Karl Storz Endoscopy-America, Inc. v. Stryker Corporation et al

Filing 272

ORDER by Magistrate Judge Jacqueline Scott Corley granting 261 Administrative Motion to File Under Seal. (ahm, COURT STAFF) (Filed on 6/29/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KARL STORZ ENDOSCOPY-AMERICA,
INC.,

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United States District Court
Northern District of California

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Plaintiff,
v.

Case No.14-cv-00876-RS (JSC)
ORDER GRANTING MOTION TO FILE
UNDER SEAL
Re: Dkt. No. 261

STRYKER CORPORATION, et al.,
Defendants.

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Plaintiff Kark Stroz-Endoscopy America, Inc. filed an administrative motion to file under
seal Exhibits A and B to a Joint Discovery Letter Brief. (Dkt. No. 261.)
The Ninth Circuit uses the “good cause” test for documents that a party obtained through
discovery and attached to a non-dispositive motion. Kamakana v. City and County of Honolulu,
447 F.3d 1172, 1179 (2006). Under Civil Local Rule 79–5(b) a party designating material as

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confidential “must file a declaration as required by subsection 79–5(d)(1)(A) establishing that all

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of the designated material is sealable.” Id. § 79–5(e)(1). “The work product doctrine, codified

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in Federal Rule of Civil Procedure 26(b)(3), protects ‘from discovery documents and tangible

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things prepared by a party or his representative in anticipation of litigation.’ ” In re Grand Jury

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Subpoena, 357 F.3d 900, 906 (9th Cir. 2004).
Plaintiff argues that the documents are confidential. The Court has reviewed Exhibits A
and B in camera. Exhibit A, a legal analysis of whether Defendants’ camera infringes on a
number of patents, is attorney work product. At the hearing held on June 23, 2017, the parties
informed the Court that Exhibit B was a report prepared for attorneys. Therefore Exhibit B is an
attorney-client privileged communication.

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As a result, the Court concludes Exhibits A and B are attorney work product and grants
Plaintiff’s motion to file under seal.
This Order disposes of Docket No. 261.

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IT IS SO ORDERED.
Dated: June 28, 2017

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JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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United States District Court
Northern District of California

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