Google Inc. v. Netlist, Inc.

Filing 148

STIPULATION AND ORDER GRANTING 144 Administrative Motion to File Under Seal Google's Invalidity Motion and Exhibits B and C to the Declaration of Scott T. Weingaertner in Support Thereof be FILED UNDER SEAL. Signed by Judge Saundra Brown Armstrong, on 6/21/10 (jlm, COURT STAFF) (Filed on 6/22/2010)

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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]) 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, Civil Action No. C08 04144 SBA [Related to Civil Action No. C09-05718 SBA] v. NETLIST, INC., Defendant. STIPULATION AND ORDER RE FILING GOOGLE INC.'S 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

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JOINT STIP AND [PROPOSED] ORDER RE FILING DOCUMENTS UNDER SEAL--C-08-04144 SBA

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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 Inc.'s Notice of Motion and Motion for Summary Judgment of Invalidity ("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. Accordingly, IT IS HEREBY STIPULATED BY THE PARTIES, by and through their counsel of record, that Google's Invalidity Motion and Exhibits B and C to the Declaration of Scott T. Weingaertner in support thereof be under seal.

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2 JOINT STIP AND [PROPOSED] ORDER RE FILING DOCUMENTS UNDER SEAL--C-08-04144 SBA

DATED: June 18, 2010

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

DATED: June 18, 2010

LEE TRAN & LIANG, APLC By: /s/ Steven R. Hansen _________ Steven R. Hansen Attorneys for Defendant NETLIST, INC.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

DATED: 6/21/10

______________________________ Hon. Saundra B. Armstrong UNITED STATES DISTRICT JUDGE

3 JOINT STIP AND [PROPOSED] ORDER RE FILING DOCUMENTS UNDER SEAL--C-08-04144 SBA

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DECLARATION OF CONSENT Pursuant to General Order No. 45, Section X(B) regarding signatures, I attest under penalty of perjury that concurrence in the filing of this document has been obtained from Steven R. Hansen.

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

4 JOINT STIP AND [PROPOSED] ORDER RE FILING DOCUMENTS UNDER SEAL--C-08-04144 SBA