Vnus Medical Technologies Inc. v. Biolitec, Inc. et al

Filing 110

ORDER GRANTING ADMINISTRATIVE MOTION TO SEAL. The Clerk is directed to file under seal the unredacted version of the Joint Statement. Signed by Judge Maxine M. Chesney on May 8, 2009. (mmclc1, COURT STAFF) (Filed on 5/8/2009)

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Matthew B. Lehr (Bar No. 213139) Diem-Suong T. Nguyen (Bar No. 237557) David J. Lisson (Bar No. 250994) Chung G. Suh (Bar No. 244889) Jeremy Brodsky (Bar No. 257674) DAVIS POLK & WARDWELL 1600 El Camino Real Menlo Park, California 94025 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff VNUS Medical Technologies, Inc. UNITED STATES DISTRICT COURT

9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) ) Plaintiff, ) ) v. ) ) BIOLITEC, INC., DORNIER MEDTECH ) AMERICA, INC., and NEW STAR LASERS, ) INC. d/b/a COOLTOUCH, INC., ) ) Defendants. ) ) ) ) VNUS MEDICAL TECHNOLOGIES, INC., ) ) Plaintiff, ) ) v. ) ) TOTAL VEIN SOLUTIONS, LLC d/b/a ) TOTAL VEIN SYSTEMS, ) ) Defendant. ) ) ) ) VNUS MEDICAL TECHNOLOGIES, INC., LEAD CASE NO. C08-03129 MMC CASE NO. C08-03129 MMC [PROPOSED] ORDER GRANTING ADMINISTRATIVE MOTION TO FILE UNDER SEAL

CASE NO. C08-04234 MMC

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Before the Court is Plaintiff VNUS Medical Technologies, Inc.'s Administrative Motion to File Under Seal, dated May 1, 2009, by which Plaintiff seeks leave to file under seal certain portions of Exhibit C to the parties' Patent Local Rule 4-3 Joint Claim Construction and Prehearing Statement ("Joint Statement") that are designated "Confidential ­ Attorneys' Eyes Only" pursuant to the Stipulated Protective Order in this case. Having reviewed Plaintiff's submission of the Declaration of Mark Kertz Pursuant to Civil Local Rule 79-5(c), and good cause appearing for the reasons stated therein, the motion is GRANTED as to the designated portions of Exhibit C to the Joint Statement, which Plaintiff has shown constitute material properly filed under seal. The Clerk is DIRECTED to file under seal the unredacted version of the Joint Statement. IT IS SO ORDERED. May 8 Dated: _________, 2009 Hon. Maxine M. Chesney Judge, United States District Court

1 [PROPOSED] ORDER GRANTING ADMINISTRATIVE MOTION TO FILE UNDER SEAL ­ CASE NOS. C08-03129 MMC & C08-04234 MMC