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

Filing 304

sealing ORDER re 301 (ts, COURT STAFF) (Filed on 12/10/2008)

Case 3:04-cv-03526-SI

Document 301

Filed 12/04/2008

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John M. McCormack (State Bar No. 143194) Peter E. Heuser (State Bar No. 111600) Elizabeth A. Tedesco (State Bar No. 221162) Michael R. Langer (Admitted pro hac vice) Thomas J. Romano (admitted pro hac vice) KOLISCH HARTWELL, P.C. 260 Sheridan Avenue, Suite 200 Palo Alto, California 94306 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants PC GUARDIAN ANTI-THEFT PRODUCTS, INC. AND FELLOWES, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ACCO BRANDS, INC. d/b/a KENSINGTON TECHNOLOGY GROUP, Plaintiff, v. PC GUARDIAN ANTI-THEFT PRODUCTS, INC. and FELLOWES, INC., Defendants. No. 04-03526 SI STIPULATION AND [PROPOSED] ORDER TO FILE MATERIALS UNDER SEAL IN CONNECTION WITH DEFENDANTS' REPLY TO KENSINGTON TECHNOLOGY GROUP'S OPPOSITION TO MOTION TO DISMISS DEFENDANTS' ANTITRUST COUNTERCLAIM WITHOUT PREJUDICE

Plaintiff ACCO Brands, Inc. d/b/a Kensington Technology Group ("ACCO") and defendants PC Guardian Anti-Theft Products, Inc. and Fellowes, Inc. hereby stipulate that the following exhibit should be filed under seal in connection with the Declaration of Thomas J. Romano in Support of Defendants' Reply to Kensington Technology Group's Opposition to Motion to Dismiss Defendants' Antitrust Counterclaim Without Prejudice:

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Case 3:04-cv-03526-SI

Document 301

Filed 12/04/2008

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Exhibit A (Memorandum in Support of PC Guardian's Motion for Summary Judgment of Unenforceability for Inequitable Conduct). Exhibit A is a brief that was previously filed under seal in the United States District Court for the Northern District of Illinois in ACCO Brands USA LLC v. PC Guardian Anti-Theft Products, Inc. et al., No. 06-cv-07102, pursuant to a stipulated protective order entered in that suit. The parties believe that Exhibit A should be filed under seal here because it has been designated "Highly Confidential--Attorneys' Eyes Only" under the Stipulated Protective Order entered in this suit and includes and discusses material from deposition transcripts that are currently designated "Highly Confidential-Attorneys' Eyes Only" under the Stipulated Protective Order. Counsel for Kensington requested that Defendants include the following sentence in the Stipulation: By agreeing to this Stipulation, Kensington is not agreeing that Defendants' filing of this exhibit complies with the Local Rules governing reply briefs. DATED: December 4, 2008 /s/ Brian Smith Brian Smith HOWREY LLP Attorneys for Plaintiff ACCO BRANDS INC., d/b/a KENSINGTON TECHNOLOGY GROUP DATED: December 4, 2008 /s/ Thomas J. Romano Thomas J. Romano KOLISCH HARTWELL, P.C. Attorneys for Defendants, PC GUARDIAN ANTI-THEFT PRODUCTS, INC. and FELLOWES, INC. IT IS SO ORDERED. DATED: Honorable Susan Illston United States District Court Judge
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