Oyster Optics, LLC v. Ciena Corporation

Filing 256

ORDER TO SHOW CAUSE WHY OYSTER-FUJITSU SETTLEMENT AGREEMENT SHOULD BE FILED UNDER SEAL IN ITS ENTIRETY AND INSTRUCTIONS TO PARTIES. Signed by Judge Jeffrey S. White on 4/3/2023. Show Cause Response due by 4/17/2023. Joint Status Report due by 4/17/2023. (kkp, COURT STAFF) (Filed on 4/3/2023)

Case 4:17-cv-05920-JSW Document 256 Filed 04/03/23 Page 1 of 2

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OYSTER OPTICS, LLC,
Plaintiff,

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v.

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CIENA CORPORATION,

ORDER TO SHOW CAUSE WHY
OYSTER-FUJITSU SETTLEMENT
AGREEMENT SHOULD BE FILED
UNDER SEAL IN ITS ENTIRETY AND
INSTRUCTIONS TO PARTIES

Defendant.

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United States District Court
Northern District of California

Case No. 17-cv-05920-JSW

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In addition to the motions for summary judgment and motions to exclude expert testimony,

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the parties have filed motions to seal portions of those briefs and exhibits in support of their

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positions.

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One of those exhibits is a settlement agreement between Oyster Optics LLC and Fujitsu

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Ltd. and Fujitsu Network Communications (the “OFA”). (Dkt. No. 177-54.) Oyster is

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ORDERED TO SHOW CAUSE why that exhibit should remain under seal in its entirety. See

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Oyster Optics, LLC v. Coriant Am., Inc., No. 16-cv-01302-RJG, 2018 U.S. Dist. LEXIS 236708,

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at *5-*9 (E.D. Tex. Dec. 4, 2018).

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The Court FURTHER ORDERS the parties to meet and confer regarding all pending

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motions to seal. To assist the Court in determining what portions of its order resolving pending

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motions can be publicly filed, if there are exhibits that have been filed under seal in their entirety

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that can be redacted, the parties shall file a joint statement, which includes a chart that sets forth

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those exhibits, their docket number, and the portions of the exhibit that can be publicly filed.

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The Court intends to issue its ruling on the motions to seal when it issues its Order
resolving the motions for summary judgment and Daubert motions.
Oyster shall files its response to this Order to Show Cause and the parties shall file their

Case 4:17-cv-05920-JSW Document 256 Filed 04/03/23 Page 2 of 2

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joint statement by no later than April 17, 2023.
IT IS SO ORDERED.
Dated: April 3, 2023
______________________________________
JEFFREY S. WHITE
United States District Judge

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United States District Court
Northern District of California

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