Aria Diagnostics, Inc v. Sequenom, Inc

Filing 110

ORDER ON APPLICATION TO SEAL 104 (Illston, Susan) (Filed on 6/13/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ARIA DIAGNOSTICS, INC.,

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United States District Court
For the Northern District of California

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No. C 11-06391 SI

Plaintiff,

ORDER ON APPLICATION TO SEAL

v.
SEQUENOM, INC.,

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Defendant.

/

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SEQUENOM, INC.,
Counterclaim Plaintiff,

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v.
ARIA DIAGNOSTICS, INC.,
Counterclaim Defendant,

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and

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ISIS INNOVATION LIMITED,

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Nominal Counterclaim Defendant

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_______________________________________/

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Currently before the Court is defendant and counterclaimant Sequenom’s application to seal
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portions of its reply in support of its motion for a preliminary injunction and related declarations.
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Docket No. 104. The application is supported by a declaration from Sequenom (Declaration Michael
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Malecek) and a declaration from plaintiff and counterclaim defendant Ariosa (Declaration of Jason
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Sullivan).
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The Court GRANTS in part and DENIES in part the application to file portions of Sequenom’s

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reply brief under seal. Specifically, the Court finds good cause at this juncture to allow Sequenom to

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file under seal the following portions of its reply: (1) the text at page 12, lines 6-8, 21, 25-27; (2) the text

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at page 13, lines 3-4; (3) the text at page 14, lines 12-14; and (4) the text at page 15, lines 9-10. The

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remainder of the reply brief shall be publicly filed.

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The Court also GRANTS Sequenom’s application to file portions of the Supplemental

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Declaration of William Welch in support of its reply under seal. Specifically, the Court finds good

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cause at this juncture to allow Sequenom to file the following information included in or attached to the

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declaration under seal:

United States District Court
For the Northern District of California

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1.

Page 2: The highlighted text at lines 20-25.

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2.

Page 3: The highlighted text at lines 7-19.

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3.

Page 4: The highlighted text at lines 3-4, 9-11.

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4.

Page 5: The highlighted text at lines 1-4, 6-10 and 20-24.

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5.

Page 6: The highlighted text at lines 5, and 11-15.

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The Court also GRANTS Sequenom's application to file portions of the Supplemental

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Declaration of Mark I. Evans in support of its reply under seal. Specifically, the Court finds good cause

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at this juncture to allow Sequenom to file the following information included in or attached to the

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declaration under seal:

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1.

Page 21: The highlighted text at line 27.

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2.

Page 22: The highlighted text at lines 1-16.

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3.

Exhibits 17 and 18.

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The Court also GRANTS Sequenom’s application to file portions of the Declaration of Peter

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Root in support of its reply under seal. Specifically, the Court finds good cause at this juncture to allow

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Sequenom to file the following information included in or attached to the declaration under seal:

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1.

Root Decl., Ex. 1 (Deposition of Dr. John R. Stuelpnagel)

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a.

The testimony on page 74, lines 2-25.

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b.

The testimony on page 75, lines 2-9.

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c.

The testimony on page 93, lines 2-25.
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d.

The testimony on page 102, lines 9-22.

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e.

The testimony on page 138, lines 3-20.

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f.

The testimony on page 176, lines 3-25.

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g.

The testimony on page 177, lines 2-25.

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h.

The testimony on page 178, lines 2-25.

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i.

The testimony on page 181, lines 3-25.

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j.

The testimony on page 182, lines 2-11.

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k.

The testimony on page 193, lines 2-25.

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l.

The testimony on page 194, lines 2-17.

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United States District Court
For the Northern District of California

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m.

The testimony on page 214, lines 2-25.

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2.

Exhibits 14-19 and 21-22.

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Sequenom shall e-file under seal (pursuant to General Order No. 62), unredacted copies of the

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documents it has been given leave to file under seal and e-file in the public docket redacted copies of

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the same.

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IT IS SO ORDERED.

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Dated: June 13, 2012
SUSAN ILLSTON
United States District Judge

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