Multiven, Inc. v. Cisco Systems, Inc.

Filing 86

ORDER RE: #70 GRANTING ADMINISTRATIVE MOTION TO SEAL DEFENDANT'S EX PARTE MOTION. Signed by Judge Richard Seeborg on 01/21/2010. (rslc3, COURT STAFF) (Filed on 1/21/2010). Modified on 1/22/2010 (rslc1, COURT STAFF).

*E-Filed 01/21/2010* 1 2 3 4 5 6 7 8 9 10
101 California Street San Francisco, CA 94111-5894

Dan K. Webb (pro hac vice) WINSTON & STRAWN LLP 35 West Wacker Drive Chicago, IL 60601-9703 Telephone: [phone] Facsimile: [phone] [e-mail] Patrick M. Ryan (SBN 203215) WINSTON & STRAWN LLP 101 California Street San Francisco, CA 94111-5894 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Defendant and Counterclaimant CISCO SYSTEMS, INC. and Counterclaimant CISCO TECHNOLOGY, INC. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

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Winston & Strawn LLP

MULTIVEN, INC., a Delaware corporation Plaintiff, v. CISCO SYSTEMS, INC., a California corporation Defendant. CISCO SYSTEMS, INC., a California corporation, and CISCO TECHNOLOGY, INC., a California corporation Counterclaimant, v. MULTIVEN, INC., a Delaware corporation, PINGSTA, INC., a Delaware corporation, and PETER ALFRED-ADEKEYE, an individual, Counterdefendants.

Case No. 5:08-cv-05391-JW-RS [PROPOSED] ORDER GRANTING ADMINISTRATIVE MOTION TO SEAL CISCO'S EX PARTE MOTION FOR (1) A TEMPORARY RESTRAINING ORDER TO PRESERVE EVIDENCE, (2) AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE, AND (3) A MIRRORIMAGING ORDER

[PROPOSED] ORDER GRANTING ADMINISTRATIVE MOTION TO SEAL (5:08-CV-05391-JW-RS)

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333 S. Grand Avenue Los Angeles, CA 90071-1543

For good cause shown, the Court hereby GRANTS Cisco's administrative motion to seal. The Court directs the clerk to file under seal the following: A. Memorandum of Points and Authorities in Support of Ex Parte Motion for (1) A Temporary Restraining Order to Preserve Evidence, (2) An Order to Show Cause Why a Preliminary Injunction Should Not Issue, and (3) A Mirror-Imaging Order 1. Page 1, line 19, beginning with the ninth word, after "preventing" through the first word on line 21, before "and" 2. Page 3, line 17, beginning with the eighth word, after "regarding" through line 20, the seventh word from the end, before "(Ryan)" 3. Page 4, line 4, beginning with the first word, through line 5, seventh word from the end before "(Ryan)" 4. Page 4, line 7, beginning with the seventh word after "that" through the end of line 8 5. Page 4, line 25, beginning with the first word through the word before "Counterdefendants" 6. Page 4, Footnote 4, line one, beginning with the first word through the eighth word from the end on line 2, before "Cisco" 7. Page 5, line 4, beginning with the fifth word, after "website," and ending with the word before "Each" 8. Page 5, line 5, beginning with the fourth word from the end, after "the" through the word on line 6 before ".)" 9. Page 5, line 7, beginning with the sixth word from the end, after "".)" ending with the first word on line 8, before "originated" 10. Page 5, line 14, the seventh word, after "with" and before "a" 11. Page 6, line 23, beginning with the third word from the end, after "by" through the third word on line 25, before "and" 12. Page 8, line 27 in its entirety 13. Page 9, line 1, all of the words before "Copying" 14. Page 9, line 14, beginning with the fifth word from the end, after "software." and ending with the second to last word on line 17, before "Cisco" -1SF:268218.1

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Winston & Strawn LLP

[PROPOSED] ORDER GRANTING ADMINISTRATIVE MOTION TO SEAL (5:08-CV-05391-JW-RS)

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333 S. Grand Avenue Los Angeles, CA 90071-1543

15. Page 10, line 6, beginning with the eighth word from the end, after ".)" through the second to last word on line 9, before "(Id." 16. Page 10, line 11, beginning with the fifth word, after ".)" through the word before "originated" 17. Page 10, line 18, the third word, after "with" and before "a" 18. Page 11, beginning with the last word on line 18, after "by" and ending with the word on line 20, before "and (3)" 19. Page 13, Footnote 6, line three, beginning with the sixth word, after "of" and ending with the word before "Light" 20. Page 15, line 12, beginning with the forth word, after "and" ending with the word on line 13, before "(Id." 21. Page 16, line 6, beginning with the ninth word, after "litigation" and ending with the word on line 7 before "are" 22. Page 19, line 20, beginning with the eleventh word, after "litigation" through the end of Line 23 B. Declaration of Patrick M. Ryan In Support of Ex Parte Motion for (1) A Temporary Restraining Order to Preserve Evidence, (2) An Order To Show Cause Why A Preliminary Injunction Should Not Issue, and (3) A Mirror-Imaging Order 1. Page 1, lines 26 and 27 in their entirety 2. Page 2, lines 1, 2, and 3 in their entirety 3. Page 2, all of line 4, except for the last word "and" 4. Page 2, line 13, beginning with the fifth word, after "products" and through the end of the line C. Declaration of James D. Light 1. Page 4, ¶21 and ¶22 in their entirety

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Winston & Strawn LLP

D. Exhibit 3 to the Declaration of James D. Light -2-

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[PROPOSED] ORDER GRANTING ADMINISTRATIVE MOTION TO SEAL (5:08-CV-05391-JW-RS)

