Filed: May 30, 2019
Latest Update: May 30, 2019
Summary: OMNIBUS ORDER RE: THE PARTIES' DAUBERT SEALING MOTIONS [Re: ECF 479, 482, 494, 497, 519] BETH LABSON FREEMAN , District Judge . Before the Court are the parties' administrative motions to file under seal portions of their briefing and exhibits in connection with the parties' Daubert motions. ECF 479, 482, 494, 497, 519. For the reasons stated below, each motion is GRANTED IN PART and DENIED IN PART. I. LEGAL STANDARD "Historically, courts have recognized a `general right to inspect and
Summary: OMNIBUS ORDER RE: THE PARTIES' DAUBERT SEALING MOTIONS [Re: ECF 479, 482, 494, 497, 519] BETH LABSON FREEMAN , District Judge . Before the Court are the parties' administrative motions to file under seal portions of their briefing and exhibits in connection with the parties' Daubert motions. ECF 479, 482, 494, 497, 519. For the reasons stated below, each motion is GRANTED IN PART and DENIED IN PART. I. LEGAL STANDARD "Historically, courts have recognized a `general right to inspect and ..
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OMNIBUS ORDER RE: THE PARTIES' DAUBERT SEALING MOTIONS
[Re: ECF 479, 482, 494, 497, 519]
BETH LABSON FREEMAN, District Judge.
Before the Court are the parties' administrative motions to file under seal portions of their briefing and exhibits in connection with the parties' Daubert motions. ECF 479, 482, 494, 497, 519. For the reasons stated below, each motion is GRANTED IN PART and DENIED IN PART.
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 & Cty. 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 motions that are "more than tangentially related to the underlying cause of action" bear the burden of overcoming the presumption with "compelling reasons" that outweigh the general history of access and the public policies favoring disclosure. Ctr. for Auto Safety v. Chrysler Grp., 809 F.3d 1092, 1099 (9th Cir. 2016); Kamakana, 447 F.3d 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 Elecs. Co., Ltd., 727 F.3d 1214, 1228-29 (Fed. Cir. 2013). Records attached to motions that are "not related, or only tangentially related, to the merits of a case" therefore are not subject to the strong presumption of access. Ctr. for Auto Safety, 809 F.3d at 1099; see also Kamakana, 447 F.3d at 1179 ("[T]he public has less of a need for access to court records attached only to non-dispositive motions because those documents are often unrelated, or only tangentially related, to the underlying cause of action."). Parties moving to seal the documents attached to such motions must meet the lower "good cause" standard of Rule 26(c). Kamakana, 447 F.3d at 1179 (internal quotations and citations omitted). This standard 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.").
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). 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 "unredacted 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). "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).
II. DISCUSSION
The Court has reviewed Plaintiff and Defendants' sealing motions and the declarations of the designating parties submitted in support thereof. The Court finds that the parties have articulated compelling reasons to seal certain portions of the submitted documents. The proposed redactions are generally narrowly tailored. The Court's rulings on the sealing requests are set forth in the tables below.
A. ECF 479 (Plaintiff's motion re Plaintiff's Daubert motion and exhibits)
ECF Document to be Result Reasoning
No. Sealed:
479-18 Plaintiff's Notice GRANTED as to Google's request: Contains confidential
of Motion and highlighted portions. information about the
Daubert Motion to design and operation of
Exclude Expert Loon's navigational
Testimony and systems and its technical
Portions of development. Werdegar
Related Expert Decl. ¶ 6, ECF 487-1.
Reports, and Public disclosure would
Exhibits Thereto expose Google to
competitive harm. Id.
479-19 Exhibit 1 to the GRANTED as to Space Data's Contains Space Data's
Hosie Declaration request: yellow highlighted proprietary information,
portions. including purported trade
secrets. See Ritchie Decl.
¶ 6, ECF 481. Public
disclosure would expose
Space Data to competitive
harm. Id.
GRANTED as to Google's request: Contains confidential
orange highlighted portions. information about Google's
project development
practices. Werdegar
Decl. ¶ 7, ECF 487-1.
Public disclosure would
expose Google to
competitive harm. Id.
479-20 Exhibit 2 to the GRANTED as to Google's request: Contains confidential
Hosie Declaration Page 98, lines 4-6. information about Google's
project development
practices, including
discussions about a project
under consideration.
Werdegar Decl. ¶ 8, ECF
487-1. Public disclosure
would expose Google to
competitive harm. Id.
