Overture Services, Inc. v. Google Inc.

Filing 92

Proposed Order and Request to File Under Seal (Unredacted Markman Brief) by Google Inc.. (Kwun, Michael)

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Overture Services, Inc. v. Google Inc. Doc. 92 Case 3:02-cv-01991-JSW Document 92 Filed 08/22/2003 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 KEKER & VAN NEST, LLP JOHN W. KEKER - #49092 DARALYN J. DURIE - #169825 MICHAEL S. KWUN - #198945 CHRISTINE P. SUN - #218701 710 Sansome Street San Francisco, CA 94111-1704 Telephone: (415) 391-5400 Facsimile: (415) 397-7188 Attorneys for Defendant and Counterclaimant GOOGLE TECHNOLOGY INC., sued under its former name GOOGLE INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION OVERTURE SERVICES, INC., a Delaware corporation, Plaintiff and Counterdefendant, v. GOOGLE INC., a California corporation, Defendant and Counterclaimant. Case No. C 02-01991 JSW (EDL) GOOGLE'S REQUEST TO FILE DOCUMENTS UNDER SEAL; [PROPOSED] ORDER Google Technology 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 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 Darren Davis and John Rauch, and Overture sales and marketing presentations. 1 317488.01 REQUEST TO FILE UNDER SEAL CASE NO. C 02-01991 JSW (EDL) Dockets.Justia.com Case 3:02-cv-01991-JSW Document 92 Filed 08/22/2003 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Those materials have been designated confidential by Overture, and under the terms of the 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 Michael S. Kwun, 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: August 22, 2003 KEKER & VAN NEST, LLP By: /s/ Michael S. Kwun MICHAEL S. KWUN Attorneys for Defendant and Counterclaimant GOOGLE TECHNOLOGY INC., sued under its former name GOOGLE INC. 2 317488.01 REQUEST TO FILE UNDER SEAL CASE NO. C 02-01991 JSW (EDL) Case 3:02-cv-01991-JSW Document 92 Filed 08/22/2003 Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: [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 August 22, 2003, 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 3 317488.01 REQUEST TO FILE UNDER SEAL CASE NO. C 02-01991 JSW (EDL)

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