Sun Microsystems, Inc. v. Network Appliance, Inc.

Filing 358

ORDER REGARDING SEALING REQUESTS. Signed by Judge Laporte on 3/29/10. (edllc1, COURT STAFF) (Filed on 3/29/2010)

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1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. NETWORK APPLIANCE, INC., Defendant. / SUN MICROSYSTEMS, INC., Plaintiff, No. C-07-05488 EDL ORDER REGARDING NETAPP'S MOTION FOR ADMINISTRATIVE REQUEST TO FILE UNDER SEAL NETAPP'S REPLY BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT OF U.S. PATENT NO. 5,632,012 AND EXHIBIT THERETO; ORDER REGARDING SEALING REQUESTS RE: OPPOSITION AND EXHIBITS RELATING TO U.S. PATENT NO. 7,107,385 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA In connection with NetApp's Reply in Support of its Motion for Summary Judgment of NonInfringement of U.S. Patent No.5,632,012 and declaration in support thereof, NetApp filed an administrative motion to file under seal the unredacted version of its Reply brief, as well as Exhibit 2 of the Walter Declaration in Support, on the basis that Sun had previously designated certain information contained in these documents "Attorney's Eyes Only." See Dkt. No. 318. Sun did not file any declaration establishing that the designated information is sealable, lodge and serve a narrowly tailored proposed sealing order, or withdraw the designation of confidentiality within seven days as required by Local Rule 79-5(d). Sun is hereby Ordered to file an appropriate response to NetApp's administrative motion within seven days of the date of this Order, or the designated information will be made part of the public record. In connection with Sun's Motion for Summary Judgment of Invalidity of U.S. Patent No. 7,107,385, the parties have requested that various portions of NetApp's Opposition and supporting documents be filed under seal. See Dkt. No. 285, 331. The Court is unclear as to which portions of these documents the parties currently contend should be filed under seal. The parties are hereby 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordered to meet and confer and submit a joint sealing request to the Court specifying which portions of the Opposition and documents should be filed under seal under the "compelling reasons" standard, as well as proposed redacted versions of these documents. IT IS SO ORDERED. Dated: March 29, 2010 __________________________ ELIZABETH D. LAPORTE United States Magistrate Judge 2

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