MOTION FOR LEAVE TO FILE UNDER SEAL CERTAIN EXHIBITS TO THE CASE MANAGEMENT CONFERENCE STATEMENT

VALERIE P. COOKE, Magistrate Judge.

Defendant Google Inc. ("Google"), by and through its counsel of record, hereby respectfully moves for permission to file under seal the Declaration of Ficus Kirkpatrick and the attached exhibit thereto, as well as Exhibit C submitted in support of Google's December 2013 Case Management Conference Report. This Motion is made pursuant to L.R. 10-5 and supported by the attached memorandum of points and authorities and all papers and pleadings on file herein.

MEMORANDUM OF POINTS AND AUTHORITIES

The Declaration of Ficus Kirkpatrick and attached exhibit comprise or reference discovery materials that have been designated Highly Confidential by Unwired because they reference and discuss confidential Google source code and Google's internal technical documentation that has been produced by Google to Unwired as Protected Information under the Protective Order. Exhibit C to Google's December 2013 Case Management Conference Report contains references to proprietary and confidential technical details concerning Google's internal source code.

On June 5, 2013, this Court entered a Stipulated Protective Order (Dkt. No. 99). The Stipulated Protective Order contemplates three categories of information that are protected and collectively defines these categories as "Protected Information." Id. at 3. Relevant to the present motion is the category designated as Confidential, Confidential Outside Counsel Only and Restricted Confidential-Outside Counsel Only. See id. These categories of information includes "commercially sensitive competitive information." Id. at 5. The Stipulated Protective Order further provides that all "documents submitted to the Court which have been designated as Protected Information, or which contain information so designated, shall be filed under seal in a manner prescribed by the Court for such filings." Id. at 17.

Google therefore respectfully requests that the Court grant this Motion and permit Google to file Exhibit C to its December CMC statement, as well as the Declaration of Ficus Kirkpatrick and exhibit A thereto, under seal.