Acco Brands, Inc. v. PC Guardian Anti-Theft Products, Inc. et al

Filing 275

SEALING ORDER re 269 . Signed by Judge Illston on 10/2/08. (ts, COURT STAFF) (Filed on 10/3/2008)

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Case 3:04-cv-03526-SI Document 269-2 Filed 09/26/2008 Page 1 of 3 1 HENRY C. BUNSOW (State Bar No. 60707) K.T. CHERIAN (State Bar No. 133967) 2 BRIAN A.E. SMITH (State Bar No. 188147) ROBERT M. HARKINS, JR. (State Bar No.179525) 3 HOWREY LLP 4 525 Market Street, Suite 3600 San Francisco, California 94105 5 Telephone: (415) 848-4900 Facsimile: (415) 848-4999 6 Attorneys for Plaintiff ACCO BRANDS, INC. d/b/a 7 KENSINGTON TECHNOLOGY GROUP 8 9 10 11 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) Case No. 04-03526 SI ) ) STIPULATION AND [PROPOSED] ) ORDER TO FILE UNDER SEAL ) EXHIBITS 18, 19, 20, 21 AND 22 TO THE ) DECLARATION OF BRIAN SMITH IN ) SUPPORT OF PLAINTIFF'S ) OPPOSTION TO DEFENDANTS' ) MOTION FOR SUMMARY JUDGMENT ) OF INVALIDITY, ) UNENFORCEABILITY FOR ) INEQUITABLE OCNDUCT, AND NO ) WILLFULL INFRINGEMENT ) ) Date: October 22, 2008 ) Time: 2:00 p.m. ) Dept. Courtroom 10, 19th Floor Judge: The Honorable Susan Illston ) ) ACCO BRANDS, INC. d/b/a KENSINGTON 12 TECHNOLOGY GROUP,, 13 14 v. Plaintiff, 15 PC GUARDIAN ANTI-THEFT PRODUCTS, INC. and FELLOWES, INC., 16 Defendant. 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND PROPOSED TO FILE EXHIBITS UNDER SEAL DM_US:21505560_1 Plaintiff ACCO Brands, Inc. d/b/a Kensington Technology Group ("Kensington") and Defendant PC Guardian Anti-Theft Products, Inc. and Fellowes, Inc., hereby stipulate that Plaintiff Kensington Group's Exhibits 18, 19, 20, 21 and 22 to the Declaration of Brian Smith in Support of Kensington Group's Opposition to Defendants' Motion for Summary Judgment of Invalidity, Unenforceability for Inequitable Conduct, and No Willful Infringement should be filed under seal. 1 Case 3:04-cv-03526-SI Document 269-2 Filed 09/26/2008 Page 2 of 3 1 Exhibit 18 contains excerpts from the deposition of Janet Dulsky from July 17, 2008 2 defendants have designated this transcript as "Highly Confidential Attorneys' Eyes Only" under the 3 4 5 6 7 8 defendants have designated this transcript as "Highly Confidential Attorneys' Eyes Only" under the Stipulated Protective Order in this action. Exhibit 20 contains excerpts from the deposition of Arthur Zarnowitz from April 15, 2008 Stipulated Protective Order in this action. Exhibit 19 contains excerpts from the deposition of Stewart Carl from April 15, 2008 9 defendants have designated this transcript as "Highly Confidential Attorneys' Eyes Only" under the 10 Stipulated Protective Order in this action. 11 12 defendants have designated this transcript as "Highly Confidential Attorneys' Eyes Only" under the 13 14 15 Stipulated Protective Order in this action. Exhibit 22 contains excerpts from the deposition of William Murray from April 14, 2008 Exhibit 21 contains excerpts from the deposition of Noah Groth from August 28, 2008 16 defendants have designated this transcript as "Highly Confidential Attorneys' Eyes Only" under the 17 Stipulated Protective Order in this action. 18 19 20 the deposition testimony contained in and Exhibits 18, 19, 20, 21 and 22 to the Declaration of Brian 21 22 Smith and therefore should be filed under seal for the same reasons. Plaintiff, Kensington Group's Opposition to Defendant's Motion for Summary Judgment of Invalidity, Unenforceability for Inequitable Conduct, and No Willful Infringement relies on and cites 23 Dated: September 26, 2008 24 25 26 27 28 STIPULATION AND PROPOSED TO FILE EXHIBITS UNDER SEAL Case No. 04-03526 SI DM_US:21505560_1 HOWREY LLP By: /s/ Brian A.E. Smith Brian A.E. Smith Attorneys for Plaintiff ACCO BRANDS, INC. d/b/a KENSINGTON TECHNOLOGY GROUP 2 Case 3:04-cv-03526-SI Document 269-2 Filed 09/26/2008 Page 3 of 3 1 2 Dated: September 26, 2008 3 4 5 6 7 8 9 IT IS SO ORDERED. 10 11 Dated: ___________________ 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND PROPOSED TO FILE EXHIBITS UNDER SEAL Case No. 04-03526 SI DM_US:21505560_1 KOLISCH HARTWELL, P.C. By: /s/ Thomas J. Romano Thomas J. Romano Attorneys for Defendants PC GUARDIAN ANTI-THEFT PRODUCTS, INC. and FELLOWES, INC. Hon. Susan Illston Judge, United States District Court 3

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