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Golden Bridge Technology, Inc. v. Apple Inc., 5:12-cv-04882-PSG. (2014)

Court: District Court, N.D. California Number: infdco20141219940 Visitors: 17
Filed: Dec. 18, 2014
Latest Update: Dec. 18, 2014
Summary: ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 584, 594) PAUL S. GREWAL, Magistrate Judge. "Historically, courts have recognized a `general right to inspect and copy public records and documents, including judicial records and documents.'" 1 Accordingly, when considering a sealing request, "a `strong presumption in favor of access' is the starting point." 2 Parties seeking to seal judicial records relating to dispositive motions bear the burden of overcoming the presumption with "compelling rea
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ORDER RE: MOTIONS TO SEAL

(Re: Docket Nos. 584, 594)

PAUL S. GREWAL, Magistrate Judge.

"Historically, courts have recognized a `general right to inspect and copy public records and documents, including judicial records and documents.'"1 Accordingly, when considering a sealing request, "a `strong presumption in favor of access' is the starting point."2 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.3

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

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)."12 "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."13

With these standards in mind, the courts rules on the instant motions as follows:

Motion Document to be Sealed Result Reason/Explanation to Seal 584 Docket No. 584-4, Apple's 9: 19-21; 26-27; 11:7-8; 16:14-15; Only sealed portions Opposition to GBT's 18:3-7 SEALED. supported by a Motion for Judgment as a Remainder UNSEALED. declaration and Matter of Law or in the narrowly tailored to Alternative for New Trial confidential technical materials, source code and business information. 584 Docket No. 584-5, Exhibit 740-982; 1125-1142; 1154-58; Only sealed portions B to the Declaration of 1175-1194; 1289-1294; 1386 narrowly tailored to Lowell D. Mead in Support SEALED. Remainder confidential technical of Apple's Opposition to UNSEALED. materials, source GBT's Rule 50(B) Motion code and business for Judgment as a Matter of information. Law of Infringement 594 Docket No. 594-4, Exhibit From "In the Intel Only sealed portions 12 to the Corrected implementation" until the end of supported by a Declaration of Jack Russo, the paragraph in the following: declaration and selected pages from the 45 ¶ 96; 46 ¶ 99; 47 ¶ 101; 47 ¶ narrowly tailored to Expert Report of Banimir 102; 48 ¶ 103 SEALED. confidential technical R. Vojcic, Ph.D. Remainder UNSEALED. materials, source code and business information.

SO ORDERED.

FootNotes


1. 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)).
2. Id. (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003)).
3. Id. at 1178-79.
4. Apple Inc. v. Samsung Electronics Co., Ltd., 727 F.3d 1214, 1228-29 (Fed. Cir. 2013).
5. See id. at 1180.
6. Id. at 1179 (internal quotations and citations omitted).
7. Id.
8. 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).
9. Beckman Indus., Inc. v. Int'l Ins. Co., 966 F.2d 470, 476 (9th Cir. 1992).
10. See Kamakana, 447 F.3d at 1179-80.
11. 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.").
12. 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).
13. Civ. L.R. 79-5(e)(1). The Civil Local Rules have recently been amended shortening the time available to the designating party to file a supporting declaration from seven days to four days. As this rule change was only recently implemented the court applies the prior form of Civ. L.R. 79-5 for the purposes of this order.
Source:  Leagle

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