Google Inc. v. Netlist, Inc.

Filing 168

Administrative Motion to File Under Seal Defendant Netlist's Reply Brief in Support of Motion for Summary Judgment on Google's Affirmative Defenses Based on Netlist's JEDEC Activities Under Seal filed by Netlist, Inc.. Motion Hearing set for 7/27/2010 01:00 PM. (Attachments: # 1 Declaration, # 2 Joint Stip. and Proposed Order)(Hansen, Steven) (Filed on 7/13/2010)

Google Inc. v. Netlist, Inc.

Doc. 168

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PRUETZ LAW GROUP LLP Adrian M. Pruetz (Bar No. CA 118215) E-mail: [e-mail] Erica J. Pruetz (Bar No. CA 227712) E-mail: [e-mail] 200 N. Sepulveda Blvd. Suite 1525 El Segundo, CA 90245 Telephone: [phone] Facsimile: [phone] LEE TRAN & LIANG APLC Enoch H. Liang (Bar No. CA 212324) E-mail: [e-mail] Steven R. Hansen (Bar No. CA 198401) E-mail: [e-mail] Edward S. Quon (Bar No. 214197) E-mail: [e-mail] 601 S. Figueroa St., Suite 4025 Los Angeles, CA 90017 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counterclaimant NETLIST, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

GOOGLE, INC., Plaintiff, vs. NETLIST, INC., Defendant.

CASE NO. C-08-04144 SBA [Related to CASE NO. C-09-05718 SBA] DEFENDANT NETLIST, INC.'S ADMINISTRATIVE MOTION TO FILE NETLIST'S REPLY BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT ON GOOGLE'S AFFIRMATIVE DEFENSES BASED ON NETLIST'S JEDEC ACTIVITIES UNDER SEAL Date: Time: Place: Judge: July 27, 2010 1:00 p.m. Courtroom 3 Hon. Saundra Brown Armstrong

___________________________________ AND RELATED COUNTERCLAIMS

APPLICATION TO FILE UNDER SEAL
NETLIST'S MOTION TO FILE REPLY RE MOTION FOR MSJ ON JEDEC ACTIVITES UNDER SEAL C-08-04144 SBA
Dockets.Justia.com

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:

Pursuant to Civil Local Rules 7-11 and 79-5, Defendant and Counterclaimant Netlist, Inc. ("Netlist") hereby requests that the Court file Netlist's "Defendant Netlist's Reply Brief in Support of Motion for Summary Judgment on Google's Affirmative Defenses Based on Netlist's JEDEC Activities" under seal. This request is based on this application, the Declaration of Steven R. Hansen in support thereof, and such oral argument as the Court may entertain. As required by Civil Local Rules 79-5(b)-(d) the following papers are also being lodged with the Court: (1) a Chamber's copy of the Defendant Netlist's Reply Brief in Support of Motion for Summary Judgment on Google's Affirmative Defenses Based on Netlist's JEDEC Activities. Paragraph 26 of the Court's Second Amended Protective Order, dated March 5, 2010 requires the parties to file under seal all "transcripts of depositions, 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." Defendant Netlist's Reply Brief in Support of Motion for Summary Judgment on Google's Affirmative Defenses Based on Netlist's JEDEC Activities includes information designated by Google and the third party JEDEC 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. Accordingly, Netlist is obligated to file its Defendant Netlist's Reply

Brief in Support of Motion for Summary Judgment on Google's Affirmative Defenses Based on Netlist's JEDEC Activities under seal. Netlist 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. June 13, 2010 LEE TRAN & LIANG, APLC By: /s/Steven R. Hansen______________________ Steven R. Hansen Attorneys for Defendant and Counterclaimant NETLIST, INC.

1
NETLIST'S MOTION TO FILE REPLY RE MOTION FOR MSJ ON JEDEC ACTIVITES UNDER SEAL C-08-04144 SBA

1 STATE OF CALIFORNIA) 2 COUNTY OF LOS ANGELES) 3

PROOF OF SERVICE

I am employed in the county of Los Angeles State of California. I am over the age of 18 and not a party to the within action; my business address is: 601 S. Figueroa Street, Suite 4025, 4 Los Angeles, CA 90017. 5 On July 13, 2010, I served the foregoing document(s) described as: DEFENDANT NETLIST, INC.'S ADMINISTRATIVE MOTION TO FILE 6 NETLIST'S REPLY BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT ON GOOGLE'S AFFIRMATIVE DEFENSES BASED ON NETLIST'S 7 JEDEC ACTIVITIES UNDER SEAL 8 on the interested parties. [X] By placing [ ] the original [X] true copies thereof enclosed in sealed envelopes addressed 9 as follows: 10 11 12 13 14 15 16 17 18 19 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 [X] TIMOTHY T. SCOTT KING & SPALDING LLP 333 Twin Dolphin Drive, Suite 400 Redwood Shores, CA 94065 Fax: [phone] SCOTT T. WEINGAERTNER KING & SPALDING LLP 1185 Avenue of the Americas New York, NY 10036-4003 Fax: : [phone]

BY MAIL I placed such envelope in the mail at Los Angeles, California. The envelope was mailed with postage thereon fully prepaid. As follows: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Los Angeles, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit.

PROOF OF SERVICE

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/// TIMOTHY T. SCOTT ([e-mail]) GEOFFREY M. EZGAR ([e-mail]) LEO SPOONER III ( [e-mail]) KING & SPALDING LLP 333 Twin Dolphin Drive, Suite 400 Redwood Shores, CA 94065 SCOTT T. WEINGAERTNER ([e-mail]) ROBERT F. PERRY ([e-mail]) ALLISON ALTERSOHN ([e-mail]) SUSAN KIM ([e-mail]) MARK H. FRANCIS ([e-mail]) DANIEL MILLER ([e-mail]) King & Spalding LLP 1185 Avenue of the Americas New York, NY 10036-4003

[X]

BY ELECTRONIC MAIL I transmitted the above listed document(s) to the e-mail address set forth above on this date.

Executed on July 13, 2010 at Los Angeles, California. [X] (Federal) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. s/ Lynette W. Suksnguan_____________________ Signature

LYNETTE W. SUKSNGUAN Type or Print Name

PROOF OF SERVICE