Powertech Technology Inc v. Tessera, Inc.

Filing 26

ORDER by Judge Claudia Wilken GRANTING 5 ADMINISTRATIVE MOTION TO FILE UNDER SEAL. (ndr, COURT STAFF) (Filed on 1/4/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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POWERTECH TECHNOLOGY, INC.,

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Plaintiff,

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TESSERA, INC.,
Defendant.
________________________________/

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United States District Court
For the Northern District of California

ORDER GRANTING
ADMINISTRATIVE
MOTION TO FILE
UNDER SEAL
(Docket No. 5)

v.

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No. C 11-6121 CW

Plaintiff Powertech Technology, Inc. seeks leave to file

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Appendices A and G to its Complaint under seal.

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that Appendix A contains the Tessera Compliant Chip License

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Agreement (TCC License) and that Appendix G contains a letter from

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Plaintiff to Defendant that quotes extensively from the TCC

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license.

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consider the documents confidential, that the TCC License and

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letter quoting from it contain proprietary information, including

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the amount of royalties that Plaintiff pays to Defendant, and that

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disclosure of this information would harm Plaintiff by giving

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Plaintiff’s competitors this confidential information.

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¶ 3.

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Heath Decl. ¶¶ 3-4.

Plaintiff states

Plaintiff attests that both parties

Id. at

Plaintiff’s filings are connected to a dispositive pleading.

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To establish that the documents are sealable, Plaintiff “must

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overcome a strong presumption of access by showing that

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‘compelling reasons supported by specific factual findings . . .

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outweigh the general history of access and the public policies

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favoring disclosure.’”

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665, 679 (9th Cir. 2010) (citation omitted).

Pintos v. Pac. Creditors Ass’n, 605 F.3d
This cannot be

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established simply by showing that the document is subject to a

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protective order or by stating in general terms that the material

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is considered to be confidential, but rather must be supported by

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a sworn declaration demonstrating with particularity the need to

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file each document under seal.

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Civil Local Rule 79-5(a).

Plaintiff has provided reasons supporting the sealing of the

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Appendices A and G to its Complaint.

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motion for leave to file documents under seal is GRANTED (Docket

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No. 5).

Accordingly, Plaintiff’s

Within three days of the date of this Order, Plaintiff

United States District Court
For the Northern District of California

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shall electronically file Appendices A and G to its Complaint

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under seal, in accordance with General Order 62.

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IT IS SO ORDERED.

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Dated: 1/4/2012

CLAUDIA WILKEN
United States District Judge

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