Affinity Labs of Texas, LLC v. Apple, Inc.

Filing 264

ORDER RESOLVING REMAINING PORTION OF PLAINTIFF'S ADMINISTRATIVE MOTION TO SEAL, Docket No. 215, PURSUANT TO THIS COURT'S ORDER, Docket No. 240.. Signed by Judge Claudia Wilken on June 30, 2011. (cwlc3, COURT STAFF) (Filed on 6/30/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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AFFINITY LABS OF TEXAS, LLC,

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Plaintiff,

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United States District Court
For the Northern District of California

No. C 09-04436 CW

v.

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APPLE INC.,

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Defendant.
/

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ORDER RESOLVING
REMAINING PORTION
OF PLAINTIFF’S
ADMINISTRATIVE
MOTION TO SEAL,
Docket No. 215,
PURSUANT TO THIS
COURT’S ORDER,
Docket No. 240

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On June 2, 2011, Plaintiff Affinity Labs of Texas, LLC, moved

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to file under seal various documents submitted in connection with

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its Claim Construction Reply Brief, Summary Judgment Reply Brief,

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and Brief in Opposition to Apple’s Motion for Summary Judgment.

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Docket No. 215.

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documents sealed and reserved judgment regarding the remaining

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documents pending the submission of evidence in support of sealing

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the items.

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On June 13, 2011, the Court ordered certain

Docket No. 240.

In response to the Court’s order, counsel for Defendant

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Apple, Inc. submitted a declaration in support of the motion to

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seal Exhibit M3 and ¶¶ 64-69 of Exhibit M4 to the Declaration of

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Joseph C. McAlexander III in Support of Affinity’s Claim

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Construction Reply Brief, Summary Judgment Reply Brief, and Brief

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in Opposition to Apple’s Motion for Summary Judgment, and the

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portions of Affinity’s Brief that contain, rely upon, and quote

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Exhibits 1, 3, 5, 8, 22, 23 and 25 to the Declaration of David C.

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Dotson, and Exhibit M3 and ¶¶ 64-69 of Exhibit M4 to the

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McAlexander Declaration.

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submitted a declaration in support of sealing Exhibit M3, which

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contains confidential testimony of its designee and excerpts from a

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confidential business document.

Slacker, a third party to this lawsuit,

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Having reviewed these additional submissions, Affinity’s

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motion to seal is GRANTED with respect to Exhibit M3 and ¶¶ 64-69

United States District Court
For the Northern District of California

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of Exhibit M4 to the McAlexander III Declaration in Support of

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Affinity’s Brief and the portions of Affinity’s Brief that contain,

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rely upon, and quote Exhibits 1, 3, 5, 8, 22, 23, 25 and M3, and

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¶¶ 64-69 of Exhibit M4.

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justify sealing Exhibits 10 and 11 to the Declaration of the David

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C. Dotson has not been submitted and, thus, the motion with respect

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to these items is DENIED.

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Docket No. 215.

The evidence necessary to

IT IS SO ORDERED.

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Dated:June 30, 2011
CLAUDIA WILKEN
United States District Judge

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