Overture Services, Inc. v. Google Inc.

Filing 118

MOTION for Leave to File Google's Request to File Documents Under Seal; [Proposed] Order filed by Google Inc.. (Sun, Christine) (Filed on 1/30/2004)

Overture Services, Inc. v. Google Inc.

Doc. 118

Case 3:02-cv-01991-JSW

Document 118

Filed 01/30/2004

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KEKER & VAN NEST, LLP JOHN W. KEKER - #49092 DARALYN J. DURIE - #169825 CHRISTINE P. SUN - #218701 RAVIND S. GREWAL - #220543 710 Sansome Street San Francisco, CA 94111-1704 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counterclaimant GOOGLE INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

OVERTURE SERVICES, INC., Plaintiff and Counterdefendant, v. GOOGLE INC., Defendant and Counterclaimant.

Case No. C 02-01991 JSW (EDL) GOOGLE'S REQUEST TO FILE DOCUMENTS UNDER SEAL; [PROPOSED] ORDER

Google Inc. ("Google") hereby submits this Request to File Documents Under Seal in connection with its Responsive Claim Construction Brief. Google requests that the Court allow Google to file under seal an unredacted version of its Responsive Brief, and the Declaration of Christine P. Sun ("Sun Decl.") in support thereof. The unredacted version of the Responsive Brief contains quotations from and summaries of deposition transcript excerpts and Overture Services Inc. ("Overture") sales and marketing presentations that Overture has designated as confidential. The exhibits to the Sun Declaration contain excerpts from the transcripts of the depositions of John Rauch and Elaine K. Lee, and Overture sales and marketing presentations. Those materials have been designated confidential by Overture, and under the terms of the 1

325503.01

GOOGLE'S REQUEST TO FILE DOCUMENTS UNDER SEAL; [PROPOSED] ORDER CASE NO. C 02-01991 JSW (EDL) Dockets.Justia.com

Case 3:02-cv-01991-JSW

Document 118

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protective order entered in this case on December 18, 2002, Google cannot file these materials publicly. See Protective Order ¶ 6. The non-confidential exhibits to which Google cites in its Responsive Brief are attached to the Declaration of Ravind S. Grewal, which is being publicly filed. A redacted Responsive Brief, omitting reference to the exhibits to the Sun Declaration, is also being publicly filed. In light of the foregoing, Google respectfully submits that this Request to File Documents Under Seal is narrowly tailored within the meaning of Civil Local Rule 79-5. Google therefore requests that the Court permit the sealing of the documents set forth above, and order that the Clerk of the Court maintain them in accordance with the provisions of Local Civil Rule 79-5(e).

Dated: January 30, 2004

KEKER & VAN NEST, LLP

By:

/s/ Christine P. Sun CHRISTINE P. SUN Attorneys for Defendant and Counterclaimant GOOGLE INC.

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GOOGLE'S REQUEST TO FILE DOCUMENTS UNDER SEAL; [PROPOSED] ORDER CASE NO. C 02-01991 JSW (EDL)

Case 3:02-cv-01991-JSW

Document 118

Filed 01/30/2004

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[PROPOSED] ORDER Pursuant to Civil Local Rules 7-10 and 79-5, Google has applied to this Court for an order permitting them to file under seal certain documents in connection with its Responsive Claim Construction Brief. GOOD CAUSE APPEARING, Google's request is granted. The Clerk is directed to maintain the following documents, submitted by Google on or about January 30, 2004, in accordance with the provisions of Civil Local Rule 79-5(e): (1) (2) Google's Responsive Claim Construction Brief (Unredacted Version) The Declaration Of Christine P. Sun in Support of Google's Responsive Claim

Construction Brief. IT IS SO ORDERED.

HON. JEFFREY S. WHITE United States District Judge

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GOOGLE'S REQUEST TO FILE DOCUMENTS UNDER SEAL; [PROPOSED] ORDER CASE NO. C 02-01991 JSW (EDL)