479-21 Exhibit 3 to the GRANTED as to Space Data's Contains Space Data's
Hosie Declaration request: highlighted portions. proprietary information,
including purported trade
secrets. See Ritchie Decl.
¶ 6, ECF 481. Public
disclosure would expose
Space Data to competitive
harm. Id.
GRANTED as to Google's request: Contains confidential
Table of Contents: VI B.1a-d; information about the design
VIII.A-C. and operation of Loon's
flight and navigational
Body Text: ¶¶ 72; 73 (first line); 74 systems. Werdegar
(last line); 75; 76-116, 83 Decl. ¶ 9, ECF 487-1.
(heading); 91 (heading); 101 Public disclosure would
(heading); 106 (heading); 118-33; expose Google to
147; 148 (lines 2, 3, and 6); 149 competitive harm. Id.
(last three lines); 150-54; 156-60;
164 (first two lines); 165-73; 174
(third line); 175 (second and fifth
line); 176-77; 178 (first two lines);
179 (first line); 180; 183, 194-96;
198 (first three lines); 199-200;
202; 221-26; 238-40; 240 n.12;
242-44; 246-48; 251-55; 277-81;
282 (last two lines); 284-86; 287
(last line); 291-92; 297 (third line);
304 (heading); 305 (last three
lines); 306-08, 307 (heading); 310
(heading) 310-13, 314 (first two
lines); 325 (first three lines); 326
(first three lines); 327-28; 329
(bottom 6 lines); 330 (including
images); 333-34; 335-36
(including image); 343; 345-57;
359-60; 362-63; 368-69; 371;
374-75; 376 (third line); 377-78;
380-81.
DENIED as to the remainder. Google, the designating
party, does not seek to seal
the remainder.
479-22 Exhibit 4 to the GRANTED as to Google's request: Contains confidential
Hosie Declaration highlighted portions. information about the design
and operation of Loon's
navigational systems.
Werdegar Decl. ¶ 10, ECF
487-1. Public disclosure
would expose Google to
competitive harm. Id.
479-23 Exhibit 8 to the DENIED. Google, the designating
Hosie Declaration party, does not seek to seal
this document.
479-24 Exhibit 11 to the GRANTED as to Google's request: Contains confidential
Hosie Declaration highlighted portions. information about the design
and operation of Loon's
navigational systems.
Werdegar Decl. ¶ 11, ECF
487-1. Public disclosure
would expose Google to
competitive harm. Id.
479-25 Exhibit 13 to the GRANTED as to Space Data's Contains Space Data's
Hosie Declaration request: highlighted portions. proprietary information,
including purported trade
secrets. See Ritchie Decl.
¶ 13, ECF 481. Public
disclosure would expose
Space Data to competitive
harm. Id.
GRANTED as to Google's request: Contains confidential
Headings: 2.4; 2.5.2 (second line). information about Google's
business development,
Body Paragraphs: ¶¶ 15 (second practices, and strategy,
to last line); 18 (last three lines); including how Google
20; 24 (highlighted portion); 26 evaluates strategic partner
(last two lines); 27-28; 30 (third torelationships. Werdegar
last line); 31-36; 38; 39 (lines two Decl. ¶ 12, ECF 487-1.
and three); 40; 42 (second line); 44; Public disclosure would
45 (first and second to last line); expose Google to
46-47; 52 (last seven lines); 104-19; competitive harm. Id.
140 (last line); 146; 148 (last
two lines) 184; 187 (second line);
188; 195-96; 201 (first two lines);
209 (first three lines); 223; 224
(bottom seven lines); 258-59; 260
(last five lines); 270; 272-75; 277
(last two lines); 278 (line three);
283, 285 (last five lines); 286; 287
(lines three to five); 288-93; 294
(line five); 295; 296 (lines three,
four and eight); 297 (last three
lines); 302-03; 308-11; 312 (third
line); 313 (lines two and three); 316
(last three lines); 317-19; 320 (third
line and last three lines); 321 (lines
one and three to five); 329 (last two
lines); 330 (last six lines); 331; 338
(lines seven and eight); 340 (line 2);
344 (line three); 348; 365 (last
line); 444; 446 (last two lines); 447
(lines three to five and lines 10 to
13).
Footnotes: nn. 3, 13 (highlighted
portion); 24; 32; 38; 47; 109; 111;
126; 157; 270-71; 278; 280; 288;
290-91; 306; 308.
