Fortinet, Inc. v. Trend Micro Incorporated et al

Filing 22

ORDER GRANTING DEFENDANTS' ADMINISTRATIVE MOTION TO FILE UNDER SEAL (1) PORTIONS OF MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISMISS AND (2) EXHIBIT 8 TO DECLARATION OF ANDREW C. BYRNES IN SUPPORT OF MOTION TO DISMISS. Defendants are directed to file in the public record, no later than March 17, 2010, a redacted version of Exhibit 8. Signed by Judge Maxine M. Chesney on March 10, 2010. (mmclc1, COURT STAFF) (Filed on 3/10/2010)

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ROBERT D. FRAM (State Bar No. 126750) [e-mail] SONYA D. WINNER (State Bar No. 200348) [e-mail] COVINGTON & BURLING LLP One Front Street, 35th Floor San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] ANDREW C. BYRNES (State Bar No. 191516) [e-mail] COVINGTON & BURLING LLP 333 Twin Dolphin Drive, Suite 700 Redwood Shores, CA 94065 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants TREND MICRO INCORPORATED, a California corporation, TREND MICRO INCORPORATED, a Japanese corporation, and TREND MICRO INCORPORATED, a Taiwanese corporation. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION FORTINET, INC., a Delaware corporation, Plaintiff, v. TREND MICRO INCORPORATED, et al., Defendants. Civil Case No.: CV 10-0048 MMC [PROPOSED] ORDER GRANTING DEFENDANTS' ADMINISTRATIVE MOTION TO FILE UNDER SEAL (1) PORTIONS OF MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISMISS AND (2) EXHIBIT 8 TO DECLARATION OF ANDREW C. BYRNES IN SUPPORT OF MOTION TO DISMISS AND DIRECTIONS TO DEFENDANTS Date: April 9, 2010 Time: 9:00 a.m. Location: Courtroom 7, 19th Floor Judge: Hon. Maxine M. Chesney

PROPOSED ORDER GRANTING DEFENDANTS' ADMINISTRATIVE MOTION FOR LEAVE TO FILE UNDER SEAL Civil Case No.: CV 10-0048 MMC

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Upon consideration of Defendants Trend Micro Incorporated, a California corporation, Trend Micro Incorporated, a Japanese corporation, and Trend Micro Incorporated's, a Taiwanese corporation (collectively, "Trend Micro") Administrative Motion for Leave to File Under Seal (1) portions of Memorandum of Points and Authorities in support of Motion to Dismiss Complaint pursuant to Fed. R. Civ. P. 12(b)(1) and (2) Exhibit 8 to Declaration of Andrew C. Byrnes in support of Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(1), and 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, the following portions of Trend Micro's Memorandum of Points and Authorities shall be filed under seal: (a). 5:4-5 (from "Trend" through "infringement"); (b). 10:3-4 (from "is" to "business"); (c). 10:6-7 (from "Trend" to "protected"); (d). 10:8-9 (from "By" to "covenant"); (e). 10:13 (from "Trend" to "customers"); (f). 10:14-15 (from "Trend" to "infringement"); (g). 13:27-28 (from "Trend" through "infringement"). Exhibit 8 to Byrnes Declaration in support of Motion to Dismiss Complaint pursuant to Fed. R. Civ. P. 12(b)(1) shall be filed under seal in its entirety. unredacted form.
Defendants are DIRECTED to file in the public record, no later than March 17, 2010, a redacted version of Exhibit 8 to Byrnes Declaration. (See Case No. 08-5371, Document No. 103, Attachment 3.) IT IS SO ORDERED.

March 10 Dated: ________, 2010

_____________________________ Honorable Maxine M. Chesney United States District Judge

PROPOSED ORDER GRANTING DEFENDANTS' ADMINISTRATIVE MOTION FOR LEAVE TO FILE UNDER SEAL Civil Case No.: CV 10-0048 MMC

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