Be In, Inc. v. Google Inc. et al

Filing 81

Administrative Motion to File Under Seal Joint Statement #2 and Exhibit B Thereto filed by GOOGLE UK LTD., Google Inc., YouTube, LLC. (Attachments: # 1 Declaration of Riana S. Pfefferkorn in Support of Motion to Seal, # 2 Proposed Order, # 3 Exhibit Redacted Version of Exhibit A to Declaration, # 4 Exhibit Unredacted Version of Exhibit A to Declaration, # 5 Exhibit Redacted Version of Exhibit B to Declaration, # 6 Exhibit Unredacted Version of Exhibit B to Declaration, # 7 Exhibit Exhibit A to Joint Statement (Exh. A to Declaration))(Bal, Colleen) (Filed on 10/11/2013)

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COLLEEN BAL, State Bar No. 167637
CHARLES TAIT GRAVES, State Bar No. 197923
RIANA S. PFEFFERKORN, State Bar No. 266817
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
One Market Plaza
Spear Tower, Suite 3300
San Francisco, California 94105-1126
Phone [phone]
Fax [phone]
Email: [e-mail]
[e-mail]

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Attorneys for Defendants
Google Inc., YouTube, LLC, and Google UK Ltd.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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BE IN, INC., a New York Corporation,

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Plaintiff,

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v.
GOOGLE INC., a California corporation;
YOUTUBE, LLC, a Delaware limited liability
company; and GOOGLE UK LTD., a private
limited company registered in England and
Wales,
Defendants.

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MOTION TO SEAL
CASE NO.: CV-12-3373 LHK-HRL

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Case No.: 5:12-cv-03373-LHK-HRL
DEFENDANT GOOGLE INC.’S
ADMINISTRATIVE MOTION TO
FILE DOCUMENTS UNDER SEAL
PURSUANT TO LOCAL RULE 79-5
Judge: Hon. Howard R. Lloyd

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MEMORANDUM OF POINTS AND AUTHORITIES

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Defendants Google Inc., YouTube, LLC, and Google UK Ltd. (“Google”) hereby request

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that the Court permit Defendants to file under seal portions of two documents: (1) the parties’

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Discovery Dispute Joint Report #2 (“Joint Report”), attached as Exhibit A to the Declaration of

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Riana S. Pfefferkorn filed in support of the instant Motion (“Pfefferkorn Declaration”), and (2)

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Exhibit B to the Joint Report, which is attached as Exhibit B to the Pfefferkorn Declaration.

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This is a trade secret case, in which Plaintiff contends that Defendant misappropriated

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alleged trade secrets. This motion to seal concerns a document and a discovery response which

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Plaintiff contends contain or describe its alleged trade secrets.

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● Joint Report: The first document is the Joint Report, which contains or quotes from

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discovery responses and a document which Plaintiff has designated as “Confidential” and which

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Plaintiff contends contain alleged trade secrets. It is attached as Exhibit A to the Pfefferkorn

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Declaration.

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● Exhibit B to Joint Report: The second document is a true and correct copy of

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excerpts from Plaintiff’s supplemental responses to Google’s first set of interrogatories to

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Plaintiff which Plaintiff designated “Confidential.” This document is Exhibit B to the Joint

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Report. It is attached as Exhibit B to the Pfefferkorn Declaration.

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Google does not contend that these two documents contain protectable trade secrets.

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However, Google believes that the two documents listed above contain information that Plaintiff

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alleges to constitute trade secrets. Therefore, under the section of the Uniform Trade Secrets Act

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which addresses sealing of claimed trade secrets, and as a professional courtesy to Plaintiff,

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Google seeks to seal both documents.

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Civil Local Rule 79-5(d) authorizes the sealing of documents that contain information the

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opposing party has designated as confidential. Likewise, California Civil Code section 3426.5 –

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a section of the Uniform Trade Secrets Act which applies because Plaintiff alleges a trade secret

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misappropriation claim under California law – provides that courts “shall” take steps to treat as

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confidential an “alleged trade secret.” Thus, under the statute’s wording, the merits question of

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trade secrecy need not be adjudicated in order for an “alleged trade secret” to be sealed.
MOTION TO SEAL
CASE NO.: CV-12-3373 LHK-HRL

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For these reasons, Google respectfully requests leave to file the following portions of the

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two documents under seal. Pursuant to Civil Local Rule 7-11, Google sought and obtained a

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stipulation from Plaintiff regarding the sealing of these documents.

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Document
Discovery Dispute Joint Report #2

Page 5, lines 17-18 (all text in point (3)
after “such as”), 21 (all text after “such as”
through end of sentence), 22-24 (all text
after “the following:”, through end of
page)
Page 6, lines 1-2

Exhibit B to Joint Report

Page 3, ll. 16-27 (except numbers “1.” and
“2.”)
Page 4, ll. 1-7, 24-27 (except numbers “4.”
and “5.”)
Page 5, ll. 1-6 (except numbers “6.” and
“7.”)

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Portion to be Sealed

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Dated: October 11, 2013

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/s/ Colleen Bal
Colleen Bal
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
Attorneys for Defendants
Google Inc., YouTube, LLC, and Google UK Ltd.

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MOTION TO SEAL
CASE NO.: CV-12-3373 LHK-HRL

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