Exhibits:
Exhibit 2 (entirety)
Exhibit 3, ver. 1 & nn. 1, 5, and 12;
Exhibit 3, ver. 2 & nn. 1, 5, and 12;
Exhibit 3, ver. 3 & nn. 1, 5, and 12.
DENIED as to the remainder. Google, the designating
party, does not seek to seal
the remainder.
479-26 Exhibit 14 to the GRANTED as to Google's request: Contains confidential
Hosie Declaration Pg. 25, lines 16, 23; Pg. 28, lines information about Google's
12-20. business development,
practices, and strategy,
including how Google
evaluates strategic partner
relationships. Werdegar
Decl. ¶ 13, ECF 487-1.
Public disclosure would
expose Google to
competitive harm. Id.
DENIED as to the remainder. Google, the designating
party, does not seek to seal
the remainder.
479-27 Exhibit 15 to the GRANTED as to Google's request: Contains confidential
Hosie Declaration Pg. 21, lines 16-22. information about Google's
revenue and financial
information. Werdegar
Decl. ¶ 14, ECF 487-1.
Public disclosure would
expose Google to
competitive harm. Id.
DENIED as to the remainder. Google, the designating
party, does not seek to seal
the remainder.
479-28 Exhibit 16 to the GRANTED as to Google's request: Contains confidential
Hosie Declaration 193:1-194:25; 198:1-199:25. information about Google's
business development
practices, including internal
discussions about
technologies being
developed. Werdegar
Decl. ¶ 15, ECF 487-1.
Public disclosure would
expose Google to
competitive harm. Id.
479-29 Exhibit 17 to the GRANTED as to Google's request: Contains confidential
Hosie Declaration The following paragraphs found on information about Google's
pages 7 to 10: ¶¶ 5, 7; 8-9; 14; 18; business development
21; 41-42. practices, including internal
discussions about
technologies being
developed. Werdegar
Decl. ¶ 16, ECF 487-1.
Public disclosure would
expose Google to
competitive harm. Id.
DENIED as to the remainder. Google, the designating
party, does not seek to seal
the remainder.
479-30 Exhibit 18 to the GRANTED as to Google's request: Contains confidential
Hosie Declaration Entirety of page 2. information about the design
and operation of Loon's
flight systems. Werdegar
Decl. ¶ 17, ECF 487-1.
Public disclosure would
expose Google to
competitive harm. Id.
DENIED as to the remainder. Google, the designating
party, does not seek to seal
the remainder.
479-31 Exhibit 19 to the GRANTED as to Google's request: Contains confidential
Hosie Declaration Pg. 8, lines 3-7. information about the design
and operation of Loon's
balloon fleet. Werdegar
Decl. ¶ 18, ECF 487-1.
Public disclosure would
expose Google to
competitive harm. Id.
DENIED as to the remainder. Google, the designating
party, does not seek to seal
the remainder.
B. ECF 482 (Defendants' motion re Defendants' Daubert motion and exhibits
ECF Document to be Result Reasoning
No. Sealed:
482-4 Google's Motion to GRANTED as to Google's request: Contains confidential
Exclude Expert yellow highlighted portions. information about Loon's
Testimony R&D plans, business plans,
and financial projections.
Werdegar Decl. ¶ 8, ECF
482-1. Public disclosure
would expose Google to
competitive harm. Id.
GRANTED as to Space Data's Contains Space Data's
request: Pg. 10, lines 25-28. proprietary financial
information, including
purported trade secrets.
See Ritchie Decl. ¶ 6,
ECF 488-1. Public
disclosure would expose
Space Data to competitive
harm. Id.
482-5 Exhibit 1 to the GRANTED as to Google's request: Contains confidential
Declaration of The following paragraphs, Exhibits information about Google's
Matthew M. and accompanying footnotes: ¶¶ 82-90; business development
Werdegar VS/O 92-112; 114; 121; 124-31; 134-37; practices, including internal
Google's Motion to 140; 142-45; 149-50; 153-58; discussions about Google's
Exclude Expert 163-66; 169-72; 175-76; 182-84; marketing and partnership
Testimony 186-96; 199-202; 206-07; 209-10; plans. Werdegar Decl. ¶ 9,
(Excerpts of the Exhibits 5, 6C, & 6D. ECF 482-1. Public
Report of Dr. disclosure would expose
Christine Meyer Google to competitive harm.
("Meyer Report") Id.
and Exhibits 5, 6C
& 6D) GRANTED as to Space Data's Contains Space Data's
request: ¶ 147. confidential strategic
business information,
including information
pertaining to third-parties.
