Oracle Corporation et al v. SAP AG et al

Filing 784

Administrative Motion to File Under Seal filed by Oracle EMEA Limited, Oracle International Corporation, Oracle USA Inc., Siebel Systems, Inc.. Motion Hearing set for 9/30/2010 09:00 AM in Courtroom 3, 3rd Floor, Oakland. (Attachments: # 1 Stipulation to Permit Filing Under Seal, # 2 Affidavit of Jennifer Gloss in Support, # 3 Affidavit of Zachary J. Alinder in Support, # 4 Proposed Order)(Alinder, Zachary) (Filed on 8/19/2010)

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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 FILE UNDER SEAL INFORMATION SUPPORTING PLAINTIFFS' DAUBERT MOTIONS, OPPOSITIONS TO DEFENDANTS' MOTIONS IN LIMINE AND 17 U.S.C. § 410(C) MOTION
Case No. 07-CV-01658 PJH (EDL)

SAP AG, et al., Defendants.

PLAINTIFFS' ADMINISTRATIVE MOTION TO FILE INFORMATION UNDER SEAL

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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) portions of Exhibit A to the Declaration of Holly A. House in Support of Plaintiffs' Motion No. 1: To Exclude Testimony of Defendants' Expert Stephen Clarke ("House Declaration"); (2) the Declaration of Daniel S. Levy Ph.D. in Support of Plaintiffs' Motion No. 1: To Exclude Testimony of Defendants' Expert Stephen Clarke ("Levy Declaration") and Exhibits 1-7 thereto; (3) portions of Exhibit D and Exhibits N, P, Q, R and T to the Declaration of Chad Russell Declaration in Support of Plaintiffs' Opposition to Defendants' Motions in Limine ("Russell Declaration"); and, (4) Exhibits A-D and F-H to the Declaration of John A. Polito in Support of Plaintiffs' Motion Pursuant to 17 U.S.C. § 410(c) ("Polito Declaration"). II. DEFENDANTS' INFORMATION TO BE FILED UNDER SEAL Defendants have requested that Plaintiffs file portions of Exhibit A to the House Declaration under seal at pages 51, 126 and 244-247. The requested relief sought is necessary and narrowly tailored to protect the alleged confidentiality of the content of Defendants' documents put at issue by Exhibit A to the House Declaration. Further, Plaintiffs believe that portions of the Levy Declaration contain Defendants' confidential information. In light of this, Plaintiffs are submitting the Levy Declaration and all accompanying exhibits thereto under seal so that Defendants may have an opportunity to review the Levy Declaration and file a declaration in support of sealing portions or all of the Levy Declaration, if appropriate. Pursuant to Local Rule 79-5, this request is supported by a Stipulation, Proposed Order and the Declaration of Zachary J. Alinder in Support of Plaintiffs' Administrative Motion to File Under Seal Information Supporting Plaintiffs' Daubert Motions, Oppositions to Defendants' Motions in Limine and 17 U.S.C. § 410(c) Motion ("Alinder Declaration"). III. PLAINTIFFS' INFORMATION TO BE FILED UNDER SEAL Plaintiffs request that the following information be filed under seal: (1) portions 1
Case No. 07-CV-01658 PJH (EDL)

PLAINTIFFS' ADMINISTRATIVE MOTION TO FILE INFORMATION UNDER SEAL

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of Exhibit A to the House Declaration at pages 56, 94-115, 118-122, 138, 158, 170-171, 177, 180, 182-184, 187, 191, 197, 273 and 280-281; (2) portions of the Levy Declaration at paragraphs 8-17, 24-25, Figures 1, 2, 4, 5, and 6, and Appendix 2; (3) portions of Exhibit D and Exhibits N, P, Q, R and T to the Russell Declaration; and (4) Exhibits A-D and F-H to the Polito Declaration. Pursuant to Local Rule 79-5, this request is supported by a Stipulation, Proposed Order, the Alinder Declaration in support, and the Declaration of Jennifer Gloss in Support of Plaintiffs' Administrative Motion to Permit Plaintiffs to File Under Seal Information Supporting Plaintiffs' Daubert Motions, Oppositions to Defendants' Motions in Limine and 17 U.S.C. § 410(c) Motion ("Gloss Declaration"). IV. 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 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) (good cause standard). Oracle has established good cause to seal the requested information through the Gloss Declaration, which has been filed concurrently with this Motion. The Gloss Declaration further establishes that Oracle has narrowly tailored its request to seal information confidential to non-interested third-parties, as well as non-public, commercially sensitive, and private Oracle confidential information, the disclosure of which would create a risk of significant competitive 2
Case No. 07-CV-01658 PJH (EDL)

PLAINTIFFS' ADMINISTRATIVE MOTION TO FILE INFORMATION UNDER SEAL

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injury and particularized harm and prejudice to Oracle. See Gloss Declaration, ¶¶ 2-5 & 7. In addition, Oracle has taken steps to ensure that the information identified for sealing remain confidential in this litigation, pursuant to the Protective Order in this case. Gloss Declaration, ¶ 6. V. CONCLUSION For the foregoing reasons, Oracle respectfully requests that the Court file under seal: (1) the identified portions of Exhibit A to the House Declaration; (2) the Levy Declaration and Exhibits 1-7 thereto; (3) the identified portions of Exhibit D and Exhibits N, P, Q, R and T to the Russell Declaration; and, (4) Exhibits A-D and F-H to Polito Declaration, which Plaintiffs will lodge with the Court on August 20, 2010. DATED: August 19, 2010 BINGHAM McCUTCHEN LLP

By:

/s/ Zachary J. Alinder Zachary J. Alinder 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 FILE INFORMATION UNDER SEAL