Realnetworks, Inc. et al v. DVD Copy Control Association, Inc. et al

Filing 284

MOTION to Seal Document Administrative Motion for Filing Under Seal (1) The Unredacted Version of RealNetworks' Motio in Limine to Exclude or Strike Jacob Pak's April 10, 2009 Testimony Re AMX Corporation Pursuant to FRE 403 and Rule 30(E); (2) The Unredacted Version of the Declaration of Tracy Tosh Lane in Support of Motion in Limine and (3) Exhibits to Tracy Tosh Lane in Support of Motion in Limine filed by Realnetworks Home Entertainment, Inc.(a Delaware corporation). (Attachments: # 1 Proposed Order Granting Administrative Motion for Filing Under Seal)(Cunningham, Leo) (Filed on 4/21/2009)

Realnetworks, Inc. et al v. DVD Copy Control Association, Inc. et al

Doc. 284

Case3:08-cv-04548-MHP Document284

Filed04/21/09 Page1 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

JAMES A. DiBOISE, State Bar No. 83296 Email: [e-mail] LEO CUNNINGHAM, State Bar No. 121605 Email: [e-mail] COLLEEN BAL, State Bar No. 167637 Email: [e-mail] MICHAEL A. BERTA, State Bar No. 194650 Email: [e-mail] TRACY TOSH LANE, State Bar No. 184666 Email: [e-mail] WILSON SONSINI GOODRICH & ROSATI Professional Corporation One Market Street Spear Tower, Suite 3300 San Francisco, CA 94105 Attorneys for Plaintiffs and Counterclaim Defendants REALNETWORKS, INC. and REALNETWORKS HOME ENTERTAINMENT, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA REALNETWORKS, INC., a Washington Corporation; and REALNETWORKS HOME ENTERTAINMENT, INC., a Delaware corporation, Plaintiffs, v. DVD COPY CONTROL ASSOCIATION, INC., a Delaware nonprofit corporation, DISNEY ENTERPRISES, INC., a Delaware corporation; PARAMOUNT PICTURES CORP., a Delaware corporation; SONY PICTURES ENTER., INC., a Delaware corporation; TWENTIETH CENTURY FOX FILM CORP., a Delaware corporation; NBC UNIVERSAL, INC., a Delaware corporation; WARNER BROS. ENTER. INC., a Delaware corporation; and VIACOM, Inc., a Delaware Corporation, Defendants. Case Nos. C08 04548 MHP; C08 04719 MHP ADMINISTRATIVE MOTION FOR FILING UNDER SEAL (1) THE UNREDACTED VERSION OF REALNETWORKS' MOTION IN LIMINE TO EXCLUDE OR STRIKE JACOB PAK'S APRIL 10, 2009 TESTIMONY REGARDING AMX CORPORATION PURSUANT TO FRE 403 AND RULE 30(E); (2) THE UNREDACTED VERSIONS OF THE DECLARATION OF TRACY TOSH LANE IN SUPPORT OF MOTION IN LIMINE TO EXCLUDE OR STRIKE JACOB PAK'S APRIL 10, 2009 TESTIMONY REGARDING AMX CORPORATION PURSUANT TO FRE 403 AND RULE 30(E); AND (3) THE EXHIBITS TO DECLARTION OF TRACY TOSH LANE

AND RELATED CASES

ADMINISTRATIVE MOT. FOR FILING UNDER SEAL CASE NOS. 08-cv-04548 MHP 08-cv-04179 MHP
Dockets.Justia.com

Case3:08-cv-04548-MHP Document284

Filed04/21/09 Page2 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

ADMINISTRATIVE MOTION FOR FILING UNDER SEAL Pursuant to Civil Local Rules 7-11 and 79-5(b) and (c), RealNetworks, Inc. and RealNetworks Home Entertainment, Inc. (collectively "RealNetworks") respectfully request an order to file under seal the following documents: (1) The unredacted version of RealNetworks' Motion in Limine to Exclude or Strike

Jacob Pak's April 10, 2009 Testimony Regarding AMX Corporation Pursuant to FRE 403 and Rule 30(e) ("Motion in Limine"); (2) The unredacted version of the Declaration of Tracy Tosh Lane in Support of

Motion in Limine to Exclude or Strike Jacob Pak's April 10, 2009 Testimony Regarding AMX Corporation Pursuant to FRE 403 and Rule 30(e) ("Declaration of Tracy Tosh Lane"); and (3) Exhibits A through G, inclusive, to the Declaration of Tracy Tosh.

A "compelling reason" exists to seal these documents. Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (holding that aside from grand jury transcripts and warrant materials, "[a] party seeking to seal a judicial record. . .bears the burden of overcoming the `compelling reasons' standard"). Trade secrets and other confidential research, development, or commercial information may properly be protected by the court. See Fed.R.Civ.P. 26(c). Here, they contain propriety business and trade secret information of the defendants and third parties. Further, the redacted portions of the documents and the exhibits filed under seal implicate RealNetworks' propriety business and trade secret information relating to RealDVD and the New Platform. Additionally, much of the material has been designated "confidential" or "highly confidential" under the stipulated protective order governing this action. RealNetworks has made conscientious efforts to redact and seal only the confidential or highly confidential material necessary to protect its sensitive business, technical or personal information, as well as the sensitive information of the other parties. Thus, this Administrative Motion to Seal is narrowly tailored to preserve the public's interest in accessing judicial records. Kamakana, 447 F.3d at 1178. Redacted versions of the Opposition and supporting materials

ADMINISTRATIVE MOT. FOR FILING UNDER SEAL CASE NOS. 08-cv-04548 MHP 08-cv-04179 MHP

1

Case3:08-cv-04548-MHP Document284

Filed04/21/09 Page3 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

have been publicly filed with the Court. Therefore, the Court should grant this administrative motion. As required by Civil Local Rule 79-5(b), RealNetworks has lodged with the Clerk copies of the above-mentioned exhibits. Further, as required by Civil Local Rule 79-5(c), RealNetworks has provided redacted versions of the Motion in Limine, and the Declaration of Tracy Tosh Lane that can be in the public record if the Court grants the sealing order. WILSON SONSINI GOODRICH & ROSATI Professional Corporation By: /s/ Leo P. Cunningham

Attorneys for Plaintiffs and Counterclaim Defendants REAL NETWORKS, INC. and REALNETWORKS HOME ENTERTAINMENT, INC.

ADMINISTRATIVE MOT. FOR FILING UNDER SEAL CASE NOS. 08-cv-04548 MHP 08-cv-04179 MHP

2