See Ritchie Decl. ¶ 7,
ECF 488-1. Public
disclosure would expose
Space Data to competitive
harm. Id.
DENIED as to the remainder. Space Data, the designating
party, does not seek to seal
the remainder.
482-6 Exhibit 2 to the GRANTED as to Google's request: Contains confidential
Werdegar ¶¶ 13; 14 (second line only); 19; information about Google's
Declaration nn.4-7, 9-10, 14-16. revenue and financial
(Excerpts of the projections. Werdegar
Addendum to the Decl. ¶ 10, ECF 482-1.
Meyer Report) Public disclosure would
expose Google to
competitive harm. Id.
DENIED as to the remainder. Space Data, the designating
party, does not seek to seal
the remainder.
482-8 Exhibit 4 to the GRANTED as to Google's request: Contains confidential
Werdegar 42:1-43:15; 44:6-44:25; 95:17-95:24; information about Loon's
Declaration 96:11-97:9; 97:24-98:25; business plans and financial
(Excerpts of the 100:23-101:18; 104:2-106:25; projections. Werdegar
December 2018 107:21-110:5; 110:14-110:25; Decl. ¶ 11, ECF 482-1.
Deposition of 122:1-124:10; 127:2-127:8; 228:9-228:14; Public disclosure would
Christine Meyer) 228:18-229:15; 238:1-238:25; expose Google to
250:5-250:23. competitive harm. Id.
GRANTED as to Space Data's Contains Space Data's
request: Pg. 73, lines 22-25; pg. 95, confidential financial and
lines 10, 15, and 19; pg. 229, strategic business
line 20. information, including
information pertaining to
third-parties. See Ritchie
Decl. ¶¶ 6, 7, ECF 488-1.
Public disclosure would
expose Space Data to
competitive harm. Id.
DENIED as to the remainder. Space Data, the designating
party, does not seek to seal
the remainder.
482-9 Exhibit 5 to the GRANTED as to Google's request: Contains confidential
Werdegar the entire document. information about Google's
Declaration business development
(Excerpts of the practices, including internal
Deposition of Anne discussions about Google's
Bray) partnership plans. Werdegar
Decl. ¶ 12, ECF 482-1.
Public disclosure would
expose Google to
competitive harm. Id.
482-10 Exhibit 7 to the GRANTED as to Google's request: Contains confidential
Werdegar highlighted portions of pages 84 to information about Google's
Declaration (Space 85 as indicated in Google's business development
Data's July 2018 Administrative Motion to File practices, including internal
Amended Under Seal and accompanying discussions about Google's
Responses to Exhibit. partnership plans. Werdegar
Google's Decl. ¶ 13, ECF 482-1.
Interrogatory Public disclosure would
No. 8) expose Google to
competitive harm. Id.
DENIED as to the remainder. Space Data, the designating
party, does not seek to seal
the remainder.
482-11 Exhibit 8 to the GRANTED as to Space Data's Contains Space Data's
Werdegar request: the entire document. proprietary financial
Declaration (Space information, including
Data's 2015 purported trade secrets.
Consolidated See Ritchie Decl. ¶ 6,
Financial Report) ECF 488-1. Public
disclosure would expose
Space Data to competitive
harm. Id.
482-12 Exhibit 9 to the DENIED. Space Data, the designating
Werdegar party, does not seek to seal
Declaration this document.
(Opening Expert
Report of Sam
Pullen)
482-13 Exhibit 10 to the GRANTED as to Google's request: Contains confidential
Werdegar ¶¶ 485-86; 486; 486 nn.749-51; information about the design
Declaration 655; 655 n.922; 677; 678. and operation of Loon's
(Excerpts of navigational systems.
Appendix A to the Werdegar Decl. ¶ 14, ECF
Expert Report of 482-1. Public disclosure
Sam Pullen) would expose Google to
competitive harm. Id.
DENIED as to the remainder. Space Data, the designating
party, does not seek to seal
the remainder.
C. ECF 494 (Plaintiff's motion re Opmosition brief and exhibits
ECF Document to be Result Reasoning
No. Sealed:
494-19 Plaintiff's GRANTED as to Space Data's Contains Space Data's
Opposition to request: highlighted portions at proprietary business
Defendants' pg. 8, lines 10 & 12. information, including
Motion to Exclude information pertaining to
Expert Testimony third-party partners.
See Ritchie Decl. ¶¶ 5, 9,
ECF 494-1. Public
disclosure would expose
Space Data to competitive
harm. Id.
