Filed: Apr. 03, 2017
Latest Update: Apr. 03, 2017
Summary: ORDER GRANTING NISTICA INC.'S ADMINISTRATIVE MOTION TO SEAL PORTIONS OF ITS MOTION FOR FEES AND SELECT EXHIBITS [Re: ECF 736] BETH LABSON FREEMAN , District Judge . Before the Court is Nistica's administrative motion to file under seal portions of its Motion for Fees Under 35 U.S.C. 285 and select exhibits in support thereof. ECF 736. For the reasons stated below, the motion is GRANTED. I. LEGAL STANDARD "Historically, courts have recognized a `general right to inspect and copy public
Summary: ORDER GRANTING NISTICA INC.'S ADMINISTRATIVE MOTION TO SEAL PORTIONS OF ITS MOTION FOR FEES AND SELECT EXHIBITS [Re: ECF 736] BETH LABSON FREEMAN , District Judge . Before the Court is Nistica's administrative motion to file under seal portions of its Motion for Fees Under 35 U.S.C. 285 and select exhibits in support thereof. ECF 736. For the reasons stated below, the motion is GRANTED. I. LEGAL STANDARD "Historically, courts have recognized a `general right to inspect and copy public r..
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ORDER GRANTING NISTICA INC.'S ADMINISTRATIVE MOTION TO SEAL PORTIONS OF ITS MOTION FOR FEES AND SELECT EXHIBITS
[Re: ECF 736]
BETH LABSON FREEMAN, District Judge.
Before the Court is Nistica's administrative motion to file under seal portions of its Motion for Fees Under 35 U.S.C. § 285 and select exhibits in support thereof. ECF 736. 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-documents as confidential is not sufficient to establish that a document, or portions thereof, are sealable." Id.
II. DISCUSSION
The Court has reviewed Nistica's sealing motion (ECF 736) and the parties' declarations in support thereof (ECF 736-1, 740, 741). The Court finds the parties have articulated compelling reasons and good cause to seal the submitted documents. The Court's rulings on the sealing request are set forth in the table below:
ECF Document to Result Reasoning
No. be Sealed
736-4 Nistica's GRANTED as Contains confidential, trade secret and proprietary
Motion for Fees to highlighted product information relating to Nistica's accused
Under 35 portions. products and development projects. Kramer Decl.
U.S.C. § 285 ¶ 2, ECF 736-1. Also contains confidential
information regarding Finisar's business strategies
and plans. Chao Decl. ¶ 2, ECF 741.
736-5 Ex. 1 to Bennett GRANTED. Contains confidential, proprietary, and trade secret
Decl. ISO information about Finisar's products and
Nistica's business/marketing strategies and plans. Chao
Motion for Fees Decl. ¶ 3.
Under 35
U.S.C. § 285,
ECF 737-1
("Bennett
Decl.")
736-6 Ex. 2 to Bennett GRANTED. Contains confidential, proprietary, and trade secret
Decl. information about Finisar's products and
business/marketing strategies and plans. Chao
Decl. ¶ 3.
736-7 Ex. 3 to Bennett GRANTED. Contains Nistica's confidential, trade secret and
Decl. proprietary product information relating to its
accused products and development projects.
Kramer Decl. ¶ 4. Also contains excerpts of trial
transcripts and contain confidential information
regarding Finisar's business strategies and plans.
Chao Decl. ¶ 4.
736-8 Ex. 4 to Bennett GRANTED. Contains confidential technical information
Decl. relating to third-party specification requirements.
Rossetti Decl. ¶ 4, ECF 740. Also contains
confidential, proprietary, and
trade secret information about Finisar's products.
Chao Decl. ¶ 5.
736-9 Ex. 5 to Bennett GRANTED. Contains confidential communications and
Decl. technical information relating to third-party
products. Rossetti Decl. ¶ 5. Also contains
confidential, proprietary, and trade secret
information about Finisar's products and
business/marketing strategies and plans. Chao
Decl. ¶ 3.
736-10 Ex. 6 to Bennett GRANTED. Contains confidential, proprietary, and trade secret
Decl. information about Finisar's products and
business/marketing strategies and plans. Chao
Decl. ¶ 3.
736-11 Ex. 7 to Bennett GRANTED. Contains Nistica's confidential, trade secret and
Decl. proprietary product information relating to its
accused products and development projects.
Kramer Decl. ¶ 4. Also contains excerpts of trial
transcripts and contain confidential information
regarding Finisar's business strategies and plans.
Chao Decl. ¶ 4.
736-12 Ex. 9 to Bennett GRANTED. Contains confidential information regarding
Decl. Finisar's business and litigation strategies and
plans. Chao Decl. ¶ 6.
736-13 Ex. 10 to GRANTED. Contains confidential information regarding
Bennett Decl. Finisar's business/marketing strategies and plans.
Chao Decl. ¶ 7.
736-14, Ex. 11 to GRANTED. Contains confidential technical information
736-15, Bennett Decl. relating to third-party products. Rossetti Decl. ¶ 6;
736-16 Chao Decl. ¶ 8.
736-17 Ex. 12 to GRANTED. Contains confidential technical information
Bennett Decl. relating to third-party products. Rossetti Decl. ¶ 7;
Chao Decl. ¶ 8.
736-18 Ex. 13 to GRANTED. Contains confidential technical information
Bennett Decl. relating to third-party products. Rossetti Decl. ¶ 8;
Chao Decl. ¶ 8.
736-19 Ex. 15 to GRANTED. Correspondence between the parties providing
Bennett Decl. detail regarding Nistica's products and Finisar's
infringement theories relating to the confidential
technical details of those products. Kramer Decl.
¶ 4.
736-20 Ex. 17 to GRANTED. Contains confidential, proprietary, and trade secret
Bennett Decl. information about Finisar's products and
business/marketing strategies and plans. Chao
Decl. ¶ 3.
736-21 Ex. 18 to GRANTED. Contains confidential, proprietary, and trade secret
Bennett Decl. information about Finisar's products and
business/marketing strategies and plans. Chao
Decl. ¶ 3.
736-22 Ex. 19 to GRANTED. Contains confidential, proprietary, and trade secret
Bennett Decl. information about Finisar's products and
business/marketing strategies and plans. Chao
Decl. ¶ 3.
III. ORDER
For the foregoing reasons, Nistica's sealing motion at ECF 736 is GRANTED.
IT IS SO ORDERED.
