Avago Technologies Fiber IP (Singapore) PTE. Ltd. v. IPtronics Inc. et al

Filing 623

ORDER RE: MOTIONS TO SEAL by Judge Paul S. Grewal granting in part and denying in part 581 ; granting in part and denying in part 583 ; granting 585 ; granting 594 ; granting 596 ; granting 601 ; granting 610 . (psglc1S, COURT STAFF) (Filed on 6/30/2015)

1
2
3
4
5
6
7
8
9

United States District Court
For the Northern District of California

10

UNITED STATES DISTRICT COURT

11

NORTHERN DISTRICT OF CALIFORNIA

12

SAN JOSE DIVISION

13

AVAGO TECHNOLOGIES, INC., et al.,

14
Plaintiffs,
15
16

v.
IPTRONICS INC., et al.,

17

Defendants.

18

21
22

Case No.: 5:10-cv-02863-EJD
ORDER RE: MOTIONS TO SEAL
(Re: Docket Nos. 581, 583, 585, 594,
596, 601, 610)

Before the court are seven administrative motions to file various documents under seal.1

19
20

)
)
)
)
)
)
)
)
)

“Historically, courts have recognized a ‘general right to inspect and copy public records and
documents, including judicial records and documents.’”2 Accordingly, when considering a sealing
request, “a ‘strong presumption in favor of access’ is the starting point.”3 Parties seeking to seal

23
24

judicial records relating to dispositive motions bear the burden of overcoming the presumption

25

1

26

2

27

Kamakana v. City & County of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v.
Warner Commc’ns, Inc., 435 U.S. 589, 597 & n. 7 (1978)).
3

28

See Docket Nos. 563.

Id. (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003)).
1

Case No.: 5:10-cv-02863-EJD
ORDER RE: MOTIONS TO SEAL

1
2

with “compelling reasons” that outweigh the general history of access and the public policies
favoring disclosure.4

3

However, “while protecting the public's interest in access to the courts, we must remain

4

mindful of the parties' right to access those same courts upon terms which will not unduly harm

5

their competitive interest.”5 Records attached to nondispositive motions therefore are not subject

6

to the strong presumption of access.6 Because the documents attached to nondispositive motions

7
8
9

“are often unrelated, or only tangentially related, to the underlying cause of action,” parties moving
to seal must meet the lower “good cause” standard of Rule 26(c).7 As with dispositive motions, the

United States District Court
For the Northern District of California

10

standard applicable to nondispositive motions requires a “particularized showing”8 that “specific

11

prejudice or harm will result” if the information is disclosed.9 “Broad allegations of harm,

12

unsubstantiated by specific examples of articulated reasoning” will not suffice.10 A protective

13
14

order sealing the documents during discovery may reflect the court’s previous determination that
good cause exists to keep the documents sealed,11 but a blanket protective order that allows the

15
16
17

parties to designate confidential documents does not provide sufficient judicial scrutiny to
determine whether each particular document should remain sealed.12

18
4

Id. at 1178-79.

5

Apple Inc. v. Samsung Electronics Co., Ltd., 727 F.3d 1214, 1228-29 (Fed. Cir. 2013).

6

See id. at 1180.

7

Id. at 1179 (internal quotations and citations omitted).

8

Id.

19
20
21
22
23
9

24

Phillips ex rel. Estates of Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002);
see Fed. R. Civ. P. 26(c).

25

10

Beckman Indus., Inc. v. Int’l Ins. Co., 966 F.2d 470, 476 (9th Cir. 1992).

26

11

See Kamakana, 447 F.3d at 1179-80.

27

12

28

See Civ. L.R. 79-5(d)(1)(A) (“Reference to a stipulation or protective order that allows a party to
designate certain documents as confidential is not sufficient to establish that a document, or
portions thereof, are sealable.”).
2
Case No.: 5:10-cv-02863-EJD
ORDER RE: MOTIONS TO SEAL

In addition to making particularized showings of good cause, parties moving to seal

1
2

documents must comply with the procedures established by Civ. L.R. 79-5. Pursuant to

3

Civ. L.R. 79-5(b), a sealing order is appropriate only upon a request that establishes the document

4

is “sealable,” or “privileged or protectable as a trade secret or otherwise entitled to protection under

5
6

the law.” “The request must be narrowly tailored to seek sealing only of sealable material, and
must conform with Civil L.R. 79-5(d).”13 “Within 4 days of the filing of the Administrative

7
8
9

Motion to File Under Seal, the Designating Party must file a declaration as required by subsection
79-5(d)(1)(A) establishing that all of the designated material is sealable.”14
With these standards in mind, the court rules on the instant motion as follows:

United States District Court
For the Northern District of California

10
11
12

Motion
to Seal

13

581-4

Plaintiffs’ Opposition to
Defendants Motion to
Strike In Part the Avago
Entities Infringement
Contentions

Designations highlighted in
yellow SEALED.