GRANTED as to Google's request: Contains confidential
highlighted portions, plus: information about Loon's
• page 9, line 18, text in business development,
second parenthetical; practices, and strategy.
• page 10, line 3, text between Werdegar Decl. ¶ 6, ECF
"opine that" and "is non-infringing"; 510-1. Public disclosure
would expose Google to
• and page 10, line 5, text competitive harm. Id.
between "which used" and
"infringed."
494-20 Exhibit A to the GRANTED as to Space Data's Contains Space Data's
Hosie Declaration request: proprietary business
• ¶ 11(f) information, including
• ¶ 14 (lines 4) information pertaining to
• ¶ 15 (company at lines 5 & third-party partners.
6) See Ritchie Decl. ¶¶ 5-9,
• ¶ 50 (lines 4-5) ECF 494-1. Public
• ¶ 61 (end of line 4) disclosure would expose
• ¶ 64 (lines 3-4 & 6-7) Space Data to competitive
• ¶ 66 (line 4) harm. Id.
• it 147
• ¶ 217 (dollar amounts)
• Footnote 537.
GRANTED as to Google's request: Contains confidential
The following paragraphs and information about Google's
accompanying footnotes: ¶¶ 11(b) business development and
& (c); 19-20; 26-28; 29 (last two partnership plans, including
sentences); 30; 33-36; 41-48; 51-52; highly sensitive revenue and
82-90; 92-112; 114; 121; 124-31; financial information.
134-37; 140; 142-45; 149-50; Werdegar Decl. ¶ 7,
153-58; 163-66; 169-72; 175-76; ECF 510-1. Public
182-84; 186-96; 199-02; 206-07; disclosure would expose
209-10; 218-19. Google to competitive harm.
Id.
Footnote: n. 53.
Headings: B.1 (pg. 12); B.3 (pg.
19); II.C.1 (page 23); III.C.4. (page
47); III.E.a.2.i-v (pages 62-65).
DENIED as to the remainder. Google, the designating
party, does not seek to seal
the remainder.
494-21 Exhibit B to the GRANTED as to Google's request: Contains confidential
Hosie Declaration highlighted portions of ¶ 140 and information about Google's
nn. 38 & 157. marketing and partnership
plans. Werdegar Decl. ¶ 8,
ECF 510-1. Public
disclosure would expose
Google to competitive harm.
Id.
DENIED as to the remainder. Google, the designating
party, does not seek to seal
the remainder.
494-22 Exhibit C to the GRANTED as to Space Data's Contains Space Data's
Hosie Declaration request: pg. 117, line 8 (name of confidential information that
project). pertains to a prospective
relationship with a third-party.
Hosie Decl. ¶ 6,
ECF 494-2.
GRANTED as to Google's request: Contains confidential
Pg. 117, line 8. information about Google's
strategic partnership
practices, including specific
business relationships under
evaluation. Werdegar
Decl. ¶ 9, ECF 510-1.
Public disclosure would
expose Google to
competitive harm. Id.
DENIED as to the remainder. Google, the designating
party, does not seek to seal
the remainder.
494-23 Exhibit D to the GRANTED as to Google's request: Contains confidential
Hosie Declaration the entire document. information about Loon's
business development,
practices, and strategy.
Werdegar Decl. ¶ 10, ECF
510-1. Public disclosure
would expose Google to
competitive harm. Id.
494-24 Exhibit E to the GRANTED as to Space Data's Contains Space Data's
Hosie Declaration request: the entire document. proprietary business
information, including
information pertaining to
third-party partners.
See Ritchie Decl. ¶¶ 8, 9,
ECF 494-1. Public
disclosure would expose
Space Data to competitive
harm. Id.
494-25 Exhibit F to the GRANTED as to Space Data's Contains Space Data's
Hosie Declaration request: the entire document. proprietary business
information, including
information pertaining to
third-party partners.
See Ritchie Decl. ¶¶ 8, 9,
ECF 494-1. Public
disclosure would expose
Space Data to competitive
harm. Id.
494-26 Exhibit G to the GRANTED as to Space Data's Contains Space Data's
Hosie Declaration request: the entire document. proprietary business
information, including
information pertaining to
third-party partners.
See Ritchie Decl. ¶¶ 8, 9,
ECF 494-1. Public
disclosure would expose
Space Data to competitive
harm. Id.
494-27 Exhibit H to the GRANTED as to Space Data's Contains Space Data's
Hosie Declaration request: the entire document. proprietary business
information, including
information pertaining to
third-party partners.
