Google Inc. v. Netlist, Inc.

Filing 144

First Administrative Motion to File Under Seal Motion for Summary Judgment of Invalidity and Related Exhibits filed by Google Inc.. Motion Hearing set for 7/27/2010 01:00 PM in Courtroom 3, 3rd Floor, Oakland. (Attachments: # 1 Declaration in Support of Motion to Seal, # 2 Proposed Order)(Ezgar, Geoffrey) (Filed on 6/18/2010)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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]) SUSAN KIM (pro hac vice/[e-mail]) DANIEL MILLER (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. Civil Action No. C08 04144 SBA [Related to Civil Action No. C09-05718 SBA] GOOGLE INC.'S ADMINISTRATIVE MOTION TO FILE GOOGLE INC.'S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OF INVALIDITY AND RELATED EXHIBITS UNDER SEAL Date: Time: Place: Judge: July 27, 2010 1:00pm Courtroom 3 Hon. Saundra Brown Armstrong

GOOGLE'S ADMIN. MOTION TO FILE DOCUMENTS RE: MSJ INVALIDITY UNDER SEAL--C-08-04144 SBA

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

ADMINISTRATIVE MOTION TO FILE UNDER SEAL Pursuant to General Order No. 62 and Civil Local Rules 7-11 and 79-5, Plaintiff and Counterdefendant Google Inc. hereby requests that the Court file Google Inc.'s Notice of Motion and Motion for Summary Judgment of Invalidity ("Google's Invalidity Motion") and Exhibits B and C to the Declaration of Scott T. Weingaertner ("Weingaertner Decl.") in support thereof under seal. This request is based on this administrative motion, the Weingaertner Decl. in support thereof, and such oral argument as the Court may entertain. As required by Civil Local Rules 795(b)-(d) and General Order No. 62, the following papers are also being lodged with the Court: (1) a Chamber's copy of the Google's Invalidity Motion, and (2) a Chamber's copy of the Weingaertner Decl and Exhibits thereto. Paragraph 26 of the Court's Second Amended Protective Order, dated March 5, 2010 (Docket No. 108), requires the parties to file under seal all "transcripts of deposition, exhibits, answers to interrogatories, pleadings, briefs, and other documents submitted to the Court that have been designated as Protected Information or which contain information so designated." Google's Invalidity Motion includes information designated by Google and Netlist as Protected Information under the terms of the Second Amended Protective Order. The information includes excerpts of exhibits and deposition transcripts that have been so designated. Therefore, Google is obligated to file its Google's Invalidity Motion and Exhibits B and C to the Declaration of Scott T. Weingaertner in support thereof under seal. Google respectfully requests that the Court grant its application to file the foregoing documents under seal. Pursuant to the Court's Scheduling Order, the parties met and conferred regarding this motion.

2 GOOGLE'S ADMIN. MOTION TO FILE DOCUMENTS RE: MSJ INVALIDITY UNDER SEAL--C-08-04144 SBA

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

DATED: June 18, 2010

KING & SPALDING LLP By: /s/ Geoffrey M. Ezgar ________ Geoffrey M. Ezgar Attorneys for Plaintiff GOOGLE INC.

3 GOOGLE'S ADMIN. MOTION TO FILE DOCUMENTS RE: MSJ INVALIDITY UNDER SEAL--C-08-04144 SBA