Sealed portions
narrowly tailored to
confidential business
information.

581-6

Declaration of Floyd
Anderson In Support of
Plaintiffs’ Opposition

Designations highlighted in
yellow SEALED.

Sealed portions
narrowly tailored to
confidential business
information.

581-8

Declaration of Kenneth
Pedrotti In Support of
Plaintiffs’ Opposition

Designations highlighted in
yellow SEALED.

Sealed portions
narrowly tailored to
confidential business
information.

14
15
16
17

Document to be Sealed

Result

Reason/Explanation

18
19
20
21
22
23
24
25
26
27

13

Civ. L.R. 79-5(b). In part, Civ. L.R. 79-5(d) requires the submitting party to attach a “proposed
order that is narrowly tailored to seal only the sealable material” which “lists in table format each
document or portion thereof that is sought to be sealed,” Civ. L.R. 79-5(d)(1)(b), and an
“unreadacted version of the document” that indicates “by highlighting or other clear method, the
portions of the document that have been omitted from the redacted version.”
Civ. L.R. 79-5(d)(1)(d).

14

28

Civ. L.R. 79-5(e)(1).
3

Case No.: 5:10-cv-02863-EJD
ORDER RE: MOTIONS TO SEAL

2

58110/5871

Exhibit A to Chang
Declaration

Only designations highlighted in
yellow at Docket No. 587-1
SEALED; remainder
UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

58112/5872

Exhibit B to Chang
Declaration

Only designations highlighted in
yellow at Docket No. 587-2
SEALED; remainder
UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

58114/5873

Exhibit C to Chang
Declaration

Only designations highlighted in
yellow at Docket No. 587-3
SEALED; remainder
UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

581-16

Exhibit D to Chang
Declaration

SEALED.

Sealed portions
narrowly tailored to
confidential business
information.

581-18

Exhibit E to Chang
Declaration

SEALED.

Sealed portions
narrowly tailored to
confidential business
information.

581-20

Exhibit F to Chang
Declaration

SEALED.

Sealed portions
narrowly tailored to
confidential business
information.

581-22

Exhibit G to Chang
Declaration

SEALED.

Sealed portions
narrowly tailored to
confidential business
information.

581-24

Exhibit H to Chang
Declaration

SEALED.

Sealed portions
narrowly tailored to
confidential business
information.

581-26

Exhibit I to Chang
Declaration

SEALED.

Sealed portions
narrowly tailored to
confidential business
information.

581-28

1

Exhibit W to Chang
Declaration

SEALED.

Sealed portions
narrowly tailored to
confidential business
information.

3
4
5
6
7
8
9

United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
Case No.: 5:10-cv-02863-EJD
ORDER RE: MOTIONS TO SEAL

1

583-4

Plaintiffs’ Motion to
Amend Infringement
Contentions Pursuant to
Patent L.R. 3-6

Designations highlighted in
yellow SEALED.

Sealed portions
narrowly tailored to
confidential business
information.

5835/587-4

Exhibit 1 to Chang
Declaration

Only designations highlighted in
yellow at Docket No. 587-4
SEALED; remainder
UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

5836/587-5

Exhibit 2 to Chang
Declaration

Only designations highlighted in
yellow at Docket No. 587-5
SEALED; remainder
UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

5837/587-6

Exhibit 3 to Chang
Declaration

Only designations highlighted in
yellow at Docket No. 587-6
SEALED; remainder
UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

5838/587-7

Exhibit 4 to Chang
Declaration

Only designations highlighted in
yellow at Docket No. 587-7
SEALED; remainder
UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

5839/587-8

Exhibit 5 to Chang
Declaration

Only designations highlighted in
yellow at Docket No. 587-8
SEALED; remainder
UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

58310/5879

Exhibit 6 to Chang
Declaration

Only designations highlighted in
yellow at Docket No. 587-9
SEALED; remainder
UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

58311/58710

Exhibit7 to Chang
Declaration

Only designations highlighted in
yellow at Docket No. 587-10
SEALED; remainder
UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

58312/58711

Exhibit 8 to Chang
Declaration

Only designations highlighted in
yellow at Docket No. 587-11
SEALED; remainder
UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

58313/58712

Exhibit 9 to Chang
Declaration

Only designations highlighted in
yellow at Docket No. 587-12
SEALED; remainder
UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

2
3
4
5
6
7
8
9

United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

5
Case No.: 5:10-cv-02863-EJD
ORDER RE: MOTIONS TO SEAL

2

58314/58713

Exhibit 10 to Chang
Declaration

Only designations highlighted in
yellow at Docket No. 587-13
SEALED; remainder
UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

58315/58714

Exhibit 11 to Chang
Declaration

Only designations highlighted in
yellow at Docket No. 587-14
SEALED; remainder
UNSEALED.

