Synthes (USA) v. Spinal Kinetics Inc.

Filing 454

ORDER by Judge Ronald M. Whyte granting 426 Administrative Motion to File Under Seal (rmwlc2, COURT STAFF) (Filed on 11/23/2011)

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Case5:09-cv-01201-RMW Document426-1 Filed11/09/11 Page1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 12 SAN JOSE DIVISION SYNTHES USA, LLC (f/k/a SYNTHES (U.S.A.)), 13 14 15 16 Plaintiff, v. SPINAL KINETICS, INC., Defendant. 17 18 AND RELATED COUNTERCLAIMS. CASE NO. 5:09-CV-01201 RMW [PROPOSED] ORDER GRANTING SPINAL KINETICS, INC.’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL: (1) SPINAL KINETICS’ SUBMISSION RE: NONINFRINGEMENT POSITIONS THAT SYNTHES WAS ON NOTICE DURING FACT AND EXPERT DISCOVERY PERIODS; AND (2) CERTAIN EXHIBITS IN SUPPORT THEREOF Hon. Ronald M. Whyte 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER GRANTING ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL Case5:09-cv-01201-RMW Document426-1 1 Filed11/09/11 Page2 of 2 The Court, having considered Spinal Kinetics, Inc.’s Administrative Motion To File 2 Under Seal: (1) Spinal Kinetics’ Submission re: Non-infringement Positions that Synthes was on 3 Notice of During the Fact and Expert Discovery Periods (“Submission”) and (2) Certain Exhibits 4 in support thereof as well as the Declaration of Ehab M. Samuel in support of the Administrative 5 Motion, finds that good cause exists pursuant to Civil Local Rule 79-5 and hereby orders that the 6 Administrative Motion to File Under Seal is GRANTED in its entirety. 7 The clerk shall maintain under Seal the Confidential Version of (1) Spinal Kinetics’ 8 Submission re: Non-infringement Positions that Synthes was on Notice of During the Fact and 9 Expert Discovery Periods; and (2) Exhibits B, I, J, L, M, N, and Q in support. 10 IT IS SO ORDERED. 11 12 Dated: November 23 , 2011 HON. RONALD M. WHYTE United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -1- [PROPOSED] ORDER GRANTING ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL

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