Fortinet, Inc. v. Trend Micro Incorporated et al

Filing 37

ORDER GRANTING DEFENDANTS' ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL. Signed by Judge Maxine M. Chesney on March 31, 2010. (mmclc1, COURT STAFF) (Filed on 3/31/2010)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ROBERT D. FRAM (State Bar No. 126750) rfram@cov.com SONYA D. WINNER (State Bar No. 200348) swinner@cov.com COVINGTON & BURLING LLP One Front Street, 35th Floor San Francisco, California 94111 Telephone: (415) 591-6000 Facsimile: (415) 591-6091 ANDREW C. BYRNES (State Bar No. 191516) abyrnes@cov.com COVINGTON & BURLING LLP 333 Twin Dolphin Drive, Suite 700 Redwood Shores, CA 94065 Telephone: (650) 632-4701 Facsimile: (650) 632-4801 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, Civil Case No.: CV 10-0048 MMC [PROPOSED] ORDER GRANTING DEFENDANTS' ADMINISTRATIVE MOTION TO FILE UNDER SEAL (1) PORTIONS OF REPLY MEMORANDUM IN SUPPORT OF MOTION TO DISMISS AND (2) EXHIBIT B TO SUPPLEMENTAL DECLARATION OF ANDREW C. BYRNES IN SUPPORT OF MOTION TO DISMISS [Submitted in connection with Defendants' Reply in Support of Motion to Dismiss Complaint Pursuant to Rule 12(b)(1)] Date: April 9, 2010 Time: 9:00 a.m. Location: Courtroom 7, 19th Floor Judge: Hon. Maxine M. Chesney 17 Plaintiff, 18 v. 19 TREND MICRO INCORPORATED, et al., 20 Defendants. 21 22 23 24 25 26 27 28 [PROPOSED] ORDER GRANTING DEFENDANTS' ADMINISTRATIVE MOTION TO FILE UNDER SEAL Civil Case No.: CV 10-0048 MMC 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 Defendants Trend Micro Incorporated, a California corporation, Trend Micro Incorporated, a Japanese corporation, and Trend Micro Incorporated, a Taiwanese corporation (collectively "Trend Micro") Administrative Motion for Leave to File Under Seal (1) portions of Trend Micro's Reply Memorandum in support of Defendants' Motion to Dismiss Fortinet's Complaint, and (2) Exhibit B to the Supplemental Declaration of Andrew C. Byrnes in support of Defendants' Motion to Dismiss Fortinet's Complaint ("Supplemental Byrnes Declaration"). IT IS HEREBY ORDERED that Defendants' Administrative Motion is GRANTED. Accordingly, the following portions of Trend Micro's Reply Memorandum shall be filed under seal: (a). 8:2 (from "does" through "customers") (b). 8:16-18, second column (from "Trend" through "protected"); (c). 8:19-20, second column (from "Trend" to "customers"); (d). 8:21-22, second column (from "Trend" to "infringement"); (e). 8:23-24, second column (from "By" to "covenant"); (f). 9:1-2, second column (from "it" to "business"). Exhibit B to the Supplemental Byrnes Declaration shall be filed under seal in its entirety. unredacted form. Defendants are DIRECTED to file in the public record, no later than April 5, 2010, a redacted version of Exhibit B to the Supplemental Byrnes Declaration. (See Case No. 08-5371, Document No. 92.) IT IS SO ORDERED. March 31 DATED: ____________, 2010 ___________________________ The Hon. Maxine M. Chesney United States District Judge Northern District of California [PROPOSED] ORDER GRANTING DEFENDANTS' ADMINISTRATIVE MOTION TO FILE UNDER SEAL Civil Case No.: CV 10-0048 MMC 2

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