Google Inc. v. Netlist, Inc.

Filing 154

Administrative MOTION to File Under Seal Google Inc.'s Opposition to Netlist, Inc.'s Motion for Summary Judgment on Google's Affirmative Defenses Based on Netlist's JEDEC Activities and Related Exhibits filed by Google Inc.. (Attachments: # 1 Affidavit, # 2 Proposed Order)(Ezgar, Geoffrey) (Filed on 6/25/2010) Modified on 6/28/2010 (jlm, COURT STAFF).

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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/tscott@kslaw.com) GEOFFREY M. EZGAR (SBN 184243/ gezgar@kslaw.com) LEO SPOONER III (SBN 241541/lspooner@kslaw.com) KING & SPALDING LLP 333 Twin Dolphin Drive, Suite 400 Redwood Shores, CA 94065 Telephone: (650) 590-0700 Facsimile: (650) 590-1900 SCOTT T. WEINGAERTNER (pro hac vice/sweingaertner@kslaw.com) ROBERT F. PERRY (rperry@kslaw.com) ALLISON ALTERSOHN (pro hac vice/aaltersohn@kslaw.com) SUSAN KIM (pro hac vice/skim@kslaw.com) DANIEL MILLER (pro hac vice/dmiller@kslaw.com) King & Spalding LLP 1185 Avenue of the Americas New York, NY 10036-4003 Telephone: (212) 556-2100 Facsimile: (212) 556-2222 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 OPPOSITION TO NETLIST, INC.'S MOTION FOR SUMMARY JUDGMENT ON GOOGLE'S AFFIRMATIVE DEFENSES BASED ON NETLIST'S JEDEC ACTIVITIES 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: OPPOSITION TO MSJ ON AFFIRMATIVE DEFENSES 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 Opposition to Netlist, Inc.'s Motion for Summary Judgment on Google's Affirmative Defenses Based on Netlist's JEDEC Activities ("Google's Opposition") and Exhibits A, D, F-K, M-P, R-AA, and DD-FF 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 Opposition, 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 Opposition includes information designated by Google, Netlist, and third parties NEC and IDT 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 Opposition and Exhibits A, D, F-K, M-P, RAA, and DD-FF 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: OPPOSITION TO MSJ ON AFFIRMATIVE DEFENSES 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 25, 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: OPPOSITION TO MSJ ON AFFIRMATIVE DEFENSES UNDER SEAL--C-08-04144 SBA

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