Brilliant Instruments, Inc. v. GuideTech, Inc.

Filing 191

ORDER by Judge Claudia Wilken DENYING 176 MOTION OF GUIDETECH LLC FOR LEAVE TO FILE UNDER SEAL THE DECLARATION OF SASSAN TABATABAEI.(ndr, COURT STAFF) (Filed on 11/2/2011)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 BRILLIANT INSTRUMENTS, INC., 5 6 7 Plaintiff, United States District Court For the Northern District of California 10 ORDER DENYING MOTION OF GUIDETECH LLC FOR LEAVE TO FILE UNDER SEAL THE DECLARATION OF SASSAN TABATABAEI (Docket No. 176) v. GUIDETECH, INC., 8 9 No. C 09-5517 CW Defendant. ________________________________/ AND ALL RELATED COUNTERCLAIMS / 11 12 13 On October 19, 2011, Defendant and Counter-Claimant GuideTech 14 LLC filed a motion seeking authorization to file under seal the 15 Declaration of Sassan Tabatabaei, submitted in support of 16 GuideTech LLC’s Opposition to Plaintiff and Counter-Defendant 17 Brilliant Instruments, Inc.’s Motion for Attorney Fees and Non- 18 Taxable Costs. 19 declaration that states that the document “contains sensitive 20 proprietary information of [Brilliant Instruments, Inc.] regarding 21 its accused products that are: (1) proprietary and confidential; 22 (2) has not been disclosed to the public; (3) has been designated 23 as ‘Confidential’ or ‘Highly Confidential-Attorney’s Eyes Only’ 24 and (4) could, if disclosed to the public, cause harm to the third 25 parties.” 26 In support of its motion, GuideTech LLC offered a Chin Decl. ¶ 4. On October 21, 2011, the Court issued an order stating that, 27 as the party designating the material as confidential, Brilliant 28 Instruments, Inc. was required to file a declaration in support of 1 the motion to seal within seven days of October 19, 2011, pursuant 2 to Local Rule 79-5(d) or the document would be made part of the 3 public record. 4 Brilliant Instruments, Inc. has not submitted a declaration 5 in support of GuideTech LLC’s motion to seal. 6 GuideTech LLC’s motion to seal is denied. 7 GuideTech LLC may electronically file the Tabatabaei Declaration 8 in the public record or may withdraw it, in accordance with 9 General Order 62. United States District Court For the Northern District of California 10 Accordingly, Within four days, IT IS SO ORDERED. 11 12 13 Dated: 11/2/2011 CLAUDIA WILKEN United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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