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

Filing 335

MOTION to Seal Document RealNetworks' Proposed Findings of Fact and Conclusions of Law filed by Realnetworks Home Entertainment, Inc.(a Delaware corporation). Motion Hearing set for 5/21/2009 09:30 AM in Courtroom 15, 18th Floor, San Francisco. (Attachments: # 1 Proposed Order Granting Administrative Motion for Filing Under Seal the Redacted Version of RealNetworks' Proposed Findings of Fact and Conclusions of Law)(Cunningham, Leo) (Filed on 5/15/2009)

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

Doc. 335

Case3:08-cv-04548-MHP Document335

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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 THE REDACTED VERSION OF REALNETWORKS' PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW

AND RELATED CASES

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

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ADMINISTRATIVE MOTION FOR FILING UNDER SEAL Pursuant to Civil Local Rules 7-11 and 79-5(c), RealNetworks, Inc. and RealNetworks Home Entertainment, Inc. (collectively "RealNetworks") respectfully request an order to file under seal the following document: The unredacted version of RealNetworks' Proposed Findings of Fact and Conclusions of Law. A "compelling reason" exists to seal this document. 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, the redacted portions of the document under seal contain propriety business, technical and trade secret information belonging to RealNetworks (relating to the RealDVD Products) and to the DVD CCA (relating to the Content Scramble System). Additionally, much of the material to be redacted has been designated "confidential" or "highly confidential" under the stipulated protective order governing this action, or reflects testimony given during portions of the preliminary injunction hearing when the courtroom was sealed by this Court's order. RealNetworks has made conscientious efforts to redact and seal only the confidential or highly confidential material necessary to protect the sensitive business, technical or personal information of the parties to this action. 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. A redacted version of RealNetworks' Proposed Findings of Fact and Conclusions of Law has been publicly filed with the Court. Therefore, the Court should grant this administrative motion.

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

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As required by Civil Local Rule 79-5(c), RealNetworks has filed a redacted version of the document to be filed under seal that will be in the public record if the Court grants the sealing order. WILSON SONSINI GOODRICH & ROSATI Professional Corporation By: /s/ Leo 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

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