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)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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AYLUS NETWORKS, INC.,

Case No. 13-cv-04700-EMC (KAW)

Plaintiff,
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v.

ORDER DENYING ADMINISTRATIVE
MOTION TO FILE UNDER SEAL
WITHOUT PREJUDICE

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APPLE INC.,

United States District Court
Northern District of California

Defendant.

Re: Dkt. No. 145

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Aylus moves to file documents relating to its motion for leave to amend its infringement

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contentions under seal. (Pl.'s Mot., Dkt. No. 145.) It brings the motion solely because the

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documents contain material that Apple has designated "Highly Confidential – Attorneys' Eyes

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Only" pursuant to the stipulated protective order entered in this case. (Id. at 1.) Apple has filed a

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supporting declaration as required by Civil Local Rule 79-5(e).
The motion is DENIED WITHOUT PREJUDICE because it is not "narrowly tailored to

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seek sealing only of sealable material." See Civil L.R. 79-5(b). Aylus seeks to seal several

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exhibits in their entirety, and while Apple has designated the exhibits "Highly Confidential –

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Attorneys' Eyes Only," it has not established that those exhibits should be sealed in their entirety.

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For example, among the material the parties seek to file under seal are screen shots that appear

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similar, if not identical, to those that typically appear on Apple's website, boilerplate objections to

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interrogatories, and publicly-available claim language.

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For these reasons, Aylus' motion to file under seal is DENIED WITHOUT PREJUDICE.

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Aylus may file a renewed motion only after meeting and conferring with Apple to ensure that any

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subsequent motion is narrowly tailored to seek sealing only of sealable material. Any such motion

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must be filed by no later than July 23, 2015. Given that Aylus' counsel will be out of the country

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from July 22 through August 6, the Court will hear the motion on August 20, 2015, not September

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3, 2015. In the meantime, lead trial counsel are ordered to meet and confer in an effort to reach a

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compromise regarding potential amendments to Aylus' infringement contentions.

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IT IS SO ORDERED.
Dated: 07/16/2015
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KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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