Medtronic, Inc. et al v. AGA Medical Corporation

Filing 739

ORDER GRANTING IN PART AND DENYING IN PART MEDTRONIC'S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL. Medtronic shall file in the public record, no later than July 2, 2009, Exhibit 1 to the Sinclair Declaration and a redacted version of the Sinclair Declaration, redacting only the material found to be sealable. Signed by Judge Maxine M. Chesney on June 30, 2009. (mmclc2, COURT STAFF) (Filed on 6/30/2009)

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Steven D. Hemminger (Bar No. 110665) ALSTON & BIRD LLP Two Palo Alto Square 3000 El Camino Real, Suite 400 Palo Alto, California 94306-2112 Telephone: [phone] Facsimile: [phone] [e-mail] Michael S. Connor (admitted pro hac vice) Lance A. Lawson (admitted pro hac vice) Brian F. McMahon (Bar No. 235373) ALSTON & BIRD LLP 101 South Tryon Street, Suite 4000 Charlotte, North Carolina 28280-4000 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] Marissa R. Ducca (admitted pro hac vice) ALSTON & BIRD LLP 950 F Street, N.W. Washington, DC 20004-1404 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Defendant AGA MEDICAL CORPORATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION MEDTRONIC, INC., a Minnesota corporation, MEDTRONIC USA, INC., a Minnesota corporation, and MEDTRONIC VASCULAR, INC., a Delaware corporation, Plaint iffs, v. AGA MEDICAL CORPORATION, a Minnesota corporation, Defendant.
[PROPOSED] ORDER GRANTING IN P ART AND DENYING IN P ART M EDTRONIC'SADMINISTRATIVE REQUEST TO FILE DOCUMENTS UNDER SEAL CASE NO. 3:07 -cv-00567 MMC (EMC)

Case No. 3:07-cv-00567 MMC (EMC) [PROPOSED] ORDER GRANTING IN PART AND DENYING IN PART MEDTRONIC'S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL PURSUANT TO CIV. L.R. 79-5(C) AND (D) IN SUPPORT OF THE DECLARATION OF ROBERT SINCLAIR, Ph.D. RESPONDING TO QUESTIONS RAISED AT JUNE 19, 2009 HEARING

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Before this Court is Medtronic's Administrative Motion to File Documents Under Seal Pursuant to Civ. L. R. 79-5 (c), and (d) in Support of the Declarat ion of Robert Sinclair, Ph.D. Responding to Questions Raised at June 19, 2009 Hearing. Having considered Medtronic's Request, the Declarat ion of Noemi C. Espinosa in Support of Medtronic's Administrative Motion to File Documents Under Seal Pursuant to Civ. L.R. 79-5(c) and (d) in Support of the Declarat ion of Robert Sinclair, Ph.D. Responding to Questions Raised at June 19, 2009 Hearing, and the Declarat ion of Marissa R. Ducca in Support of Medtronic's Administrative Motion to File Documents Under Seal Pursuant to Civ. L.R. 79-5(c) and (d) in Support of the Declaration of Robert Sinclair, Ph.D. Responding to Questions Raised at June 19, 2009 Hearing, and good cause appearing, the Court hereby GRANTS Medtronic's request to file the following documents under seal: The ent iret y of Exhibit Nos. 3 and 4 to the Declaration of Robert Sinclair, Ph.D. Responding to Questions Raised at June 19, 2009 Hearing ("Sinclair Dec."). the material The unredacted versio n of the Sinclair Dec., with the except ion of the portion sought to be redacted at page 5, lines 10-13, 18, 23, and 26-27. fro m the Deposit ion of Robert Sinclair, PhD, February 11, 2009. above-referenced Wit h respect to exhibit 1 to the Sinclair Dec., and the portions of the Sinclair Dec. cit ing to ^ that exhibit, AGA has indicated that they do not seek to seal these documents. Therefore, with above-referenced respect to Exhibit 1 to the Sinclair Dec., and the portions of the Sinclair Dec. citing to Exhibit 1, ^ Medtronic's request is DENIED. Medtronic shall file in the public record, no later than July 2, 2009,

ExhibitI1 to the SinclairRED. and a redacted version of the Sinclair Decl., redacting only the T IS SO ORDE Decl. material found to be sealable herein. IT IS SO ORDERED. Dated: _June_30 __________, 2009 ___ __ _____________________________ HONORABLE MAXINE M. CHESNEY UNITED STATES DISTRICT JUDGE

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[PROPOSED] ORDER GRANTING IN P ART AND DENYING IN P ART M EDTRONIC'SADMINISTRATIVE REQUEST TO FILE DOCUMENTS UNDER SEAL CASE NO. 3:07 -cv-00567 MMC (EMC)