Oracle Corporation et al v. SAP AG et al

Filing 739

Administrative Motion to File Under Seal Plaintiffs Administrative Motion to Permit Plaintiffs to File Under Seal Information Supporting Plaintiffs Motions in Limine filed by Oracle EMEA Limited, Oracle International Corporation, Oracle USA Inc., Siebel Systems, Inc.. (Attachments: # 1 Stipulation, # 2 Declaration of Jennifer Gloss in Support of Plaintiffs' Administrative Motion to Seal, # 3 Proposed Order)(Howard, Geoffrey) (Filed on 8/5/2010)

Oracle Corporation et al v. SAP AG et al

Doc. 739

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BINGHAM McCUTCHEN LLP DONN P. PICKETT (SBN 72257) GEOFFREY M. HOWARD (SBN 157468) HOLLY A. HOUSE (SBN 136045) ZACHARY J. ALINDER (SBN 209009) BREE HANN (SBN 215695) Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] [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] DORIAN DALEY (SBN 129049) JENNIFER GLOSS (SBN 154227) 500 Oracle Parkway, M/S 5op7 Redwood City, CA 94070 Telephone: [phone] Facsimile: 650.506.7114 [e-mail] [e-mail] Attorneys for Plaintiffs Oracle USA, Inc., et al. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ORACLE USA, INC., et al., v. Plaintiffs, Case No. 07-CV-01658 PJH (EDL) PLAINTIFFS' ADMINISTRATIVE MOTION TO PERMIT PLAINTIFFS TO FILE UNDER SEAL INFORMATION SUPPORTING PLAINTIFFS' MOTIONS IN LIMINE

SAP AG, et al., Defendants.

Case No. 07-CV-01658 PJH (EDL)

PLAINTIFFS' ADMINISTRATIVE MOTION TO PERMIT PLAINTIFFS TO FILE UNDER SEAL INFORMATION SUPPORTING PLAINTIFFS' MOTIONS IN LIMINE
Dockets.Justia.com

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I.

INTRODUCTION Pursuant to Local Rules 7-11(a) and 79-5(c), Plaintiffs Oracle USA, Inc., Oracle

International Corporation, Oracle EMEA Limited and Siebel Systems, Inc. ("Plaintiffs" or Oracle) hereby move that the Court order the Clerk of the Court to file under seal (1) Exhibit X to the Declaration of Thomas S. Hixson In Support of Plaintiffs' Motions in Limine ("Hixson Declaration"), and (2) related portions of Plaintiffs' Motions in Limine at 14:27-15:1 and 15:3-4. Exhibit X to the Hixson Declaration contains information properly designated pursuant to the Stipulated Protective Order entered in this action as "Highly Confidential Information -- Attorneys' Eyes Only" by Oracle. Good cause exists to support filing Exhibit X and the related portions of Plaintiffs' Motions in Limine under seal, as established in the attached Declaration of Jennifer Gloss in Support of Plaintiffs' Administrative Motion to Permit Plaintiffs to File Under Seal Information Supporting Plaintiffs' Motions in Limine ("Gloss Declaration"), because Oracle has narrowly tailored its request to seal both information non-interested thirdparty customers might consider confidential, and non-public, commercially sensitive, and private Oracle confidential information, the disclosure of which would create a risk of significant competitive injury and particularized harm and prejudice to Oracle. Unredacted versions of Exhibit X to the Hixson Declaration and the related portions of Plaintiffs' Motions in Limine will be lodged with the Court on August 6, 2010 pursuant to General Order No. 62. Accordingly, the Court should grant this Motion. II. GOOD CAUSE EXISTS TO SUPPORT FILING THE REQUESTED INFORMATION UNDER SEAL Federal Rule of Civil Procedure 26(c) provides broad discretion for a trial court to permit sealing of court documents for, inter alia, the protection of "a trade secret or other confidential . . . commercial information." Fed. R. Civ. P. 26(c). In particular, when the request for sealing concerns discovery documents attached to a nondispositive motion, a showing of good cause to seal the documents is sufficient to justify protection under Rule 26(c). Navarro v. Eskanos & Adler, Case No. C-06 02231 WHA(EDL), 2007 U.S. Dist. LEXIS 24864, at *7 (March 22, 2007) (citing Kamakana v. Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006)). To make 1 Case No. 07-CV-01658 PJH (EDL)
PLAINTIFFS' ADMINISTRATIVE MOTION TO PERMIT PLAINTIFFS TO FILE UNDER SEAL INFORMATION SUPPORTING PLAINTIFFS' MOTIONS IN LIMINE

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such a showing, the party seeking protection from disclosure under the rule must demonstrate that public disclosure of such information would create a risk of significant competitive injury and particularized harm or prejudice. See Phillips v. General Motors Corp. 307 F. 3d 1206, 1211 (9th Cir. 2006) (setting forth the standard of good cause on a motion to seal). Oracle has established good cause to permit filing Exhibit X to the Hixson Declaration and the related portions of Plaintiffs' Motions in Limine under seal through the Gloss Declaration, as required under Local Rule 79-5(d). The Gloss Declaration establishes both that Oracle has considered and treated the information contained in Exhibit X to the Hixson Declaration as confidential and proprietary, and that public disclosure of such information would reveal both uninterested third party information that might be considered by them to be confidential, and Oracle confidential information that would result in particularized harm or prejudice to Oracle. See Phillips, 307 F.3d at 1211. In addition, Oracle has taken steps to ensure that the information contained in Exhibit X to the Hixson Declaration remain confidential in this litigation, pursuant to the Protective Order entered on June 6, 2007. This Protective Order was designed by the Parties, who are direct competitors in the software industry, to protect designated documents from improper disclosure, both to the public and more broadly than necessary to employees of the Parties themselves. III. CONCLUSION For the foregoing reasons, Oracle respectfully requests that the Court file under seal (1) Exhibit X to the Hixson Declaration, and (2) related portions of Plaintiffs' Motions in Limine at 14:27-15:1 and 15:3-4. DATED: August 5, 2010 BINGHAM McCUTCHEN LLP By: /s/ Geoffrey Howard Geoffrey M. Howard Attorneys for Plaintiffs Oracle USA, Inc., Oracle International Corporation, Oracle EMEA Limited, and Siebel Systems, Inc.

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Case No. 07-CV-01658 PJH (EDL)

PLAINTIFFS' ADMINISTRATIVE MOTION TO PERMIT PLAINTIFFS TO FILE UNDER SEAL INFORMATION SUPPORTING PLAINTIFFS' MOTIONS IN LIMINE