Fortinet, Inc. v. Trend Micro Incorporated

Filing 52

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S ADMINISTRATIVE MOTION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL; DIRECTIONS TO CLERK. Signed by Judge Maxine M. Chesney on March 26, 2009. (mmclc1, COURT STAFF) (Filed on 3/26/2009) Modified on 3/26/2009 (mmclc1, COURT STAFF).

1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. TREND MICRO INCORPORATED, Defendant / United States District Court FORTINET, INC., Plaintiff, No. C-08-5371 MMC ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S ADMINISTRATIVE MOTION FOR LEVAE TO FILE DOCUMENTS UNDER SEAL; DIRECTIONS TO CLERK IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Before the Court is defendant's "Administrative Motion and Supporting Declaration of Derek Knerr for Leave to File Under Seal (1) Portions of Reply Brief in Support of Motion to Dismiss and (2) Exhibits 2 and 3 to Reply Declaration of Derek Knerr in Support of Motion to Dismiss," filed March 20, 2009. Having read and considered the motion, the Court rules as follows: 1. To the extent the motion seeks leave file under seal the unredacted versions of the Reply Brief and Exhibit 3, the motion is hereby GRANTED, and the Clerk of the Court is DIRECTED to file said documents under seal. 2. To the extent the motion seeks leave to file under seal the unredacted version of Exhibit 2, the motion is hereby DENIED, for the reason defendant has previously filed each page of said exhibit in the public record. (See Trend Micro Inc. v. Fortinet, Inc., No. C-041785 RMW, Documents No. 42-10 and 42-12.) //

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3. No later than March 31, 2009, defendant shall file Exhibit 2 in the public record, if it wishes Exhibit 2 to be part of the record herein. IT IS SO ORDERED.

Dated: March 26, 2009

MAXINE M. CHESNEY United States District Judge

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