Alibaba.com Hong Kong Limited et al v. P.S. Products Inc et al

Filing 80

ORDER GRANTING PLAINTIFFS' MOTION TO SEAL AND DENYING DEFENDANTS' MOTION TO SEAL by Hon. William Alsup.(whalc1, COURT STAFF) (Filed on 5/23/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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ALIBABA.COM HONG KONG
LIMITED, a Hong Kong corporation,
and ALIBABA.COM, INC., a
Delaware corporation,

ORDER GRANTING
PLAINTIFF’S MOTION
TO SEAL AND DENYING
DEFENDANT’S MOTION
TO SEAL (Dkt. Nos. 66, 73)

Plaintiffs,

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No. C 10-04457 WHA

v.

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P.S. PRODUCTS, INC., an Arkansas
corporation, and BILLY PENNINGTON,
and individual,

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Defendants.

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/

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Plaintiff Alibaba.com Hong Kong Limited moves to seal keywords contained in paragraph

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23 of the Wong Declaration in support of its motion for summary judgment of non-infringement

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(Dkt. No. 66). A supporting declaration is filed with plaintiff’s motion, establishing that the

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keywords at issue are used to combat the listing of certain restricted products from its website

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including pharmaceuticals, weapons, drugs, and products that violate intellectual property rights.

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Public disclosure of this information would harm plaintiff by potentially undermining its efforts

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to prevent these transactions (Marton Decl. ¶¶ 3, 5). Plaintiff’s motion is accordingly GRANTED.

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Defendant P.S. Products, Inc. moves to seal the deposition testimony of Daniel Draper
pursuant to Local Rule 79-5(b). The entire document was marked by plaintiffs as “confidential

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— attorney’s eyes only.” Because plaintiffs have not provided a supporting declaration showing

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that plaintiffs would be harmed by public disclosure of this material, defendant’s motion is

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DENIED.

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IT IS SO ORDERED.

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Dated: May 23, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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