Fortinet, Inc. v. Trend Micro Incorporated

Filing 28

ORDER GRANTING DEFENDANT'S ADMINISTRATIVE MOTION FOR LEAVE TO FILE UNDER SEAL PORTIONS OF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF MICHAEL M. MARKMAN IN SUPPORT OF MOTION TO DISMISS. Signed by Judge Maxine M. Chesney on February 27, 2009. (mmclc1, COURT STAFF) (Filed on 2/27/2009)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 ROBERT D. FRAM (State Bar No. 126750) E-Mail: rfram@cov.com COVINGTON & BURLING LLP One Front Street, 35th Floor San Francisco, California 94111 Telephone: (415) 591-6000 Facsimile: (415) 591-6091 JO DALE CAROTHERS (State Bar No. 228703) E-Mail: jcarothers@cov.com COVINGTON & BURLING LLP 9191 Towne Centre Drive, 6th Floor San Diego, CA 92212-1226 Telephone: (858) 678-1800 Facsimile: (858) 678-1600 Attorneys for Defendant TREND MICRO INCORPORATED UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION FORTINET, INC., a Delaware corporation, Civil Case No.: CV 08-05371 MMC [PROPOSED] ORDER GRANTING DEFENDANT TREND MICRO INCORPORATED'S ADMINISTRATIVE MOTION FOR LEAVE TO FILE UNDER SEAL PORTIONS OF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF MICHAEL M. MARKMAN IN SUPPORT OF MOTION TO DISMISS DATE: April 3, 2009 TIME: 9:00 am COURTROOM: 7, 19th Floor JUDGE: Hon. Maxine M. Chesney 15 Plaintiff, 16 v. 17 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER GRANTING DEFENDANT TREND MICRO INCORPORATED'S ADMINISTRATIVE MOTION FOR LEAVE TO FILE UNDER SEAL PORTIONS OF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF MICHAEL M. MARKMAN IN SUPPORT OF MOTION TO DISMISS Civil Case No.: CV 08-05371 MMC TREND MICRO INCORPORATED, a California corporation, Defendant. 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 Upon consideration of Defendant Trend Micro Incorporated's Administrative Motion for Leave to File Under Seal Portions of its Memorandum of Points and Authorities in support of its Motion to Dismiss the First Amended Complaint ("Memorandum of Points and Authorities") and the Declaration of Michael M. Markman in support thereof ("Markman Declaration") and exhibits thereto, and good cause appearing as described in the accompanying declaration of Derek Knerr, Defendant's Administrative Motion IS GRANTED. The following portions of the documents and exhibits submitted by Trend Micro in connection with its Motion to Dismiss, which quote or otherwise discuss the substantive terms of a confidential settlement agreement between Trend Micro and Plaintiff Fortinet, Inc. shall be filed under seal: Memorandum of Points and Authorities: (a). 2:27-3:3 (from "The Settlement Agreement . . ." through end of paragraph); (b). 3:4-3:5 (from "All . . ." through ". . . Patents.'"); (c). 3:10-11 (from "They were . . ." through end of sentence); (d). 3:17-19 (from "in an . . ." through end of sentence); (e). 4:6-7 (from "to avoid . . ." through end of sentence); (f). 4: 9 (last three words of sentence beginning "No case or controversy..."); (g). 5:20-21 (from "and related . . ." through end of sentence); (h). 5:22-6:10 (from "(describing..." through citation ending "at 6.4", including footnotes embedded within section); (i). 6:12 (from "for a" through "period"); (j). 6:12-15 (from "Under the. . ." through citation ending "at 36", including footnote embedded within section); (k). 8:2-23 (from "On November . . ." through citation ending "Markman Decl. Ex. 8"); (l). 8:26-9:2 (section heading, and text from "The broad . . ." through end of paragraph); [PROPOSED] ORDER GRANTING DEFENDANT TREND MICRO INCORPORATED'S ADMINISTRATIVE MOTION FOR LEAVE TO FILE UNDER SEAL PORTIONS OF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF MICHAEL M. MARKMAN IN SUPPORT OF MOTION TO DISMISS Civil Case No.: CV 08-05371 MMC 2 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 55"); (m). 9:9-19 (from "Not only . . ." through end of paragraph); (n). 9:20-22 (from "As explained . . ." through end of sentence); (o). 10:10-15 (section headings, and text from "Fortinet's first . . ." through citation ending "at 6.2"); (p). 10:16-18 (from "so that Fortinet..." through citation ending at "at 46- (q). 10:20-21 (from "These are..." through end of sentence); (r). 11:6-11 (from "Nothing in . . ." "...that ground here."); (s) 11: 13-15 (from "Broad..." through end of sentence); (t). 12:25-27 (from "Again, Fortinet . . ." through end of sentence); (u). 13:9-10 (from "The claim . . ." through end of sentence); (v). 14:1-2 (from "That claim . . ." through end of paragraph); (w). 14:4, 14:6-7, 14:9-24 (section headings, and text from "in an effort" through end of sentence and subsections 3.a and 3.b, to citation ending at "Exs. 6, 9"); (x). 14:26-15:24 (from "The agreement..." through "...future claims" including embedded footnote); (y). 16:1-2 (from "This policy..." through end of sentence); (z). 20:13 (the two words between "binding" and "covenant"); (aa). 20:20-28 (from "Specifically . . ." through end of paragraph, including embedded footnote); Markman Declaration: Exhibit 1: Exhibit 6: (bb). Confidential Settlement Agreement; (cc). December 9, 2008 letter of Todd Nelson; (dd). 7; (ee). 2:18-24 (first three sentences of 8, from "On January 27..." through "...that Agreement."); Exhibit 7: [PROPOSED] ORDER GRANTING DEFENDANT TREND MICRO INCORPORATED'S ADMINISTRATIVE MOTION FOR LEAVE TO FILE UNDER SEAL PORTIONS OF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF MICHAEL M. MARKMAN IN SUPPORT OF MOTION TO DISMISS Civil Case No.: CV 08-05371 MMC (ff). January 27, 2009 letter of Robert Fram; 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 (gg). 3:1-4 (first sentence of 9, from "On February 3..." through "...unenforceable.") Exhibit 8: Exhibit 9: (hh). February 3, 2009 email of Robert Lerner; (ii). February 3, 2009 letter of Stefani Shanberg. IT IS SO ORDERED. February 27 DATED: ____________, 2009 ___________________________ The Hon. Maxine M. Chesney United States District Judge Northern District of California [PROPOSED] ORDER GRANTING DEFENDANT TREND MICRO INCORPORATED'S ADMINISTRATIVE MOTION FOR LEAVE TO FILE UNDER SEAL PORTIONS OF MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF MICHAEL M. MARKMAN IN SUPPORT OF MOTION TO DISMISS Civil Case No.: CV 08-05371 MMC 4

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