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

Filing 125

ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR ADMINISTRATIVE RELIEF TO FILE DOCUMENTS UNDER SEAL. Signed by Judge Maxine M. Chesney on July 31, 2009. (mmclc1, COURT STAFF) (Filed on 7/31/2009)

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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 LLP 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 IN PART AND DENYING IN PART MOTION FOR ADMINISTRATIVE RELIEF TO FILE DOCUMENTS UNDER SEAL

CASE NO. C08-04234 MMC (consolidated with Lead Case No. C08-03129 MMC)

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Before the Court is Defendants' Motion for Administrative Relief to File Documents Under Seal, dated July 13, 2009, by which Defendants seek leave to file under seal unredacted versions of certain documents submitted in connection with their Joint Claim Construction Brief. Having reviewed Plaintiff's submission of the Declaration of Mark Kertz Pursuant to Civil Local Rule 79-5(d) and good cause appearing, the Court rules as follows: 1. The motion is GRANTED in part, specifically, as to the following documents that

Plaintiff has shown contain material properly filed under seal, (see Kertz Decl., filed July 20, 2009): (a) Exhibits E (pages bates-stamped VNUS_014109-11 only), G, H, AA, and II to the Declaration of Charles T. Steenburg in Support of Defendants' Joint Claim Construction Brief; and (b) Pages 2 (lines 19-20 only), 11 and 14 of Defendants' Joint Claim Construction Brief. 2. The motion is DENIED in part, specifically, as to the following materials, in light of

Plaintiff's having withdrawn its prior designation of confidentiality: (a) (b) (c) (d) Exhibits F, I, W, Y; The page bates-stamped VNUS_014112 of Exhibit E; Pages 12, 15-16, and 21 of Defendants' Joint Claim Construction Brief; Line 18 and footnote 4 only from page 2 of Defendants' Joint Claim Construction Brief. 3. No later than August 7, 2009, defendants shall file in the public record the material

identified above in 2(a) - (d). IT IS SO ORDERED. July 31 Dated: _________, 2009 Hon. Maxine M. Chesney Judge, United States District Court

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