Fortinet, Inc. v. Trend Micro Incorporated

Filing 66

ORDER GRANTING DEFENDANT'S ADMINISTRATIVE MOTION FOR LEAVE TO FILE UNDER SEAL PORTIONS OF ANSWER. Signed by Judge Maxine M. Chesney on May 14, 2009. (mmclc1, COURT STAFF) (Filed on 5/14/2009)

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ROBERT D. FRAM (State Bar No. 126750) E-Mail: [e-mail] COVINGTON & BURLING LLP One Front Street, 35th Floor San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] JO DALE CAROTHERS (State Bar No. 228703) E-Mail: [e-mail] COVINGTON & BURLING LLP 9191 Towne Centre Drive, 6th Floor San Diego, CA 92212-1226 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant TREND MICRO INCORPORATED

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION FORTINET, INC., a Delaware corporation, Plaintiff, v. TREND MICRO INCORPORATED, a California corporation, Defendant. 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 ANSWER TO FIRST AMENDED COMPLAINT AND COUNTERCLAIM

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[PROPOSED] ORDER GRANTING DEFENDANT TREND MICRO INCORPORATED'S ADMINISTRATIVE MOTION FOR LEAVE TO FILE UNDER SEAL PORTIONS OF ANSWER TO FIRST AMENDED COMPLAINT AND COUNTERCLAIM SF: 119541-1

Civil Case No.: CV 08-05371 MMC

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Upon consideration of Defendant Trend Micro Incorporated's Administrative Motion for Leave to File Under Seal Portions of its Answer to First Amended Complaint and Counterclaim and good cause appearing as described in the accompanying declaration of Christopher J. Longman, Defendant's Administrative Motion IS GRANTED. The following portions of Trend Micro's Answer to First Amended Complaint and Counterclaim, which discuss the substantive terms of a confidential settlement agreement between Trend Micro and Plaintiff Fortinet, Inc. and the substantive terms of a confidential license agreement between Trend Micro and Clearswift, Ltd., shall be filed under seal: (a) 6:23-24 (from "Trend Micro admits . . ." through end of sentence); (b) 12:7-9 (from "Trend Micro admits . . ." through end of sentence); (c) 16:11-14 (from "The Settlement Agreement . . ." through end of sentence); (d) 16:15-20 (from "The Settlement Agreement . . ." through end of ¶ 11); (e) 17:1- 3 (from "On December 5, 2008 . . ." through end of sentence); (f) 17:22-25 (from "Pursuant to the terms . . ." through end of paragraph); (g) 17:26-18:2 (from ". . . suing Trend Micro..." through end of paragraph); (h) 18:3- 5 (from "As a result . . . " through end of paragraph); (i) 18:15-18 (from "For an award . . ." through end of sentence). Accordingly, the Clerk is directed to file under seal the unredacted version of the Answer. IT IS SO ORDERED. May 14 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 ANSWER TO FIRST AMENDED COMPLAINT AND COUNTERCLAIM

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Civil Case No.: CV 08-05371 MMC