TransPerfect Global, Inc. et al v. MotionPoint Corporation

Filing 260

ORDER by Judge Claudia Wilken RESOLVING ( 249 , 250 , 253 , 258 ) MOTIONS TO SEAL. (ndr, COURT STAFF) (Filed on 2/26/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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TRANSPERFECT GLOBAL, INC., et al.

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Plaintiffs,

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No. C 10-2590 CW
ORDER RESOLVING
MOTIONS TO SEAL
(Docket Nos. 249,
250, 253, 258)

v.

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MOTIONPOINT CORP.,

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Defendant.
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United States District Court
For the Northern District of California

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Plaintiffs Transperfect Global, Inc., Transperfect

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Translations, Inc., and Translations.com, Inc. have filed a

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renewed motion to file under seal Exhibits 13-15 of Joseph H.

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Lee’s declaration in support of their opening claim construction

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brief and motion for summary judgment.

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also filed a motion to seal portions of their reply in support of

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their motion for claim construction and summary judgment and

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Exhibits 1-8 of the Declaration of Michael B. Eisenberg.

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No. 253.

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supported by sworn declarations and are narrowly tailored to seek

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sealing only of confidential trade secrets, the Court grants both

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motions.

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Docket No. 249.

They have

Docket

Because both of Plaintiffs’ motions to seal are

Defendant MotionPoint Corporation has also filed two motions

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to file documents under seal.

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seal portions of (1) its cross-motion and opposition to

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Plaintiffs’ motion for claim construction and summary judgment;

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(2) Exhibits 5, 7, 9, and 10 to the Declaration of Gregory C.

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Wyckoff; and (3) the Declaration of Jeffrey S. Chase.

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250.

In its first motion, it seeks to

Docket No.

Having reviewed the Declaration of Meghan E. Bordonaro filed

in support of the motion, the Court finds that Defendant has

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demonstrated compelling reasons to seal portions of its brief and

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Exhibits 9 and 10 of the Wyckoff declaration, each of which

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contains proprietary information concerning Defendant’s technology

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and internal business operations.

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find compelling reasons to seal portions of the Chase declaration

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or Exhibits 5 and 7 to the Wyckoff declaration.

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in its motion that Plaintiffs, who designated these documents

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confidential, would file a declaration supporting sealing of these

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United States District Court
For the Northern District of California

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documents within seven days of its motion pursuant to Civil Local

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Rule 79-5(d).

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denied with respect to these documents.

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The Court does not, however,

Defendant stated

Because Plaintiffs failed to do so, the motion is

The same analysis applies to Defendant’s second motion to

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seal.

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Declaration of Meghan E. Bordonaro demonstrate compelling reasons

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to seal Exhibit 20 and paragraphs 217-22 and 417-22 of Exhibit 16

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to the Wyckoff declaration, which contain descriptions of

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Defendant’s proprietary technology.

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Plaintiffs would subsequently file a declaration supporting

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sealing of the documents they designated confidential: namely,

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Exhibit 20 and paragraph 423 of Exhibit 16 to the Wyckoff

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declaration.

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declaration, the motion is denied with respect to these documents.

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CONCLUSION

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Docket No. 258.

That motion and the accompanying

The motion stated that

Because Plaintiffs failed to file such a

For the reasons set forth above, Plaintiffs’ motions to file

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under seal (Docket Nos. 249 & 253) are GRANTED.

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of this order, Plaintiffs shall file redacted versions of the

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following documents in the public record: Exhibits 13-15 of the
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Within two days

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Declaration of Joseph H. Lee; TransPerfect’s Reply Claim

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Construction Brief, Reply In Support of Its Motion for Summary

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Judgment, and Opposition to MotionPoint’s Motion for Summary

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Judgment; and Exhibits 1-8 of the Declaration of Michael B.

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Eisenberg.

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Defendant’s motions to file under seal (Docket Nos. 250, 258)
are GRANTED in part and DENIED in part.

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order, Plaintiffs must file a declaration demonstrating with

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particularity the need to file under seal every document or

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United States District Court
For the Northern District of California

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portion thereof listed in Defendant’s sealing motions that

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Plaintiffs designated as confidential.

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so, Defendant shall file unredacted versions of these documents in

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the public record.

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Within two days of this

If Plaintiffs fail to do

IT IS SO ORDERED.

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Dated: 2/26/2013

CLAUDIA WILKEN
United States District Judge

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