RAH Color Technologies LLC v. Adobe Systems Inc

Filing 108

ORDER RE: ADOBE INC.'S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL (Illston, Susan) (Filed on 10/13/2020)

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Case 3:18-cv-03277-SI Document 108 Filed 10/13/20 Page 1 of 2 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 8 9 10 United States District Court Northern District of California 11 In re: RAH COLOR TECHNOLOGIES LLC PATENT LITIGATION, Case No. 18-md-02874-SI Case No. 3:18-cv-03277- SI (Dkt. No. 103) ORDER RE: ADOBE INC.'S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL Re: Dkt. No. 126 12 13 Adobe Inc. has filed an administrative motion to seal six exhibits to the Declaration of Wing 14 H. Liang in Support of Adobe’s Motion to Amend its Invalidity Contentions. Counsel for Adobe 15 and Dalim filed a declaration in support of sealing Exhibits L, S and R, stating that those exhibits 16 contain citations to source code produced by Adobe and Dalim. 17 administrative motion to seal the highlighted portions of Exhibits L, S and R. The Court GRANTS the 18 The administrative motion also seeks to file under seal portions of Exhibits M, T and U, 19 which contain, discuss or otherwise include information that third-party Apple, Inc. has designated 20 as “confidential,” “highly confidential – attorneys’ eyes only,” or “highly confidential – source 21 code.” Apple Inc. has not filed a declaration in support of sealing the material at issue, as is required 22 by Civil Local Rule 79-5(e). The proof of service reflects that the administrative motion to seal was 23 served on counsel for Apple. Dkt. No. 126-3. However, based upon the Court’s review, at least 24 some of the designated material appears to be sealable (such as citations to source code). 25 Accordingly, the Court will afford a further opportunity for Apple to file a declaration in 26 support of sealing. Apple may file a declaration pursuant to Civil Local Rule 79-5(e) no later than 27 October 19, 2020. If Apple does not file a declaration by that date, the Court will deny the motion 28 to seal Exhibits M, T and U, and Adobe shall file those exhibits in the public record. Case 3:18-cv-03277-SI Document 108 Filed 10/13/20 Page 2 of 2 1 The Court directs counsel for Adobe and Dalim to serve this order on Apple’s counsel. 2 3 IT IS SO ORDERED. 4 5 6 Dated: October 13, 2020 ______________________________________ SUSAN ILLSTON United States District Judge 7 8 9 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

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