Symantec Corporation v. Acronis, Inc. et al

Filing 69

ORDER RE SYMANTEC'S ADMINISTRATIVE MOTION TO FILE UNDER SEAL [DOCKET NO. 58]; ORDER GRANTING STIPULATION TO FILE UNDER SEAL [DOCKET NO. 67]. 58 67 (Illston, Susan) (Filed on 1/31/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. C 12-05331 SI

SYMANTEC CORP.,

ORDER RE SYMANTEC’S
ADMINISTRATIVE MOTION TO FILE
UNDER SEAL [DOCKET NO. 58];
ORDER GRANTING STIPULATION TO
FILE UNDER SEAL [DOCKET NO. 67].

Plaintiff,
v.
ACRONIS, INC., et al.,
Defendants.

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Currently before the Court are Symantec’s Administrative Motion to File Under Seal [Docket
No. 58] and the Acronis Parties’ stipulation to file under seal [Docket No. 67].

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Have considered the Declaration of Olga I. May in support of Symantec’s Administrative

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Motion, the Court finds that Ms. May has failed to establish good cause for sealing the Acronis

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information contained in Symantec’s Exhibit 1 and Exhibit 7. Ms. May asserts – without any

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explanation – that disclosure of information in these exhibits is “likely to cause the Acronis Parties a

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competitive injury.” That is insufficient. Ms. May does not explain, for example, how disclosure of

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the Acronis Parties’ corporate and organizational structure in Exhibit 1 could lead to any specific type

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of competitive injury. For each type of information at issue – e.g., corporate and organizational

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structure, business relationships between Acronis entities, unspecified “business practices” and the

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employment status of one Acronis employee – Acronis must explain why disclosure of the information

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could cause a specific type of competitive harm.

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With respect to Exhibit 2, the Court finds that good cause to seal a confidential software license

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agreement has been demonstrated, because disclosure could likely cause harm to Acronis’ competitive

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advantage.

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Within five days of the date of this Order a representative of one of the Acronis Parties – not

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their counsel – shall submit a supplemental declaration providing the specific information justifying the

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proposed sealing. After receiving the supplemental declaration, the Court will issue a final order

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regarding what information may be filed under seal in conjunction with Symantec’s Reply and

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supporting exhibits.
Turning to the stipulation to file under seal portions of the Acronis’ Reply in support of its

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United States District Court
For the Northern District of California

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motion to dismiss, because the information sought to be sealed has already been sealed by Order of this

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Court [Docket No. 53], the Acronis Reply may be filed under seal. The Acronis Parties shall e-file

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under seal a copy of their unredacted Reply within five days of the date of this Order.

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IT IS SO ORDERED.

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Dated: January 31, 2013
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SUSAN ILLSTON
UNITED STATES DISTRICT JUDGE

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