Oracle Corporation et al v. SAP AG et al

Filing 1204

Administrative Motion to File Under Seal Defendants' Administrative Motion to Permit Defendants to File under Seal Materials Offered by Defendants in Support of the Parties' Joint Statement Regarding Exhibit Objections filed by SAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Proposed Order, # 2 Declaration, # 3 Stipulation)(Froyd, Jane) (Filed on 8/2/2012)

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Robert A. Mittelstaedt (SBN 060359)
Jason McDonell (SBN 115084)
Elaine Wallace (SBN 197882)
JONES DAY
555 California Street, 26th Floor
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
[e-mail]

BINGHAM McCUTCHEN LLP
DONN P. PICKETT (SBN 72257)
GEOFFREY M. HOWARD (SBN 157468)
BREE HANN (SBN 215695)
Three Embarcadero Center
San Francisco, CA 94111-4067
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
[e-mail]

Tharan Gregory Lanier (SBN 138784)
Jane L. Froyd (SBN 220776)
JONES DAY
1755 Embarcadero Road
Palo Alto, CA 94303
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]

BOIES, SCHILLER & FLEXNER LLP
DAVID BOIES (Admitted Pro Hac Vice)
333 Main Street
Armonk, NY 10504
Telephone:
[phone]
[e-mail]
STEVEN C. HOLTZMAN (SBN 144177)
1999 Harrison St., Suite 900
Oakland, CA 94612
Telephone:
[phone]
[e-mail]

Scott W. Cowan (Admitted Pro Hac Vice)
Joshua L. Fuchs (Admitted Pro Hac Vice)
JONES DAY
717 Texas, Suite 3300
Houston, TX 77002
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
Attorneys for Defendants
SAP AG, SAP AMERICA, INC., and
TOMORROWNOW, INC.

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Attorneys for Plaintiff
ORACLE INTERNATIONAL
CORPORATION

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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ORACLE USA, INC., et al.,

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Plaintiffs,

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v.

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SAP AG, et al.,

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DORIAN DALEY (SBN 129049)
JENNIFER GLOSS (SBN 154227)
500 Oracle Parkway, M/S 5op7
Redwood City, CA 94070
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]

Defendants.

Case No. 07-CV-1658 PJH (EDL)
STIPULATION TO PERMIT
DEFENDANTS TO FILE UNDER
SEAL MATERIALS OFFERED BY
DEFENDANTS IN SUPPORT OF
THE PARTIES’ JOINT STATEMENT
REGARDING EXHIBIT
OBJECTIONS

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STIPULATION ISO DEFENDANTS’
ADMINISTRATIVE MOTION TO FILE UNDER SEAL
Case No. 07-CV-1658 PJH (EDL)

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Pursuant to Local Rules 7-11(a) and 79-5(c), Plaintiff Oracle International Corporation

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(“Oracle”) and Defendants SAP AG, SAP America, Inc., and TomorrowNow, Inc. (“Defendants,”

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and together with Oracle, the “Parties”) jointly submit this Stipulation to Permit Defendants to

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File under Seal Materials Offered by Defendants in Support of the Parties’ Joint Statement

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Regarding Exhibit Objections.

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WHEREAS, Defendants filed on August 2, 2012 (1) the Administrative Motion to Permit

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Defendants to File under Seal Materials Offered by Defendants in Support of the Parties’ Joint

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Statement Regarding Exhibit Objections; (2) the Declaration of Michael Junge in Support of

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Defendants’ Administrative Motion to Seal; and (3) the [Proposed] Order Granting Defendants’

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Administrative Motion to Permit Defendants to File under Seal Materials Offered by Defendants

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in Support of the Parties’ Joint Statement Regarding Exhibit Objections;

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WHEREAS the requested relief is necessary and narrowly tailored to protect the

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confidentiality of the material put at issue by the Parties’ Joint Statement Regarding Exhibit

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Objections (“Joint Statement”) until such time as the Court makes a final ruling as to

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confidentiality of the relevant subject matter. Specifically, Exhibit 20 to the Declaration of

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Tharan Gregory Lanier ISO Joint Statement Regarding Exhibit Objections (“Lanier Decl.”)

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contains information designated “Confidential Information” by third-party Amgen, Inc. pursuant

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to the Stipulated Protective Order in this case, Exhibit 23 to the Lanier Decl. contains information

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designated “Highly Confidential – Attorneys’ Eyes Only” by Oracle pursuant to the Stipulated

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Protective Order in this case, and Exhibit 27 to the Lanier Decl. contains information designated

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“Highly Confidential – Attorneys’ Eyes Only” by Defendants pursuant to the Stipulated

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Protective Order in this case

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NOW, THEREFORE, IT IS HEREBY STIPULATED by the Parties, through their

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respective counsel of record, that Defendants be permitted to move for permission to file under

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seal Exhibits 20, 23, and 27 to the Lanier Decl. While the Parties agree that portions of the

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previously-filed Joint Statement, for which Exhibits 20, 23, and 27 to the Lanier Decl. were

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offered in support, may be publicly filed, the Parties also agree that the filing shall not be

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construed as a waiver of any confidentiality designation or other protection with respect to
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STIPULATION ISO DEFENDANTS’
ADMINISTRATIVE MOTION TO FILE UNDER SEAL
Case No. 07-CV-1658 PJH (EDL)

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documents, transcripts, or other information referred to in, or that serve as the basis for, the

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allegations or arguments made in them.

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IT IS SO STIPULATED.
DATED: August 2, 2012

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By: /s/ Tharan Gregory Lanier
Tharan Gregory Lanier

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Attorneys for Defendants
SAP AG, SAP AMERICA, INC., and
TOMORROWNOW, INC.

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JONES DAY

In accordance with General Order No. 45, Rule X, the above signatory attests that

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concurrence in the filing of this document has been obtained from the signatory below.

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DATED: August 2, 2012

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BINGHAM McCUTCHEN LLP
By: /s/ Geoffrey M. Howard
Geoffrey M. Howard

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Attorneys for Plaintiff
ORACLE INTERNATIONAL
CORPORATION

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SVI-109454v1

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STIPULATION ISO DEFENDANTS’
ADMINISTRATIVE MOTION TO FILE UNDER SEAL
Case No. 07-CV-1658 PJH (EDL)