See Ritchie Decl. ¶¶ 8, 9,
ECF 494-1. Public
disclosure would expose
Space Data to competitive
harm. Id.
494-28 Exhibit I to the GRANTED as to Space Data's Contains Space Data's
Hosie Declaration request: highlighted portions. proprietary business
information, including
information pertaining to
third-party partners.
See Ritchie Decl. ¶¶ 8, 9,
ECF 494-1. Public
disclosure would expose
Space Data to competitive
harm. Id.
494-29 Exhibit J to the GRANTED as to Google's request: Contains confidential
Hosie Declaration highlighted portions. information about Loon's
R&D plans, including
technologies under
development. Werdegar
Decl. ¶ 11, ECF 510-1.
Public disclosure would
expose Google to
competitive harm. Id.
494-30 Exhibit K to the GRANTED as to Google's request: Contains confidential
Hosie Declaration highlighted portions. information about Google's
R&D plans, including
revenue information.
Werdegar Decl. ¶ 12,
ECF 510-1. Public
disclosure would expose
Google to competitive harm.
Id.
494-31 Exhibit L to the GRANTED as to Google's request: Contains confidential
Hosie Declaration the entire document. information about Loon's
R&D plans, including
technologies under
development. Werdegar
Decl. ¶ 13, ECF 510-1.
Public disclosure would
expose Google to
competitive harm. Id.
494-32 Exhibit M to the GRANTED as to Google's request: Contains confidential
Hosie Declaration the entire document. information about Loon's
R&D plans, including
technologies under
development. Werdegar
Decl. ¶ 14, ECF 510-1.
Public disclosure would
expose Google to
competitive harm. Id.
494-33 Exhibit N to the GRANTED as to Google's request: Contains confidential
Hosie Declaration highlighted portions. information about Loon's
R&D plans, including
technologies under
development. Werdegar
Decl. ¶ 15, ECF 510-1.
Public disclosure would
expose Google to
competitive harm. Id.
D. ECF 497 (Defendants' motion re Opposition brief and exhibits
ECF Document to be Result Reasoning
No. Sealed:
497-4 Google's GRANTED as to Google's request: Contains confidential
Opposition to yellow highlighted portions. information about the design
Space Data's and operation of Loon's
Motion to Exclude navigational systems. Dowd
Expert Testimony Decl. ¶ 9, ECF 497-1.
and Portions of Public disclosure would
Related Experts expose Google to
competitive harm. Id.
GRANTED as to Space Data's Contains Space Data's
request: confidential technical,
• lines 19 (start to "Id. ¶ 64.") business planning and,
financial information.
• line 20 (between Knoblach Decl. ¶¶ 5, 9,
"photographs" and ECF 511-1. Public
"displayed") disclosure would expose
• line 22 (between "showing" Space Data to competitive
and "Id. ¶¶ 61, 64."). harm. Id.
DENIED as to the remainder. Space Data, the designating
party, does not seek to seal
the remainder.
497-5 Exhibit 4 to GRANTED as to Google's request: Contains confidential
Kamber The following paragraphs and information about Google's
Declaration accompanying footnotes: ¶ 51, 52 business development,
(Excerpts of the & n.146, 206, 209-210 & nn.509-530, practices, and strategy,
Expert Report of 218, 219. including methods Google X
Christine S. Meyer, uses to select projects for
Ph.D.) development. Dowd
Decl. ¶ 10, ECF 497-1.
Public disclosure would
expose Google to
competitive harm. Id.
GRANTED as to Space Data's Contains Space Data's
request: confidential technical,
• ¶ 50 (lines 4-5) business planning, and
financial information,
• ¶ 61 (end of line 4) including purported trade
• ¶ 64 (lines 3-4 & 6-7) secrets. Knoblach
• ¶ 66 (line 4) Decl. ¶¶ 6, 7, 9, ECF 511-1.
• ¶ 217 (dollar amounts) Public disclosure would
• Footnote 537 (dollar expose Space Data to
amounts). competitive harm. Id.
DENIED as to the remainder. Space Data, the designating
party, does not seek to seal
the remainder.
497-7 Exhibit 5 to GRANTED as to Google's request: Contains confidential
Kamber 236:5-6. information about Loon's
Declaration profitability. Dowd
(Excerpts of the Decl. ¶ 11, ECF 497-1.
Deposition of Public disclosure would
Christine S. Meyer, expose Google to
Ph.D.) competitive harm. Id.
