IYM Technologies LLC v. Advanced Micro Devices, Inc.

Filing 14

ORDER by Judge Sallie Kim Reserving Ruling on 4 Administrative Motion to File Under Seal; Granting 13 Motion to Amend/Correct ;. (sklc1S, COURT STAFF) (Filed on 1/2/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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IYM TECHNOLOGIES LLC
Plaintiff,

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Case No. 3:17-mc-80167-SK

v.

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ADVANCED MICRO DEVICES, INC.

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Defendant.

ORDER GRANTING JOINT MOTION
REGARDING BRIEFING SCHEDULE
AND RESERVING RULING ON MOTION
TO SEAL
Regarding Docket Nos. 1, 4

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Hearing Date: TBD

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Hearing time: TBD

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Judge:

Sallie Kim

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The Court HEREBY GRANTS the stipulation to amend the briefing schedule on the

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pending motion to compel. Synopsys, Inc. (“Synopsys”) shall file its response by no later than

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January 12, 2018. IYM Technologies LLC (“IYM”) shall file its reply, if any, by no later than

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January 19, 2018. The Court will schedule a hearing if necessary

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IYM filed a motion to seal portions of its motion to compel and the supporting

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documents. IYM seeks to seal documents that have been designated as confidential by

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Synopsys, the defendant in the action before this Court, and by Advanced Micro Devices, Inc.,

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the defendant in the action pending in Delaware. Because IYM is relying Sysopsis’s and AMD’s
ORDER GRANTING JOINT MOTION
TO AMEND THE BRIEFING SCHEDULE ON MOTION TO COMPEL
CASE NO. 3:17-mc-80167-SK

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designations, Sysopsis and AMD have an obligation pursuant to Northern District Local Civil

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Rule 79-5(e) to file a declaration to establish that the information is sealable.

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The Court notes that, as a public forum, the Court may only entertain requests to seal that

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establish good cause and are narrowly tailored to seal only the particular information that is

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genuinely privileged or protectable as a trade secret or otherwise has a compelling need for

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confidentiality. See Northern District Civil L.R. 79-5(b) & cmt. Parties seeking to file

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documents, or portions thereof, under seal must file a declaration to establish that “the document

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sought to be filed under seal, or portions thereof, are sealable. Reference to a stipulation or

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protective order that allows a party to designate certain documents as confidential is not

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sufficient to establish that a document, or portions thereof, are sealable.” Northern District Civil

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L.R. 79-5(d)(1)(A); see also See Kamakana v. City & County of Honolulu, 447 F.3d 1172, 1178-

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81 (9th Cir. 2006) (“Those who seek to maintain the secrecy of documents ... must meet the high

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threshold of showing that ‘compelling reasons’ support secrecy.”).

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The Court will RESERVE RULING on IYM’s motion to seal pending receipt of

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Sysopsis’s and AMD’s declarations. Sysopsis and AMD shall file the required declarations by

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no later than January 9, 2018. If Sysopsis and AMD fail to file the required declarations by this

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date, the Court will deny the motion to seal without any further notice. IYM shall serve a copy

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of its motion to seal and this Order on AMD by no later than January 4, 2018 and file a proof of

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service by no later than January 4, 2018.

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IT IS SO ORDERED.

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Dated: January 2, 2018
SALLIE KIM
UNITED STATES MAGISTRATE JUDGE

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ORDER GRANTING JOINT MOTION
TO AMEND THE BRIEFING SCHEDULE ON MOTION TO COMPEL
CASE NO. 3:17-mc-80167-SK