Synopsys, Inc. v. Atoptech, Inc
Filing
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ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO FILE UNDER SEAL PORTIONS OF ITS REPLY BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT (DOC. NO. 462); DIRECTIONS TO PLAINTIFF. Signed by Judge Maxine M. Chesney on March 14, 2016. (mmclc2, COURT STAFF) (Filed on 3/14/2016)
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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
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SYNOPSYS, INC.,
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No. C-13-2965 MMC
Plaintiff,
v.
ATOPTECH, INC.,
Defendant.
/
ORDER GRANTING IN PART AND
DENYING IN PART PLAINTIFF’S
MOTION TO FILE UNDER SEAL
PORTIONS OF ITS REPLY BRIEF IN
SUPPORT OF MOTION FOR SUMMARY
JUDGMENT (DOC. NO. 462);
DIRECTIONS TO PLAINTIFF
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Before the Court is plaintiff Synopsys, Inc.’s (“Synopsys”) administrative motion to
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seal (Doc. No. 462), filed November 20, 2015, by which Synopsys seeks permission to seal
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portions of its reply brief in support of its Motion for Summary Judgment. Part of that
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material has been designated confidential by Synopsys, whereas other parts have been
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designated confidential by defendant ATopTech, Inc. (“ATopTech”).
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Concurrently with the instant motion, Synopsys filed a declaration in support of
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sealing its confidential material . See Civil L. R. 79-5(d) (providing motion to file document
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under seal must be “accompanied by . . . [a] declaration establishing that the document
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sought to be filed under seal, or portions thereof, are sealable”). Pursuant to the Local
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Rules of this district, ATopTech was required to file by November 24, 2015, a responsive
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declaration in support of sealing the material it has designated as confidential. See Civil
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L.R. 79-5(d)-(e) (providing, where party seeks to file under seal material designated
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confidential by another party, designating party must file, within four days, “a declaration . .
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. establishing that all of the designated information is sealable”). To date, no such
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declaration has been filed. Having read and considered the administrative motion and
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Synopsys’s declaration, the Court rules as follows.
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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
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seek sealing only of sealable material.” Id.
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To the extent the administrative motion seeks permission to seal Synopsys’s
confidential information in the reply brief, specifically, lines seventeen and nineteen on
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page eleven, the Court finds good cause has been shown, and, accordingly, the motion is
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hereby GRANTED.
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To the extent the administrative motion seeks permission to seal the portions of the
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reply brief designated confidential by ATopTech, the motion is hereby DENIED, as
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ATopTech has not shown such material is confidential. Synopsys is hereby DIRECTED to
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file in the public record, no later than March 25, 2016, a version of the reply brief in which
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only lines seventeen and nineteen on page eleven are redacted.
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IT IS SO ORDERED.
Dated: March 14, 2016
MAXINE M. CHESNEY
United States District Judge
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