Illumina, Inc. v. Ariosa Diagnostics, Inc.

Filing 39

ORDER GRANTING THE PARTIES' MOTIONS TO SEAL 35 38 (Illston, Susan) (Filed on 8/4/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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No. C 14-01921 SI

ILLUMINA, INC.,

ORDER GRANTING THE PARTIES’
MOTIONS TO SEAL

Plaintiff,
v.
ARIOSA DIAGNOSTICS, INC.,
Defendant.

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On June 30, 2014, Illumina filed a motion to dismiss Ariosa’s counterclaims and to strike

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defenses. Docket No. 31. On July 14, 2014, Ariosa filed an opposition to Illumina’s motion. Docket

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No. 35-4. Along with its opposition, Ariosa filed a motion to file under seal portions of its opposition.

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Docket No. 35. On July 21, 2014, Illumina filed its reply in support of its motion. Docket No. 38-4.

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Along with its reply, Illumina filed a motion to seal portions of its reply brief and portions of exhibit

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5 filed in support of the reply brief. Docket No. 38.

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With the exception of a narrow range of documents that are “traditionally kept secret,” courts

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begin their sealing analysis with “a strong presumption in favor of access.” Foltz v. State Farm Mut.

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Auto. Ins., 331 F.3d 1122, 1135 (9th Cir. 2003). When applying to file documents under seal in

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connection with a dispositive motion, the submitting party bears the burden of “articulating compelling

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reasons supported by specific factual findings that outweigh the general history of access and the public

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policies favoring disclosure, such as the public interest in understanding the judicial process.”
Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1178-79 (9th Cir. 2006) (internal quotations

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and citations omitted). However, when a party seeks to seal documents attached to a non-dispositive

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motion, a showing of “good cause” under Federal Rule of Civil Procedure 26(c) is sufficient. Id. at

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1179-80; see also Fed. R. Civ. P. 26(c). In addition, all requests to file under seal must be “narrowly

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tailored,” such that only sealable information is sought to be redacted from public access. N.D. Cal.

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Civil Local Rule 79-5(b). Because a motion to dismiss is a dispositive motion, the “compelling reasons”

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standard applies.
In its motion to seal, Ariosa moves to seal portions of its opposition. Docket No. 35. In its

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motion to seal, Illumina moves to seal portions of its reply brief and portions of exhibit 5 to the

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declaration of Derek Walter. Docket No. 38. In supporting declarations, Illumina explains that the

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United States District Court
For the Northern District of California

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portions of Ariosa’s opposition and the portions of Illumina’s reply at issue relate to an agreement

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between Ariosa and Illumina and include specifics regarding the terms of the agreement, and Exhibit

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5 to the Walter declaration is a copy of the agreement. Docket No. 37, Walter Decl. ¶ 1; Docket No.

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38-1, Walter Decl. ¶¶ 1-2. The agreement contains a confidentiality provision stating that the

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agreement, including its terms and conditions, is confidential. Docket No. 37, Walter Decl. ¶ 1; Docket

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No. 38-1, Walter Decl. ¶ 3. Illumina explains that the portions of the documents at issue disclose

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confidential and sensitive information regarding the scope of covered goods , the scope of the field of

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use, the scope of intellectually property rights granted, the scope of the parties’ agreement to arbitrate

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disputes, the parties’ obligations, the parties’ liabilities, pricing and/or fees, representations and

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warranties by the parties, potential adjustments to the terms, regulatory approval protocols, restrictions

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on either party, deadlines, or termination provisions under the agreement. Docket No. 37, Walter Decl.

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¶¶ 5-6; Docket No. 38-1, Walter Decl. ¶¶ 4-5. Illumina argues that public disclosure of this information

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could cause it competitive harm because it could be misused by potential customers and/or competitors

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in negotiations with Illumina or other suppliers. Docket No. 37, Walter Decl. ¶¶ 5-6; Docket No. 38-1,

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Walter Decl. ¶ 6.

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After reviewing the declarations and the relevant portions of the documents, the Court concludes

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that Illumina has sufficiently articulated compelling reasons for sealing the requested portions of the

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documents. In addition, the Court has previously found that this information is sealable under the

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“compelling reasons” standard. Docket Nos. 29, 32.
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In addition, Illumina’s requests to seal are

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narrowly tailored because Illumina seeks to redact only the sealable information from the documents,

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and the parties have attached properly redacted versions of the documents to their motions to seal.

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Accordingly, the Court GRANTS the parties’ motions to seal. Docket Nos. 35, 38.

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IT IS SO ORDERED.

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Dated: August 4, 2014
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SUSAN ILLSTON
United States District Judge

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United States District Court
For the Northern District of California

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