Synopsys, Inc. v. Mentor Graphics Corporation

Filing 349

ORDER ON ADMINISTRATIVE MOTION TO SEAL PORTIONS OF PLAINTIFF'S REPLY TO MOTION FOR SUMMARY JUDGMENT AND EXHIBITS THERETO; DIRECTIONS TO PLAINTIFF To the extent the administrative motion seeks to seal portions of Synopsys reply and certain portions of exhibit 47 to the Woo declaration, specifically, pages 100, 101 and 106, the administrative motion is granted, and said material may remain under seal. As to the remainder of exhibit 47, the motion is denied, and Synopsys is directed to file in the public record, no earlier than November 3, 2014, and no later than November 10, 2014, a version of exhibit 47 to the Woo declaration from which only pages 100, 101 and 106 have been redacted. As to exhibits 48-51 to the Woo declaration, the motion is denied, and Synopsys is directed to file in the public record, no earlier than November 3, 2014, and no later than November 10, 2014, exhibits 48-51 to the Woo declaration. Signed by Judge Maxine M. Chesney on October 29, 2014.

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

SYNOPSYS, INC.,

No. C 12-6467 MMC

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ORDER ON ADMINISTRATIVE MOTION
TO SEAL PORTIONS OF PLAINTIFF’S
REPLY TO MOTION FOR SUMMARY
JUDGMENT AND EXHIBITS THERETO;
DIRECTIONS TO PLAINTIFF

Plaintiff,
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v.
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MENTOR GRAPHICS CORPORATION,
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Defendant.
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Before the Court is the “Administrative Motion to File Under Seal Synopsys’ Reply in

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Support of Synopsys’ Omnibus Motion for Summary Judgment,” filed October 24, 2014, by

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plaintiff Synopsys, Inc. (“Synopsys”), pursuant to Civil Local Rule 79-5, by which Synopsys

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seeks to seal portions of Synopsys’ reply as well as the entirety of exhibits 47-51 to the

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supporting declaration of Philip W. Woo (“Woo declaration”). In a declaration submitted in

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support of the administrative motion, Synopsys asserts that the material sought to be

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sealed has been designated confidential in its entirety by defendant Mentor Graphics

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Corporation (“Mentor”) and, in addition, that certain portions of the material contain

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Synopsys’ confidential information. On October 8, 2014, Mentor filed its responsive

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declaration in support of sealing.

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“A sealing order may issue only upon a request that establishes that the document,

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or portions thereof, is privileged or protectable as a trade secret or otherwise entitled to

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protection under the law.” Civil L.R. 79-5(a). The request “must be narrowly tailored to
seek sealing only of sealable material.” See id., see also id. at 79-5(d)-(e) (providing,

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where party seeks to file under seal material designated confidential by another party, such

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party shall file motion for sealing order, after which designating party must file, within 4

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days, “declaration . . . establishing that all of the designated information is sealable”).

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To the extent the administrative motion seeks to seal portions of Synopsys’ reply

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and certain portions of exhibit 47 to the Woo declaration, specifically, pages 100, 101 and

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106, Synopsys has shown good cause for the relief requested. Accordingly, the

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administrative motion is GRANTED, and said material may remain under seal.

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As to the remainder of exhibit 47, which portions were not shown to be sealable by
Synopsys and were designated confidential solely by Mentor, no responsive declaration

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under Civil Local Rule 79-5(d) has been submitted by said designating party. Accordingly,

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to the extent Synopsys’ administrative motion seeks sealing of said remaining portions, the

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motion is DENIED, and Synopsys is DIRECTED to file in the public record, no earlier than

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November 3, 2014, and no later than November 10, 2014, a version of exhibit 47 to the

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Woo declaration from which only pages 100, 101 and 106 have been redacted.

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As to exhibits 48-51 to the Woo declaration, which exhibits were designated

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confidential solely by Mentor, no responsive declaration under Civil Local Rule 79-5(d) has

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been submitted by said designating party. Accordingly, to the extent Synopsys’

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administrative motion seeks sealing of said exhibits, the motion is DENIED, and Synopsys

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is DIRECTED to file in the public record, no earlier than November 3, 2014, and no later

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than November 10, 2014, exhibits 48-51 to the Woo declaration.

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IT IS SO ORDERED.

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Dated: October 29, 2014
MAXINE M. CHESNEY
United States District Judge

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