497-8 Exhibit 6 to GRANTED as to Google's request: Contains confidential
Kamber 17:1-18:12, 19:5-32:19. information about Loon's
Declaration navigational systems and its
(Plaintiff Space technical development.
Data Corporation's Dowd Decl. ¶ 12, ECF 497-1.
July 3, 2018 Public disclosure would
Amended expose Google to
Responses to competitive harm. Id.
Defendant Google
LLC's GRANTED as to Space Data's Contains Space Data's
Interrogatory Nos. request: confidential technical,
14 and 21) business planning, and
• page 8, lines 24-25 & 27 financial information,
• page 9, lines 1-2 ("critical including purported trade
to" to "was not known") & secrets. Knoblach
5 ("about the" to "ability Decl. ¶¶ 6-9, ECF 511-1.
to") Public disclosure would
• page 10, lines 25-26 ("NOC expose Space Data to
center" to "reflected on") competitive harm. Id.
• page 33, lines 17 ("related
to" to "and"), 20-22
("balloons spaced" to
"based upon"), 23
("knowledge that" to "there
are"), 24-25
("appropriately" to "by
steering") & 27 (start to "In
particular")
• page 34, lines 1 (start to
"knowledge of'), 3
("balloons" to "If only"),
13-17, 18-20 ("silicone" to
"This trade secret"), 21-26
("contains" to end of 26)
• page 35, lines 7 ("achieve"
to "through a"), 8
("combination of to "as
illustrated"), 13-16
("regarding the" to "as
depicted") & 21-28 (lettered
bullet points)
• page 36, lines 1-3 (lettered
bullet points), 7-10 (lettered
bullet points), 12-13
("effectively" to "with
these"), 16-17 ("effectively"
to "with these"), 20-21
("effectively" to "with
these"), 24-25 ("effectively"
to "with these") & 27
• page 37, lines 1 (start to "is
not"), 2 ("effectively" to
with"), 10-28
• page 38, lines 1-28 (entire
page)
• page 39, lines 1-7, 10-23 &
26
• page 40, lines 8-16 (bullet
points)
• page 41, line 13 (company
name)
• page 42, lines 23-24
("there's" to "just").
Space Data the designating
DENIED as to the remainder. party, does not seek to seal
the remainder.
497-9 Exhibit 9 to GRANTED as to Google's request: Contains confidential
Kamber the entire document. information about Loon's
Declaration design, strategy, and
(GOOG-SD-0135538) function. Dowd Decl. ¶ 13,
ECF 497-1. Public
disclosure would expose
Google to competitive harm.
Id.
497-10 Exhibit 11 to GRANTED as to Google's request: Contains confidential
Kamber 30:15-19, 31:2-3, 31:6-8, 34:7-35:7, information about Google's
Declaration 35:11-37:5, 37:10-38:4, business development,
(Plaintiff Space 38:5-23, 39:1-3, 39:8-26, 40:10-15, practices, and strategy,
Data Corporation's 43:24-25, 45:11-16, 45:24-46:4, including methods Google X
July 10, 2018 46:6-52:2, 52:10-13, 52:19-27, uses to select projects for
Amended 53:2-4, 53:21-54:16, 54:21-55:21, development. Dowd
Responses to 56:3-24, 56:25, 57:1-9, Decl. ¶ 14, ECF 497-1.
Defendant Google 57:10, 57:11, 57:13, 59:12, 60:12-16, Public disclosure would
Inc.'s Amended 62:5-9, 62:12-20, 63:7-11. expose Google to
First Set of competitive harm. Id.
Interrogatories
Nos. 1, 6, and 7) GRANTED as to Space Data's Contains Space Data's
request: confidential technical,
• page 20, line 3 business planning, and
financial information,
• page 21, lines 10 (dollar including purported trade
amount) & 26-27 ("balloon" secrets. Knoblach
to "latex") Decl. ¶¶ 7-9, ECF 511-1.
• page 29, lines 2-3 (dollar Public disclosure would
amounts) expose Space Data to
• page 33, lines 1-2 (company competitive harm. Id.
names), 14 ("conversations
with" to project"), 15
("coverage" to end) & 23-24
(dollar amounts)
• page 68, lines 24 (start to
"already had"), 25
("determine that" to end),
26 (start to "altitude")
• page 69, line 10 (dollar
amount).
DENIED as to the remainder. Space Data, the designating
party, does not seek to seal
the remainder.
