Synopsys, Inc. v. Mentor Graphics Corporation

Filing 329

ORDER ON ADMINISTRATIVE MOTION TO SEAL PORTIONS OF PLAINTIFF'S OPPOSITION TO MOTION TO STRIKE AND EXHIBITS THERETO; DIRECTIONS TO PARTIES To the extent the administrative motion seeks to seal portions of Synopsys opposition and the entire ty of exhibits D, E, F, L, M, O, P, R, and W to the Woo declaration, the administrative motion is granted, and Synopsys opposition and said exhibits thereto may remain under seal. As to exhibits G, N, T, and V to the Woo declaration, the motion is de nied, and Synopsys is directed to file in the public record, no earlier than October 27, 2014, and no later than November 3, 2014, exhibits G, N, T, and V to the Woo declaration. The Court defers ruling on exhibit S pending Mentors filing, no later than October 31, 2014, a supplemental response that provides for said exhibit a redacted version limiting the amount of material sought to be sealed. Signed by Judge Maxine M. Chesney on October 22, 2014. (mmclc2, COURT STAFF) (Filed on 10/22/2014)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 For the Northern District of California United States District Court 9 SYNOPSYS, INC., No. C 12-6467 MMC 10 ORDER ON ADMINISTRATIVE MOTION TO SEAL PORTIONS OF PLAINTIFF’S OPPOSITION TO MOTION TO STRIKE AND EXHIBITS THERETO; DIRECTIONS TO PARTIES Plaintiff, 11 v. 12 MENTOR GRAPHICS CORPORATION, 13 Defendant. 14 / 15 16 Before the Court is “Synopsys’ Administrative Motion to File Under Seal Opposition 17 to Mentor’s Motion to Strike and Exclude Blanton Opinions,” filed October 17, 2014, by 18 plaintiff Synopsys, Inc. (“Synopsys”), pursuant to Civil Local Rule 79-5. Having read and 19 considered the administrative motion and declarations filed in support thereof, the Court 20 hereby rules as follows. 21 “A sealing order may issue only upon a request that establishes that the document, 22 or portions thereof, is privileged or protectable as a trade secret or otherwise entitled to 23 protection under the law.” Civil L.R. 79-5(a). “The request must be narrowly tailored to 24 seek sealing only of sealable material.” Id. 25 By the instant motion, Synopsys seeks to seal portions of Synopsys’ opposition, and 26 the entirety of exhibits D-G, L-P, R-T, V, and W to the declaration of Philip W. Woo (“Woo 27 declaration”) in support thereof. Various portions of said material have been designated 28 confidential by Synopsys and other portions of said material have been designated confidential by defendant Mentor Graphics Corporation (“Mentor”). See Civil L.R. 79-5(d)- 1 (e) (providing, where party seeks to file under seal material designated confidential by 2 another party, such party shall file motion for sealing order, after which designating party 3 must file, within 4 days, “declaration . . . establishing that all of the designated information 4 is sealable”). On October 21, 2014, Mentor filed its responsive declaration in support of 5 sealing. See id. 6 To the extent the administrative motion seeks to seal portions of Synopsys’ 7 opposition and the entirety of exhibits D, E, F, L, M, O, P, R, and W to the Woo declaration, 8 the administrative motion is GRANTED, and Synopsys’ opposition and said exhibits thereto 9 may remain under seal. 10 As to exhibits G, N, T, and V to the Woo declaration, all of which were designated 11 confidential by Mentor, no responsive declaration under Civil Local Rule 79-5(d) has been 12 submitted by said designating party. Accordingly, to the extent Synopsys’ administrative 13 motion seeks sealing of said exhibits, the motion is DENIED, and Synopsys is DIRECTED 14 to file in the public record, no earlier than October 27, 2014, and no later than November 3, 15 2014, exhibits G, N, T, and V to the Woo declaration. 16 Lastly, exhibit S to the Woo declaration, contrary to Mentor’s assertion that the 17 entirety of the document is sealable, appears to contain substantial amounts of non- 18 sealable material. In lieu of denial, the Court DEFERS ruling on exhibit S pending Mentor’s 19 filing, no later than October 31, 2014, a supplemental response that provides for said 20 exhibit a redacted version limiting the amount of material sought to be sealed. Pending the 21 Court’s ruling on the supplemental response, said exhibit will remain under seal. 22 IT IS SO ORDERED. 23 24 Dated: October 22, 2014 MAXINE M. CHESNEY United States District Judge 25 26 27 28 2

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