Symantec Corporation v. Acronis, Inc
Filing
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ORDER RE: ADMINISTRATIVE MOTIONS TO SEAL (Dkt. Nos. 245 & 254). Signed by Magistrate Judge Jacqueline Scott Corley on 9/25/2013. (ahm, COURT STAFF) (Filed on 9/25/2013)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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Northern District of California
United States District Court
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SYMANTEC CORPORATION,
Plaintiff,
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v.
Case No.: 11-5310 EMC (JSC)
ORDER RE: ADMINISTRATIVE
MOTIONS TO SEAL (Dkt. Nos. 245 &
254)
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ACRONIS CORPORATION, et al.,
Defendants.
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On September 16, 2013, the Court issued an Order granting in part and denying part
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the parties’ administrative motions to seal filings related to Defendants Acronis Corporation,
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et al., (collectively “Acronis”) Motion to Amend/Correct Invalidity Contentions (Dkt. Nos.
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245 & 254). (Dkt. No. 259.) The Court hereby addresses certain outstanding issues with
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respect to the motions to seal.
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1. Although Acronis initially sought to file under seal an entire deposition transcript (Dkt.
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No. 254-5, Exhibit B) at the request of Plaintiff Symantec Corporation (“Symantec”),
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Symantec has since withdrawn this request and instead seeks to file selected portions
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of the transcript under seal. Symantec has shown good cause for its request for sealing
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the limited portions of the transcript and the Court GRANTS the request to file Docket
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No. 264-1 under seal.
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2. Symantec has likewise shown good cause for filing a narrowly tailored redacted
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version of what was previously filed as Exhibit E to the Declaration of Kate Cassidy in
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support of Symantec’s Opposition to Acronis’s Motion (Dkt. No. 254-8).
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Accordingly, the Court GRANTS the request to file Docket No. 264-2 under seal.
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3. The Court previously denied Symantec’s request to file Exhibit A to the Declaration of
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Kate Cassidy in support of Symantec’s Opposition to Acronis’s Motion (Dkt. No. 254-
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4) under seal because the one-line email was predominately in Russian and no
Northern District of California
translation was provided. Symantec has since filed a certification stating that no
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United States District Court
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translation could be provided because the document is unreadable in Russian. (Dkt.
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No. 262-1.) As a week has passed with no response from Acronis, the Court hereby
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Orders that Symantec file Exhibit A on the public docket as there is no good cause for
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sealing an unreadable document.
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4. Symantec has failed to comply with the portions of the Court’s Order (Dkt. No. 259)
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which granted the motion to seal with respect to Exhibits D, K, and L to the
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Declaration of Kate Cassidy in support of Symantec’s Opposition to Acronis’s Motion
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(Dkt. Nos. 254-7, 254-10, 254-11) and ordered these documents to be electronically
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filed under seal within three days. To date, the documents have not been electronically
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filed, and are thus, not part of the record. Symantec shall electronically file these
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documents under seal by the close of business September 26, 2013 or the Court will
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have to amend its Order denying Acronis’s motion to amend to eliminate any reliance
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on this evidence.
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IT IS SO ORDERED.
Dated: September 25, 2013
_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE
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