497-11 Exhibit 12 to GRANTED as to Google's request: Contains confidential
Kamber The following paragraphs and information about Google's
Declaration accompanying footnotes: 2:16-3:14, business development,
(Plaintiff Space 3:22-11:7, 11:14-16, 11:19-22, practices, and strategy,
Data Corporation's 15:7-12, 15:13-15, 16:1-4, including methods Google X
PLR 3-8 18:11-20, 19:22-23, 23:3-8, 25:5-8, uses to select projects for
Disclosure) 26:17-27:11, 29:15-19, 29:22-30:4, development. Dowd
30:9-11, 32:9-17, 33:5-13, Decl. ¶ 15, ECF 497-1.
36:1-15, 37:1-13, 38:22-39:8, Public disclosure would
39:12-24; nn. 1, 2. expose Google to
competitive harm. Id.
GRANTED as to Space Data's Contains Space Data's
request: confidential technical,
• page 18, lines 1-2 (dollar business planning and
amounts). financial information,
including purported trade
secrets. Knoblach
Decl. ¶¶ 6, 9, ECF 511-1.
Public disclosure would
expose Space Data to
competitive harm. Id.
Space Data the designating
DENIED as to the remainder. party, does not seek to seal
the remainder.
E. ECF 519 (Plaintiff's motion re Reply brief and exhibits
ECF Document to be Result Reasoning
No. Sealed:
519-3 Plaintiff's Reply to GRANTED as to Google's request: Contains confidential
Defendants' highlighted portions of 3:27; information about Loon's
Opposition to 4:1-14; and 8:3-4. navigational systems and its
Plaintiffs Daubert research and development
Motion plans. Werdegar Decl. ¶ 6,
ECF 522-1. Public
disclosure would expose
Google to competitive harm.
Id.
DENIED as to the remainder. Google, the designating
party, does not seek to seal
the remainder.
519-4 Exhibit 22 to Hosie DENIED. Google, the designating
Declaration party, does not seek to seal
this document.
519-5 Exhibit 24 to Hosie GRANTED as to Google's request: Contains confidential
Declaration ¶¶ 218 (last five lines, between the information about Google's
words "serve." and "despite"); 219 business development,
(last two lines, between the words practices, and strategy,
"an" and "which"). including evaluation of
third-party partners.
Werdegar Decl. ¶ 7,
ECF 522-1. Public
disclosure would expose
Google to competitive harm.
Id.
DENIED as to the remainder. Google, the designating
party, does not seek to seal
the remainder.
519-6 Exhibit 26 to Hosie GRANTED as to Google's request: Contains confidential
Declaration Body Paragraphs and all information about Loon's
accompanying footnotes: ¶¶62-167; navigational systems and its
237-241; 288-292; 308; 366 technical development.
(two lines on page 214); 367 (first Werdegar Decl. ¶ 8, ECF
four lines); 370-75; 522-1. Public disclosure
would expose Google to
Footnotes: n.534, 535, 537; competitive harm. Id.
Images: Image below ¶ 166; image
above ¶ 292; images above ¶ 371
on page 216; images below ¶ 371
on page 217; and both images on
page 218.
DENIED as to the remainder. Google, the designating
party, does not seek to seal
the remainder.
519-7 Exhibit 32 to Hosie GRANTED as to Google's request: Contains confidential
Declaration highlighted portions of 1:10-11 and information about Loon's
1:22. navigational systems and its
technical development.
Werdegar Decl. ¶ 9, ECF
522-1. Public disclosure
would expose Google to
competitive harm. Id.
DENIED as to the remainder. Google, the designating
party, does not seek to seal
the remainder.
519-8 Exhibit 34 to Hosie GRANTED as to Google's request: Contains confidential
Declaration 6:24-6:26; 22:1-3; 22:5 (email information about Loon's
address only). navigational and operational
systems. Werdegar
Decl. ¶ 10, ECF 522-1.
Public disclosure would
expose Google to
competitive harm. Id.
DENIED as to the remainder. Google, the designating
party, does not seek to seal
the remainder.
III. CONCLUSION
For the foregoing reasons, the sealing motions at ECF 479, 482, 494, 497, and 519 are each GRANTED IN PART and DENIED IN PART. For any request that has been denied and the properly unredacted or lesser redacted document consistent with this order has not been filed, the submitting party must file the unredacted (or lesser redacted) documents into the public record no earlier than 4 days and no later than 10 days from the filing of this order. Civ. L.R. 79-5(e)(2).
IT IS SO ORDERED.
