Filed: Sep. 01, 2016
Latest Update: Sep. 01, 2016
Summary: ORDER GRANTING SEALING MOTION [Re: ECF 88] BETH LABSON FREEMAN , District Judge . Before the Court is Defendant's administrative motion to file under seal portions of their briefing and exhibits. ECF 88. For the reasons stated below, the motion is GRANTED. I. LEGAL STANDARD "Historically, courts have recognized a `general right to inspect and copy public records and documents, including judicial records and documents.'" Kamakana v. City and Cnty. of Honolulu, 447 F.3d 1172, 1178 (9th C
Summary: ORDER GRANTING SEALING MOTION [Re: ECF 88] BETH LABSON FREEMAN , District Judge . Before the Court is Defendant's administrative motion to file under seal portions of their briefing and exhibits. ECF 88. For the reasons stated below, the motion is GRANTED. I. LEGAL STANDARD "Historically, courts have recognized a `general right to inspect and copy public records and documents, including judicial records and documents.'" Kamakana v. City and Cnty. of Honolulu, 447 F.3d 1172, 1178 (9th Ci..
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ORDER GRANTING SEALING MOTION
[Re: ECF 88]
BETH LABSON FREEMAN, District Judge.
Before the Court is Defendant's administrative motion to file under seal portions of their briefing and exhibits. ECF 88. For the reasons stated below, the motion is GRANTED.
I. LEGAL STANDARD
"Historically, courts have recognized a `general right to inspect and copy public records and documents, including judicial records and documents.'" Kamakana v. City and Cnty. 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)). Consequently, access to motions and their attachments that are "more than tangentially related to the merits of a case" may be sealed only upon a showing of "compelling reasons" for sealing. Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1101-02 (9th Cir. 2016). Filings that are only tangentially related to the merits may be sealed upon a lesser showing of "good cause." Id. at 1097.
In addition, sealing motions filed in this district must be "narrowly tailored to seek sealing only of sealable material." Civil L.R. 79-5(b). A party moving to seal a document in whole or in part must file a declaration establishing that the identified material is "sealable." 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." Id.
II. DISCUSSION
The Court has reviewed Defendant's sealing motion and declarations in support thereof. The Court finds that Defendant has articulated compelling reasons to seal the submitted documents. The proposed redactions are also narrowly tailored. The Court's ruling on the sealing request is set forth in the table below:
Identification of Documents Description of Documents Court's Order
to be Sealed
Defendant Blue Coat Systems, References to Blue Coat's GRANTED.
Inc.'s Motion to Strike highly confidential information
Plaintiff Finjan, Inc.'s Patent regarding products and
L.R. 3-1 Infringement functionality, operation,
Contentions Regarding U.S. architecture, and development
Patent Nos. 6,154,844; thereof, including reference to
6,965,968; and 7,418,731 portions of Blue Coat's source
("Blue Coat's Motion to code ("technical information").
Strike"), redacted at 11:4-16,
21-23.
Ex. 1 to Declaration of Gina H. References to Blue Coat's GRANTED.
Cremona in Support of Blue highly confidential technical
Coat's Motion to Strike information.
Infringement Contentions
("Cremona Declaration"),
redacted portions at pp. 9, 11,
12, 26, 27, 32, 34, 35, 39, 43,
44, 46, 47, 48, 49, 53-55, 58,
65, 68, 74, 82, 83.
Ex. 2 to Cremona Declaration, References to Blue Coat's GRANTED.
redacted portions at pp. 3-5, highly confidential technical
12-13, 15-21, 24-26, 29, 30, information.
35-40, 43, 44, 47-53, 57-60,
63, 64, 67-77, 80-84, 87-91,
97, 99-103, 110, 111, 113, 114,
118, 119, 126-129.
Ex. 3 to Cremona Declaration, References to Blue Coat's GRANTED.
redacted portions at pp. 1, 30, highly confidential technical
35, 42, 43. information.
Ex. 4 to Cremona Declaration, References to Blue Coat's GRANTED.
redacted portions at pp. 30, 35, highly confidential technical
47. information.
Ex. 5 to Cremona Declaration, References to Blue Coat's GRANTED.
redacted portions at pp. 1, 8, highly confidential technical
15, 21, 22, 26, 27, 38, 42, 44, information.
56, 65, 66, 72, 73, 78.
Ex. 6 to Cremona Declaration, References to Blue Coat's GRANTED.
redacted portions at pp. 4, 7-10, highly confidential technical
12, 20, 21, 25, 26, 28, 29, information.
38, 39, 40-42, 50, 53, 54, 56,
57.
Ex. 7 to Cremona Declaration, References to Blue Coat's GRANTED.
redacted portions at pp. 1, 11, highly confidential technical
62, 63, 81, 82, 107, 108, 120, information.
126
Ex. 8 to Cremona Declaration, References to Blue Coat's GRANTED.
redacted portions at pp. 13, 33, highly confidential technical
39, 40, 53, 54, 60, 61, 70, 71, information.
92, 93, 100, 110.
Ex. 9 to Cremona Declaration, References to Blue Coat's GRANTED.
redacted portions at pp. 3-5, highly confidential technical
12, 14-25, 30, 34-36, 38, 39, information.
40-51, 54-64, 68-74, 77-78,
80-82, 86-96, 98, 99, 100-106,
108-109, 113-119.
III. ORDER
For the foregoing reasons, the sealing motion at ECF 88 is GRANTED.
IT IS SO ORDERED.
