Fortinet, Inc. v. Trend Micro Incorporated et al

Filing 52

DIRECTIONS TO DEFENDANTS AND ORDER GRANTING DEFENDANTS' ADMINISTRATIVE MOTION TO FILE UNDER SEAL. Signed by Judge Maxine M. Chesney on April 9, 2010. (mmclc1, COURT STAFF) (Filed on 4/9/2010)

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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, Civil Case No.: CV 10-0048 MMC DIRECTIONS TO DEFENDANTS AND [PROPOSED] ORDER GRANTING DEFENDANTS' ADMINISTRATIVE MOTION TO FILE UNDER SEAL (1) PORTIONS OF MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR SANCTIONS, (2) EXHIBITS 8 AND 19 TO DECLARATION OF ANDREW C. BYRNES IN SUPPORT OF MOTION FOR SANCTIONS, AND (3) EXHIBIT 2 TO DECLARATION OF ROBERT D. FRAM IN SUPPORT OF MOTION FOR SANCTIONS [Submitted in connection with Defendants' Motion for Sanctions] Date: May 14, 2010 Time: 9:00 a.m. Location: Courtroom 7, 19th Floor Judge: Hon. Maxine M. Chesney
[PROPOSED] ORDER GRANTING DEFENDANTS' ADMINISTRATIVE MOTION TO FILE UNDER SEAL Civil Case No.: CV 10-0048 MMC

17 Plaintiff, 18 v. 19 TREND MICRO INCORPORATED, et al., 20 Defendants. 21 22 23 24 25 26 27 28

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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 Memorandum of Points and Authorities in support of its Motion for Sanctions, (2) Exhibits 8 and 19 to the Declaration of Andrew C. Byrnes in support of Defendants' Motion for Sanctions ("Byrnes Declaration"), and (3) Exhibit 2 to the Declaration of Robert D. Fram in support of Defendants' Motion for Sanctions ("Fram Declaration") 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 in support of its Motion for Sanctions shall be filed under seal: (a). 2:8-9 (from "Trend" through "infringement"); (b). 2:10-12 (from "[b]y" through "covenant"); (c). 3:3-4 (from "Trend" to "infringement"); (d). 5:23-24 (from "Trend" to "infringement"); (e). 5:25-26 (from "[b]y" to "covenant"); (f). 8:5-6 (from "By" to "covenant"); (g). 10:8-9 (from "Trend" to "protected"); (h). 10:10-11 (from "By" to "covenant"); (i). 10:15 (from "Trend" to "customers"); (j). 10:17-18 (from "Trend" to "infringement"); (k). 10:21 (from "it" to "business"). Exhibits 8 and 19 to the Byrnes Declaration, and Exhibit 2 to the Fram Declaration, shall be filed under seal in their entirety. unredacted form. Defendants are DIRECTED to file in the public record, no later than April 14, 2010, redacted versions of Exhibits 8 and 19 to the Byrnes Declaration and of Exhibit 2 to the Fram Declaration. IT IS SO ORDERED. April 9 DATED: ____________, 2010 ___________________________ The Hon. Maxine M. Chesney United States District Judge Northern District of California 2

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