Aylus Networks, Inc. v. Apple Inc.
Filing
153
ORDER DENYING 145 Administrative Motion to File Under Seal WITHOUT PREJUDICE. Motion Hearing set for 8/20/2015 at 11:00 AM before Magistrate Judge Kandis A. Westmore. Lead trial counsel to meet and confer regarding potential amendments to Aylus' infringement contentions. Signed by Judge Kandis A. Westmore on 07/16/2015. (kawlc2, COURT STAFF) (Filed on 7/16/2015)
1
2
3
4
5
UNITED STATES DISTRICT COURT
6
NORTHERN DISTRICT OF CALIFORNIA
7
8
AYLUS NETWORKS, INC.,
Case No. 13-cv-04700-EMC (KAW)
Plaintiff,
9
v.
ORDER DENYING ADMINISTRATIVE
MOTION TO FILE UNDER SEAL
WITHOUT PREJUDICE
10
11
APPLE INC.,
United States District Court
Northern District of California
Defendant.
Re: Dkt. No. 145
12
Aylus moves to file documents relating to its motion for leave to amend its infringement
13
14
contentions under seal. (Pl.'s Mot., Dkt. No. 145.) It brings the motion solely because the
15
documents contain material that Apple has designated "Highly Confidential – Attorneys' Eyes
16
Only" pursuant to the stipulated protective order entered in this case. (Id. at 1.) Apple has filed a
17
supporting declaration as required by Civil Local Rule 79-5(e).
The motion is DENIED WITHOUT PREJUDICE because it is not "narrowly tailored to
18
19
seek sealing only of sealable material." See Civil L.R. 79-5(b). Aylus seeks to seal several
20
exhibits in their entirety, and while Apple has designated the exhibits "Highly Confidential –
21
Attorneys' Eyes Only," it has not established that those exhibits should be sealed in their entirety.
22
For example, among the material the parties seek to file under seal are screen shots that appear
23
similar, if not identical, to those that typically appear on Apple's website, boilerplate objections to
24
interrogatories, and publicly-available claim language.
25
///
26
///
27
///
28
///
1
For these reasons, Aylus' motion to file under seal is DENIED WITHOUT PREJUDICE.
2
Aylus may file a renewed motion only after meeting and conferring with Apple to ensure that any
3
subsequent motion is narrowly tailored to seek sealing only of sealable material. Any such motion
4
must be filed by no later than July 23, 2015. Given that Aylus' counsel will be out of the country
5
from July 22 through August 6, the Court will hear the motion on August 20, 2015, not September
6
3, 2015. In the meantime, lead trial counsel are ordered to meet and confer in an effort to reach a
7
compromise regarding potential amendments to Aylus' infringement contentions.
8
9
IT IS SO ORDERED.
Dated: 07/16/2015
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge
10
United States District Court
Northern District of California
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?