Synopsys, Inc. v. Atoptech, Inc

Filing 740

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO FILE UNDER SEAL (1) PORTIONS OF ITS MOTION FOR PERMANENT INJUNCTION AND (2) CERTAIN SUPPORTING DECLARATIONS AND EXHIBITS; DIRECTIONS TO PLAINTIFF. Signed by Judge Maxine M. Chesney on May 16, 2016. (mmclc2, COURT STAFF) (Filed on 5/16/2016)

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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.

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ORDER GRANTING IN PART AND
DENYING IN PART PLAINTIFF’S
MOTION TO FILE UNDER SEAL (1)
PORTIONS OF ITS MOTION FOR
PERMANENT INJUNCTION AND (2)
CERTAIN SUPPORTING
DECLARATIONS AND EXHIBITS;
DIRECTIONS TO PLAINTIFF

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Before the Court is plaintiff Synopsys, Inc.’s (“Synopsys”) Administrative Motion to
Seal, filed April 7, 2016, by which Synopsys seeks permission to seal the following
material: (a) the entirety of the “Declaration of Dr. David T. Blaauw in Support of
Synopsys’s, Inc.’s Motion for Permanent Injunction and for Disposition of Infringing Copies
and Means” (“Blaauw Declaration”), as well as Exhibits 2 - 5 thereto; (b) the entirety of the
“Declaration of James A. Storer in Support of Synopsys, Inc.’s Motion for Permanent
Injunction and for Disposition of Infringing Copies and Means” (“Storer Declaration”), as
well as Exhibits 2 - 5 thereto; (c) Exhibits 4 - 6 to the “Declaration of Patrick T. Michael in
Support of Plaintiff Synopsys, Inc.’s Motion for Permanent Injunction and for Disposition of
Infringing Copies and Means” (“Michael Declaration”); and (d) certain portions of
Synopsys’s Motion for Permanent Injunction. The Blaauw and Storer Declarations, as well
as Exhibit 3 to each said declaration, have been designated confidential by both parties.
Portions of the Motion for Permanent Injunction; Exhibits 2, 4, and 5 to the Blaauw

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Declaration; Exhibits 2, 4, and 5 to the Storer Declaration; and Exhibits 4 - 6 to the Michael

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Declaration have been 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, no later than April 11, 2016, a

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responsive declaration in support of sealing the material it had designated. See Civil L.R.

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79-5(d)-(e) (providing, where party seeks to file under seal material designated confidential

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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 the entirety of

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Exhibit 3 to the Blaauw Declaration and Exhibit 3 to the Storer Declaration, as well as those

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portions of the Blaauw and Storer Declarations containing material designated confidential

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by Synopsys, 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 remainder of

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the Blaauw and Storer Declarations, portions of the Motion for Permanent Injunction, the

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entirety of Exhibits 2, 4, and 5 to the Blaauw Declaration, the entirety of Exhibits 2, 4, and 5

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to the Storer Declaration, and the entirety of Exhibits 4 - 6 to the Michael Declaration, the

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motion is hereby DENIED, as ATopTech has not shown such material is sealable.

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Synopsys is hereby DIRECTED to file in the public record, no earlier than May 23, 2016,
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and no later than May 27, 2016, unredacted versions of said exhibits, an unredacted

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version of the Motion for Permanent Injunction, and versions of the Blaauw and Storer

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Declarations in which only Synopsys’s confidential material is redacted.

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IT IS SO ORDERED.
Dated: May 16, 2016
MAXINE M. CHESNEY
United States District Judge

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