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333 S. Grand Avenue Los Angeles, CA 90071-1543

1. Page 2, Statement for November 3, 2008, the two lines of text to the left of the box with "***$2,000.00" 2. Page 2, first line of the last section, all of the text after "BNF=" and before "Optimal" 3. Page 3, Statement for January 15, 2009, the two lines of text to the left of the box with "$***5,000.00" 4. Page 3, first line of the last section, all of the text after "BNF=" and before "Optimal" 5. Page 4, Statement for December 16, 2008, the two lines of text to the left of the box with "$***5,000.00" 6. Page 4, first line of the last section, all of the text after "BNF=" and before "Optimal" 7. Page 5, Statement for November 25, 2008, the two lines of text to the left of the box with "$***5,000.00" 8. Page 5, first line of the last section, all of the text after "BNF=" and before "Optimal" 9. Page 6, Statement for February 12, 2009, the two lines of text to the left of the box with "$***6,083.00" 10. Page 6, first line of the last section, all of the text after "BNF=" and before "Optimal"

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Winston & Strawn LLP

E. Declaration of Alex T. Bouja 1. Page 2, line 1, the eighth word, after "use" and before "Attached" 2. Page 2, line 6, beginning with the twelfth word, after "network" through the end of the line 3. Page 2, lines 7 through 13 in their entirety 4. Page 3, lines 1 through 5 in their entirety 5. Page 3, line 6 beginning with the first word and ending with the word before "Attached" 6. Page 3, line 11, beginning with the tenth word, after "numbers" through the end of the line 7. Page 3, lines 12 through 25 in their entirety 8. Page 3, line 26, beginning with the first word and ending with the word before "I" 9. Page 4, line 17, beginning with the sixth word, after "address)" through the end of the line 10. Page 4, line 18, beginning with the first word and ending with the word before "originated" -3-

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[PROPOSED] ORDER GRANTING ADMINISTRATIVE MOTION TO SEAL (5:08-CV-05391-JW-RS)

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11. Page 4, line 26, beginning with the second word, after "address" and ending with the word before "referenced" 12. Page 4, Footnote 2, the first word in line one through the word before "from" 13. Page 4, Footnote 2, the second word in line two, after "and" through the word before "from" 14. Page 5, line 9, beginning with the thirteenth word, after "access" through the end of the line 15. Page 5, line 10, beginning with the first word through the word before "This" 16. Page 5, line 12, the fifth word after "called" and before "a" 17. Page 6, line 1, the third word from the end, after "to" and before "However" 18. Page 6, line 5, beginning with the ninth word, after "69.181.72.170" through the second to last word before "between" 19. Page 6, line 12, all of the words after "75.57.244.230" 20. Page 7, line 11, beginning with the forth word after "either" and ending with the word before "or engaged" on line 13 21. Page 8, line 15, beginning with tenth word, after "explore" and ending with the word before "For" online 16

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Winston & Strawn LLP

F. Exhibits to the Declaration of Alex T. Bouja 1. Exhibit B in its entirety 2. Exhibit C in its entirety 3. Exhibit F in its entirety 4. Exhibit I in its entirety 5. Exhibit J in its entirety 6. Exhibit M in its entirety 7. Exhibit N in its entirety

G. Declaration of Joe Novak 1. Page 1, ¶5 in its entirety 2. Page 1, line 22, beginning with the word after "effort." through the end of the line -4SF:268218.1

[PROPOSED] ORDER GRANTING ADMINISTRATIVE MOTION TO SEAL (5:08-CV-05391-JW-RS)

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3. Page 1, lines 23 through 27 in their entirety 4. Page 2, lines 1 through 7 in their entirety 5. Page 2, line 8, beginning with the first word, and ending with the word before "Determining" 6. Page 2, line 20, beginning with the forth word after "requirements" through the end of the line 7. Page 2, lines 21-26 in their entirety 8. Page 3, line 8, the first word through the word before "A great" 9. Page 3, line 15, beginning with the third word, after "environment" through the end of the line 10. Page 3, lines 16 through 19 in their entirety 11. Page 4, line 6, beginning with the fifth word, after "network" through the end of the line 12. Page 4, lines 7 through 12 in their entirety 13. Page 4, line 13, beginning with the first word and ending with the word before "Customers" 14. Page 4, ¶14 in its entirety 15. Pages 4-5, ¶15 in its entirety 16. Page 5, line 5, beginning with the sixth word, after "environments" through the end of the line 17. Page 5, lines 6 through 10 in their entirety 18. Page 5, ¶17 in its entirety 19. Pages 5-6, ¶ in its entirety

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Winston & Strawn LLP

H. Declaration of Alex T. Bouja In Support of Administrative Motion to Seal Documents Related to Counterclaimants' Ex Parte Motion for (1) A Temporary Restraining Order to Preserve Evidence, (2) An Order to Show Cause Why a Preliminary Injunction Should Not Issue, and (3) A Mirror-Imaging Order 1. Page 3, lines 10 through 15 in their entirety

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[PROPOSED] ORDER GRANTING ADMINISTRATIVE MOTION TO SEAL (5:08-CV-05391-JW-RS)

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Although at least some of the materials Cisco seeks to seal appear to include information similar to what Cisco has disclosed elsewhere, the Court finds Cisco has adequately shown sealing to be appropriate. Redacted versions of these documents shall be available in the public record. IT IS SO ORDERED.

Dated: January 21, 2010

________________________________ RICHARD SEEBORG United States District Judge

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Winston & Strawn LLP

[PROPOSED] ORDER GRANTING ADMINISTRATIVE MOTION TO SEAL (5:08-CV-05391-JW-RS)

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