Implicit Networks, Inc. v. Juniper Networks, Inc.

Filing 227

ORDER ON STIPULATIONS TO FILE UNDER SEAL 210 224 (Illston, Susan) (Filed on 4/24/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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No. C 10-4234 SI
IMPLICIT NETWORKS, INC.,

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Plaintiff,

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United States District Court
For the Northern District of California

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ORDER ON STIPULATIONS TO FILE
UNDER SEAL

v.
JUNIPER NETWORKS, INC.,
Defendant.
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Currently before the Court are the parties’ stipulations to file under seal [Docket Nos. 210, 224]
portions of documents filed in connection with defendant’s motion for attorney fees.
With respect to defendant’s request [Docket No. 210], the Court GRANTS the request to file
under seal material that discusses or identifies Juniper’s source code in Exhibits 12, 15 and 17. The
Court also GRANTS the request to file under seal material discussing confidential settlements and
settlement offers in Exhibit 5 and footnote four of Juniper’s brief. The request to file under seal is
DENIED as to Exhibit 18, containing information regarding defense counsel’s hourly rates and total
hours. Defendant has neither made a particularized showing of how or articulated a reason why a
specific harm or prejudice will result from disclosure, to justify sealing. This type of information is
routinely provided to the Court in connection with motions for attorneys fees and typically filed in the
public docket. Within five (5) days of the date of this Order, Juniper shall e-file in the docket public
copies of its submissions redacting only the information allowed by this Order.
With respect to plaintiff’s request [Docket No. 224], that request is granted for any information
the Court has already ruled can be filed under seal, i.e., confidential source code and confidential client
configuration information. See Docket No. 188. With respect to defendant’s “financial information,”

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mentioned by Implicit in its request, that information has not been identified and there is no indication

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that the Court has already allowed the parties to file this “financial information” under seal. Therefore,

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within five (5) days of the date of this Order, defendant shall submit a declaration identifying the

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specific “financial information” it requests the Court seal and provide a particularized showing of how

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or articulate a reason why a specific harm or prejudice will result from disclosure.

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IT IS SO ORDERED.

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United States District Court
For the Northern District of California

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Dated: April 24, 2013
SUSAN ILLSTON
United States District Judge

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