions Declaration yellow SEALED. narrowly tailored to confidential business information. 585-11 Exhibit 7 to Brandwajn Designations highlighted in Sealed portions Declaration yellow SEALED. narrowly tailored to confidential business information. 585-12 Exhibit 8 to Brandwajn Designations highlighted in Sealed portions Declaration yellow SEALED. narrowly tailored to confidential business information. 585-13 Exhibit 9 to Brandwajn Designations highlighted in Sealed portions Declaration yellow SEALED. narrowly tailored to confidential business information. 585-14 Exhibit 10 to Brandwajn Designations highlighted in Sealed portions Declaration yellow SEALED. narrowly tailored to confidential business information. 585-15 Exhibit 11 to Brandwajn Designations highlighted in Sealed portions Declaration yellow SEALED. narrowly tailored to confidential business information. 585-16 Exhibit 12 to Brandwajn Designations highlighted in Sealed portions Declaration yellow SEALED. narrowly tailored to confidential business information. 594-4 Declaration of Henning Designations highlighted in Sealed portions Lysdal in Support of yellow SEALED. narrowly tailored to Defendants' Motion to confidential business Strike in Part the Avago information. Entities' Infringement Contentions 596-4 Plaintiffs' Motion to Designations highlighted in Sealed portions Compel the Production of yellow SEALED. narrowly tailored to Documents and Things confidential business information. 596-6 Exhibit T to Hunacek SEALED. Only sealed portions Declaration narrowly tailored to confidential business information. 601-4 Defendants' Opposition to Designations highlighted in Sealed portions the Avago Entities' green SEALED. narrowly tailored to Motion to Amend confidential business Infringement Contentions information. Pursuant to Patent L.R. 3-6 610-4 Avago's Reply Brief in Designations highlighted in Sealed portions support of Motion To yellow SEALED. narrowly tailored to Amend Infringement confidential business Contentions information.

SO ORDERED.

FootNotes


1. See Docket Nos. 563.
2. 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)).
3. Id. (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003)).
4. Id. at 1178-79.
5. Apple Inc. v. Samsung Electronics Co., Ltd., 727 F.3d 1214, 1228-29 (Fed. Cir. 2013).
6. See id. at 1180.
7. Id. at 1179 (internal quotations and citations omitted).
8. Id.
9. 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).
10. Beckman Indus., Inc. v. Int'l Ins. Co., 966 F.2d 470, 476 (9th Cir. 1992).
11. See Kamakana, 447 F.3d at 1179-80.
12. 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.").
13. Civ. L.R. 79-5(b). In part, Civ. L.R. 79-5(d) requires 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," Civ. L.R. 79-5(d)(1)(b), 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." Civ. L.R. 79-5(d)(1)(d).
14. Civ. L.R. 79-5(e)(1).
Source:  Leagle

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