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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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 TRANSPERFECT GLOBAL, INC., et al. 5 Plaintiffs, 6 No. C 10-2590 CW ORDER RESOLVING MOTIONS TO SEAL (Docket Nos. 249, 250, 253, 258) v. 7 MOTIONPOINT CORP., 8 Defendant. ________________________________/ 9 United States District Court For the Northern District of California 10 Plaintiffs Transperfect Global, Inc., Transperfect 11 Translations, Inc., and, Inc. have filed a 12 renewed motion to file under seal Exhibits 13-15 of Joseph H. 13 Lee’s declaration in support of their opening claim construction 14 brief and motion for summary judgment. 15 also filed a motion to seal portions of their reply in support of 16 their motion for claim construction and summary judgment and 17 Exhibits 1-8 of the Declaration of Michael B. Eisenberg. 18 No. 253. 19 supported by sworn declarations and are narrowly tailored to seek 20 sealing only of confidential trade secrets, the Court grants both 21 motions. 22 Docket No. 249. They have Docket Because both of Plaintiffs’ motions to seal are Defendant MotionPoint Corporation has also filed two motions 23 to file documents under seal. 24 seal portions of (1) its cross-motion and opposition to 25 Plaintiffs’ motion for claim construction and summary judgment; 26 (2) Exhibits 5, 7, 9, and 10 to the Declaration of Gregory C. 27 Wyckoff; and (3) the Declaration of Jeffrey S. Chase. 28 250. 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 2 demonstrated compelling reasons to seal portions of its brief and 3 Exhibits 9 and 10 of the Wyckoff declaration, each of which 4 contains proprietary information concerning Defendant’s technology 5 and internal business operations. 6 find compelling reasons to seal portions of the Chase declaration 7 or Exhibits 5 and 7 to the Wyckoff declaration. 8 in its motion that Plaintiffs, who designated these documents 9 confidential, would file a declaration supporting sealing of these 10 United States District Court For the Northern District of California 1 documents within seven days of its motion pursuant to Civil Local 11 Rule 79-5(d). 12 denied with respect to these documents. 13 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 14 seal. 15 Declaration of Meghan E. Bordonaro demonstrate compelling reasons 16 to seal Exhibit 20 and paragraphs 217-22 and 417-22 of Exhibit 16 17 to the Wyckoff declaration, which contain descriptions of 18 Defendant’s proprietary technology. 19 Plaintiffs would subsequently file a declaration supporting 20 sealing of the documents they designated confidential: namely, 21 Exhibit 20 and paragraph 423 of Exhibit 16 to the Wyckoff 22 declaration. 23 declaration, the motion is denied with respect to these documents. 24 CONCLUSION 25 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 26 under seal (Docket Nos. 249 & 253) are GRANTED. 27 of this order, Plaintiffs shall file redacted versions of the 28 following documents in the public record: Exhibits 13-15 of the 2 Within two days 1 Declaration of Joseph H. Lee; TransPerfect’s Reply Claim 2 Construction Brief, Reply In Support of Its Motion for Summary 3 Judgment, and Opposition to MotionPoint’s Motion for Summary 4 Judgment; and Exhibits 1-8 of the Declaration of Michael B. 5 Eisenberg. 6 Defendant’s motions to file under seal (Docket Nos. 250, 258) are GRANTED in part and DENIED in part. 8 order, Plaintiffs must file a declaration demonstrating with 9 particularity the need to file under seal every document or 10 United States District Court For the Northern District of California 7 portion thereof listed in Defendant’s sealing motions that 11 Plaintiffs designated as confidential. 12 so, Defendant shall file unredacted versions of these documents in 13 the public record. 14 Within two days of this If Plaintiffs fail to do IT IS SO ORDERED. 15 16 17 Dated: 2/26/2013 CLAUDIA WILKEN United States District Judge 18 19 20 21 22 23 24 25 26 27 28 3

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