RSI Corporation v. International Business Machines Corporation et al

Filing 243

ORDER by Judge Whyte granting motions to seal as specified in the order based on IBM's new declarations 240 242 re administrative motions to seal: 155 170 203 219 228 230 233 237 . (rmwlc2, COURT STAFF) (Filed on 12/21/2012)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 13 Plaintiff, 14 15 16 17 Case No. C-08-03414 RMW RSI CORP., dba RESPONSIVE SYSTEMS COMPANY, a New Jersey corporation, ORDER GRANTING MOTIONS TO SEAL vs. INTERNATIONAL BUSINESS MACHINES CORPORATION, a New York corporation; and DOE DEFENDANTS 1-20, [Re Docket No. 155, 170, 203, 219, 228, 230, 233, 237] Defendants. 18 19 In response to the court's November 30, 2012 Order, IBM filed new declarations setting 20 forth with specificity the basis for more limited redactions. See Dkt. Nos. 240, 242. 21 For good cause, the court orders that the portions of the documents specified below be 22 filed under seal: 23 24 Document Portions Sealed 25 Exhibit F to the Declaration of Scott Commerson in Support of Defendant IBM's Response to RSI's Supplemental Brief Re Willful Infringement and Estoppel (Dkt. # 231) (the "Commerson Declaration") The customer information on the page bearing bates number IBM00134048 and indicated with green highlighting on the copy concurrently lodged with the Court 26 27 28 ORDER GRANTING MOTIONS TO SEAL CASE NO. C-08-03414 sw -1- 1 Exhibit H to the Commerson Declaration The customer and license structure information on both pages of the exhibit, as indicated with green highlighting on the copy concurrently lodged with the Court Exhibit I to the Commerson Declaration The customer information on the first page of the exhibit bearing bates number RSI_00047226 and indicated with green highlighting on the copy concurrently lodged with the Court Exhibit BB to the Supplemental Declaration of Pamela L. Schultz in Support of Supplemental Brief Re Willful Infringement and Estoppel as per Court Order of July 26, 2012 (the "Schultz Declaration") The customer information on the page bearing bates number IBM00030237 and indicated with green highlighting on the copy concurrently lodged with the Court 2 3 4 5 6 7 8 9 • Exhibit CC to the Schultz Declaration 10 11 • 12 13 14 • 15 16 17 • 18 19 20 The customer license structure information at pages 191 and 192 of the deposition transcript and indicated in green highlighting on the copy concurrently lodged with the Court The customer information on the page bearing bates number IBM00030237 and indicated with green highlighting on the copy concurrently lodged with the Court The customer, revenue and license structure information on Karger Exhibit 88 bearing bates number IBM00133561 and indicated with green highlighting on the copy concurrently lodged with the Court The customer, revenue and license structure information on Karger Exhibit 89 bearing bates number IBM00133560 and indicated with green highlighting on the copy concurrently lodged with the Court Exhibit DD to the Schultz Declaration The customer information on the page bearing bates number IBM00133588 and indicated with green highlighting on the copy concurrently lodged with the Court Document Portions Sealed Declaration of Pamela L. Schultz in support of RSI's Motion for Partial Summary Judgment Regarding Trademark Infringement in Marketing of Buffer Pool Analyzer and Other Unauthorized Use of Buffer Pool Tool Trademark (Dkt. # 205) (the "Schultz Declaration") The customer information on page 2 and indicated with green highlighting on the copy concurrently lodged with the Court 21 22 23 24 25 26 27 28 ORDER GRANTING MOTIONS TO SEAL CASE NO. C-08-03414 sw -2- 1 Exhibit B to the Schultz Declaration The customer information on the first page of the exhibit bearing bates number IBM00054541, as indicated with green highlighting on the copy concurrently lodged with the Court Declaration of Scott Commerson in Support of IBM's Response to RSI's Letter Application to Compel Responses to Interrogatories (Dkt. # 170) The accounting specifics on pages 9 and 10 and indicated with green highlighting on the copy concurrently lodged with the Court 2 3 4 5 6 7 Consistent with Local Rule 79-5, General Order 62, this order, and the court's November 8 9 10 11 12 30, 2012 Order, the court orders the parties to file electronic copies with ECF of all of the documents referenced in the previous administrative motions to seal at docket numbers: 155, 170, 203, 219, 228, 230, 233, and 237. Dated: December 21, 2012 Ronald M. Whyte United States District Court Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER GRANTING MOTIONS TO SEAL CASE NO. C-08-03414 sw -3-

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