Google Inc. v. Netlist, Inc.

Filing 120

MOTION to Seal Portions re 117 Memorandum in Opposition to Motion for Leave to Amend Infringement Contentions [Corrected] filed by Google Inc.. (Ezgar, Geoffrey) (Filed on 4/14/2010) Modified on 4/15/2010 (jlm, COURT STAFF). Modified on 4/15/2010 (jlm, COURT STAFF).

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TIMOTHY T. SCOTT (SBN 126971/[e-mail]) GEOFFREY M. EZGAR (SBN 184243/ [e-mail]) LEO SPOONER III (SBN 241541/[e-mail]) KING & SPALDING LLP 333 Twin Dolphin Drive, Suite 400 Redwood Shores, CA 94065 Telephone: [phone] Facsimile: [phone] SCOTT T. WEINGAERTNER (pro hac vice/[e-mail]) ROBERT F. PERRY ([e-mail]) ALLISON ALTERSOHN (pro hac vice/[e-mail]) DANIEL MILLER (pro hac vice/[e-mail]) SUSAN KIM (pro hac vice/[e-mail]) MARK H. FRANCIS (pro hac vice/[e-mail]) KING & SPALDING LLP 1185 Avenue of the Americas New York, NY 10036-4003 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff GOOGLE INC. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION GOOGLE INC. Plaintiff, v. NETLIST, INC., Defendant. [CORRECTED] GOOGLE INC.'S ADMINISTRATIVE MOTION TO FILE A PORTION OF ITS OPPOSITION TO NETLIST'S MOTION FOR LEAVE TO AMEND INFRINGEMENT CONTENTIONS, AND CERTAIN EXHIBITS TO THE DECLARATION OF ALLISON ALTERSOHN, UNDER SEAL Case No. 08-04144 SBA [Related to Case No: C09-05718 SBA]

[CORRECTED] GOOGLE INC.'S ADMINISTRATIVE MOTION TO FILE UNDER SEAL Case No. C 08-04144 SBA [Related to Case No: C09-05718 SBA

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APPLICATION TO FILE UNDER SEAL Pursuant to Civil Local Rules 7-11 and 79-5, Plaintiff Google Inc. ("Google") hereby requests (i) Plaintiff's Opposition to Defendant Netlist Inc.'s Motion for Leave to Amend Infringement Contentions (Patent L.R. 3-1 and 3-6), and (ii) the Confidential and Confidential Attorneys' Eyes Only Exhibits 1-4, 8-10, and 12 to the Declaration of Allison Altersohn In Support of Google Inc.'s Opposition to Defendant Netlist Inc.'s Motion for Leave to Amend Infringement Contentions (Patent L.R. 3-1 and 3-6) ("the Altersohn Declaration"), be placed under seal. This request is based on this application, the Declaration of Leo Spooner, III, in support thereof, and such oral argument as the Court may entertain. As required by the Civil Local Rule 79-59(c), the following additional papers are being lodged with the Court: (1) redacted copies of said papers; and the following shall papers be lodged with the Court: (2) a Chamber's copy of said papers containing the sealable portions of the document. A party may be permitted to file court documents under seal to protect confidential and trade secret information. See, eg., Johnson Controls, Inc. v. Phoenix control Sys., Inc. 886 F.2d 1173, 1176 (9th Cir. 1988); Hope X-Ray Prods., Inc. v. Marron Caarrel, Inc., 674 F.2d 1336, 1343 (9th Cir. 1982). Plaintiff's Opposition to Defendant Netlist Inc.'s Motion for Leave to Amend Infringement Contentions (Patent L.R. 3-1 and 3-6) contains (i) excerpts of testimony and references to company-internal communications relating to the technology as issue in this litigation and designated as CONFIDENTIAL or CONFIDENTIAL ATTORNEYS' EYES ONLY by Netlist pursuant to the Protective Order entered in this action (Dkt. No. 25, April 27, 2009) ("the Protective Order"); and (ii) references to company-internal communications relating to technology alleged to be at issue in this litigation and designated as CONFIDENTIAL ATTORNEYS' EYES ONLY by Google pursuant to the Protective Order. See Spooner Decl. ¶ 2. The deposition transcript excerpted at Exhibit 1 to the Altersohn Declaration contains testimony relating to confidential communications concerning the technology at issue in this 2
[CORRECTED] GOOGLE INC.'S ADMINISTRATIVE MOTION TO FILE UNDER SEAL) Case No. C 08-04144 SBA [Related to Case No: C09-05718 SBA]

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litigation and is designated as CONFIDENTIAL material by Netlist pursuant to the Protective Order". See Spooner Decl. ¶ 3. The document at Exhibit 2 to the Altersohn Declaration contains company-internal communications relating to the technology at issue in this litigation and is designated as CONFIDENTIAL material by Netlist pursuant to the Protective Order. See Spooner Decl. ¶ 4. The deposition transcript excerpted at Exhibit 3 to the Altersohn Declaration contains testimony relating to confidential communications concerning the technology at issue in this litigation that is designated as CONFIDENTIAL ATTORNEYS' EYES ONLY material by Netlist pursuant to the Protective Order. See Spooner Decl. ¶ 5. The document at Exhibit 4 to the Altersohn Declaration contains company-internal communications relating to the technology at issue in this litigation and that is designated CONFIDENTIAL ATTORNEYS' EYES ONLY material by Netlist pursuant to the Protective Order. See Spooner Decl. ¶ 6. The document at Exhibit 8 to the Altersohn Declaration contains company-internal communications relating to the technology alleged to be at issue in this litigation and that is designated CONFIDENTIAL ATTORNEYS' EYES ONLY material by Google pursuant to the Protective Order. See Spooner Decl. ¶ 7. The document at Exhibit 9 to the Altersohn Declaration contains company-internal communications relating to the technology alleged to be at issue in this litigation and that is designated CONFIDENTIAL ATTORNEYS' EYES ONLY material by Google pursuant to the Protective Order. See Spooner Decl. ¶ 8. The document at Exhibit 10 to the Altersohn Declaration contains company-internal communications relating to the technology alleged to be at issue in this litigation and that is designated CONFIDENTIAL ATTORNEYS' EYES ONLY material by Google pursuant to the Protective Order. See Spooner Decl. ¶ 9. The deposition transcript excerpted at Exhibit 10 to the Altersohn Declaration contains testimony relating to confidential communications concerning the technology at issue in this 3
[CORRECTED] GOOGLE INC.'S ADMINISTRATIVE MOTION TO FILE UNDER SEAL) Case No. C 08-04144 SBA [Related to Case No: C09-05718 SBA]

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litigation that is designated as CONFIDENTIAL material by Netlist pursuant to the Protective Order. See Spooner Decl. ¶ 10. Therefore, Google respectfully requests that the Court grant its application to file the foregoing document under seal.

DATED: April 14, 2010

KING & SPALDING LLP

By: /s/ Leo Spooner III___________ Leo Spooner III Attorneys for Plaintiff GOOGLE INC.

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[CORRECTED] GOOGLE INC.'S ADMINISTRATIVE MOTION TO FILE UNDER SEAL) Case No. C 08-04144 SBA [Related to Case No: C09-05718 SBA]