U.S. Ethernet Innovations, LLC v. Acer, Inc. et al
Filing
1365
ORDER by Judge Claudia Wilken ON ADMINISTRATIVE MOTIONS TO SEAL.(Granting in part and denying in part (1360 in case 4:10-cv-03724-CW; and 603 in case 4:10-cv-05254-CW. ) (ndr, COURT STAFF) (Filed on 2/3/2015)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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U.S. ETHERNET INNOVATIONS, LLC,
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Plaintiff,
v.
ACER, INC., et al.,
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ORDER ON
ADMINISTRATIVE
MOTIONS TO SEAL
(Docket No. 1360)
Defendants.
and
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United States District Court
For the Northern District of California
No. C 10-3724 CW
ATHEROS COMMUNICATIONS, INC., et al.,
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Intervenors.
________________________________/
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U.S. ETHERNET INNOVATIONS, LLC,
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Plaintiff,
No. C 10-5254 CW
(Docket No. 603)
v.
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AT&T MOBILITY, LLC, et al.,
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Defendants.
________________________________/
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Before the Court is Plaintiff U.S. Ethernet Innovations,
LLC’s (USEI) administrative motion to seal (Case No. 10-3724,
Docket No. 1360; Case No. 10-5254, Docket No. 603).
Under Civil Local Rule 79-5, a document may be filed under
seal only if a party establishes that the portions sought to be
sealed “are privileged, protectable as a trade secret or otherwise
entitled to protection under the law.”
Civ. L.R. 79-5(b).
Any
sealing request must be narrowly tailored to cover only sealable
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material.
Id.
The request must be supported by the designating
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party’s declaration establishing that the information is sealable.
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Id. subsection (d).
“Historically, courts have recognized a ‘general right to
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inspect and copy public records and documents, including judicial
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records and documents.’”
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447 F.3d 1172, 1178 (9th Cir. 2006).
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request, the Court begins with “a strong presumption of access
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[as] the starting point.”
In considering a sealing
Id.
A party seeking to seal records attached to a dispositive
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United States District Court
For the Northern District of California
Kamakana v. City & Cnty. of Honolulu,
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motion bears the burden of establishing “compelling reasons
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supported by specific factual findings that outweigh the general
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history of access and the public policies favoring disclosure.”
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Id. at 1178-79.
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“the heart of the interest in ensuring the public’s understanding
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of the judicial process and of significant public events.”
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at 1179.
This is because dispositive motions represent
Id.
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Case No.
USEI seeks leave to file under seal certain exhibits
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10-3724
to its Motion to Alter or Amend the Court’s
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Docket No.
November 7, 2014 Summary Judgment Order.
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1360
1. Exhibit B to the Declaration of Robert J. Leonard
in support of USEI’s Motion to Alter or Amend the
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Case No.
Court’s November 7, 2014 Summary Judgment Order
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10-5254
(Leonard Declaration).
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Docket No.
excerpts of the Corrected Expert Report regarding
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603
infringement of the patents-in-suit by Intervenor
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Exhibit B comprises
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Intel, prepared by Dr. Michael Mitzenmacher,
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USEI’s infringement expert.
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GRANTED because USEI has limited its request to
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excerpts containing confidential source code.
The motion is
2. Exhibit C to the Leonard Declaration.
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Exhibit C
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comprises an excerpt of the May 29, 2014
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Deposition of Dr. Michael Mitzenmacher, USEI’s
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infringement expert.
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any sealable information in this document.
There does not appear to be
United States District Court
For the Northern District of California
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Accordingly, USEI’s request for leave to file
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this document under seal is DENIED.
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CONCLUSION
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For the reason set forth above, USEI’s Administrative Motion
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to File Under Seal (Case No. 10-3724, Docket No. 1360; Case No.
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10-5254, Docket No. 603) is GRANTED in part and DENIED in part.
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For the document for which the motion is GRANTED, within four days
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of the date of this Order, USEI shall electronically file it under
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seal.
For the document for which the motion is DENIED, the denial
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is without prejudice.
USEI must submit, within seven days of the
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date of this Order, a revised declaration justifying why the
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document is sealable.
Otherwise, USEI must file the document in
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the public record.
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IT IS SO ORDERED.
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Dated:
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February 3, 2015
CLAUDIA WILKEN
United States District Judge
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