Fortinet, Inc. v. Trend Micro Incorporated

Filing 99

ORDER GRANTING TREND MICRO INCORPORATED'S ADMINISTRATIVE MOTION TO FILE UNDER SEAL (1) PORTIONS OF REPLY BRIEF IN SUPPORT OF RENEWED MOTION TO DISMISS AND (2) PORTIONS OF STEPHEN QUANE DECLARATION IN SUPPORT OF RENEWED MOTION TO DISMISS. Signed by Judge Maxine M. Chesney on June 18, 2009. (mmclc1, COURT STAFF) (Filed on 6/18/2009)

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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 & Counterclaimant 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 TREND MICRO INCORPORATED'S ADMINISTRATIVE MOTION TO FILE UNDER SEAL (1) PORTIONS OF REPLY BRIEF IN SUPPORT OF RENEWED MOTION TO DISMISS AND (2) PORTIONS OF STEPHEN QUANE DECLARATION IN SUPPORT OF RENEWED MOTION TO DISMISS [Submitted in Connection with Trend Micro's Reply in Support of Renewed Motion to Dismiss the First Amended Complaint] DATE: June 26, 2009 TIME: 9:00 am COURTROOM: 7, 19th Floor JUDGE: Hon. Maxine M. Chesney

15 Plaintiff & Counter-defendant, 16 v. 17 18 19 20 21 22 23 24 25 26 27 28
[PROPOSED] ORDER GRANTING TREND MICRO'S ADMINISTRATIVE MOTION TO FILE UNDER SEAL Civil Case No.: CV 08-05371 MMC

TREND MICRO INCORPORATED, a California corporation, Defendant & Counterclaimant.

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Upon consideration of Defendant and Counterclaimant Trend Micro Incorporated's ("Trend Micro") Administrative Motion for Leave to File Under Seal (1) portions of the Reply Brief in support of Trend Micro's Renewed Motion to Dismiss the First Amended Complaint ("Reply Brief") and (2) portions of the Declaration of Stephen Quane in support of Trend Micro's Renewed Motion to Dismiss the First Amended Complaint ("Quane Declaration") and for good cause appearing, as described in the accompanying Declaration of Andrew C. Byrnes; IT IS HEREBY ORDERED that Trend Micro's Administrative Motion IS GRANTED. Accordingly, (1) the following portions of the Reply Brief, and (2) the following portions of the Quane Declaration, shall be filed under seal: Reply Brief: (a). 1:3 (seventh word on line); (b). 1:7 (third word in heading); (c). 1:15 (ninth word on line); (d). 2:8 (seventh through tenth words on line); (e). 3:10 (sixth word in heading); (f). 3:12 (third word on line); (g). 3:18 - 4:5 (from "Trend" through end of paragraph); (h). 4:10-11 (from "the first" through end of sentence); (i). 4:12-13 (from "in its" through "Agreement"); (j). 4:16 (last four words in heading);

(k). 4:18 (from "does" through end of sentence); (l). 4:20 (from "of a" through "customer");

(m). 4:22 (from "as to" through "Inc."); (n). 4:24-26 (from "that Trend" through end of sentence); (o). 4:26-27 (from "Fortinet's" through "affiliates"); (p). 5:12-14 (from "many" through end of sentence); (q). 5:19-20 (from "unlike" through end of sentence); (r). 5:21 (last six words in heading);
[PROPOSED] ORDER GRANTING TREND MICRO'S ADMINISTRATIVE MOTION TO FILE UNDER SEAL Civil Case No.: CV 08-05371 MMC

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(s). 5:23-6:3 (from "that Fortinet" through "(or acquirors)"); (t). 5:26-27 (entirety of footnote 2); (u). 6:4 (from "Need" to "Suit" in heading); (v). 6:5-11 (from "it omits" through "jurisdiction"); (w). 6:22-7:5 (from "Fortinet" through end of paragraph); (x). 7:21 (third word on line); (y). 7:26-27 (entirety of footnote 3). Quane Declaration: (z). 1:9-11 (from "Trend Micro" to "future").

The Clerk is DIRECTED to file under seal the unredacted versions of the Reply Brief and the Quane Declaration. 11 IT IS SO ORDERED. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
[PROPOSED] ORDER GRANTING TREND MICRO'S ADMINISTRATIVE MOTION TO FILE UNDER SEAL Civil Case No.: CV 08-05371 MMC

June 18 DATED: ____________, 2009

___________________________ The Hon. Maxine M. Chesney United States District Judge Northern District of California

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