Only narrowly
tailored to
confidential business
information.

58316/58715

Exhibit 12 to Chang
Declaration

Only designations highlighted in
yellow at Docket No. 587-15
SEALED; remainder
UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

58317/58716

Exhibit 13 to Chang
Declaration

Only designations highlighted in
yellow at Docket No. 587-16
SEALED; remainder
UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

58318/58717

Exhibit 14 to Chang
Declaration

Only designations highlighted in
yellow at Docket No. 587-17
SEALED; remainder
UNSEALED.

Only narrowly
tailored to
confidential business
information.

585-3

Defendant’s Motion to
Strike In Part the Avago
Entities’ Infringement
Contentions

Designations highlighted in
green SEALED.

Sealed portions
narrowly tailored to
confidential business
information.

585-4

Exhibit 1 to Brandwajn
Declaration

Designations highlighted in
yellow SEALED.

Sealed portions
narrowly tailored to
confidential business
information.

585-5

Exhibit 2 to Brandwajn
Declaration

Designations highlighted in
yellow SEALED.

Sealed portions
narrowly tailored to
confidential business
information.

585-6

Exhibht 2, Ex. A and B to
Brandwajn Declaration

Designations highlighted in
yellow SEALED.

Sealed portions
narrowly tailored to
confidential business
information.

585-7

1

Exhibit 3 to Brandwajn
Declaration

Designations highlighted in
yellow SEALED.

Sealed portions
narrowly tailored to
confidential business
information.

3
4
5
6
7
8
9

United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

6
Case No.: 5:10-cv-02863-EJD
ORDER RE: MOTIONS TO SEAL

585-8

Exhibit 4 to Brandwajn
Declaration

Designations highlighted in
yellow SEALED.

Sealed portions
narrowly tailored to
confidential business
information.

585-9

Exhibit 5 to Brandwajn
Declaration

Designations highlighted in
yellow SEALED.

Sealed portions
narrowly tailored to
confidential business
information.

585-10

Exhibit 6 to Brandwajn
Declaration

Designations highlighted in
yellow SEALED.

Sealed portions
narrowly tailored to
confidential business
information.

585-11

Exhibit 7 to Brandwajn
Declaration

Designations highlighted in
yellow SEALED.

Sealed portions
narrowly tailored to
confidential business
information.

585-12

Exhibit 8 to Brandwajn
Declaration

Designations highlighted in
yellow SEALED.

Sealed portions
narrowly tailored to
confidential business
information.

585-13

Exhibit 9 to Brandwajn
Declaration

Designations highlighted in
yellow SEALED.

Sealed portions
narrowly tailored to
confidential business
information.

585-14

Exhibit 10 to Brandwajn
Declaration

Designations highlighted in
yellow SEALED.

Sealed portions
narrowly tailored to
confidential business
information.

585-15

Exhibit 11 to Brandwajn
Declaration

Designations highlighted in
yellow SEALED.

Sealed portions
narrowly tailored to
confidential business
information.

585-16

Exhibit 12 to Brandwajn
Declaration

Designations highlighted in
yellow SEALED.

Sealed portions
narrowly tailored to
confidential business
information.

594-4

1

Declaration of Henning
Lysdal in Support of
Defendants’ Motion to
Strike in Part the Avago
Entities’ Infringement
Contentions

Designations highlighted in
yellow SEALED.

Sealed portions
narrowly tailored to
confidential business
information.

2
3
4
5
6
7
8
9

United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
7
Case No.: 5:10-cv-02863-EJD
ORDER RE: MOTIONS TO SEAL

596-4

Plaintiffs’ Motion to
Compel the Production of
Documents and Things

Designations highlighted in
yellow SEALED.

Sealed portions
narrowly tailored to
confidential business
information.

596-6

1

Exhibit T to Hunacek
Declaration

SEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

601-4

Defendants’ Opposition to
the Avago Entities’
Motion to Amend
Infringement Contentions
Pursuant to Patent L.R. 3-6
Avago’s Reply Brief in
support of Motion To
Amend Infringement
Contentions

Designations highlighted in
green SEALED.

Sealed portions
narrowly tailored to
confidential business
information.

Designations highlighted in
yellow SEALED.

Sealed portions
narrowly tailored to
confidential business
information.

2
3
4
5
6
7
8
9

United States District Court
For the Northern District of California

10

610-4

11
12

SO ORDERED.

13

Dated: June 30, 2015

14

_________________________________
PAUL S. GREWAL
United States Magistrate Judge

15
16
17
18
19
20
21
22
23
24
25
26
27
28
8
Case No.: 5:10-cv-02863-EJD
ORDER RE: MOTIONS TO SEAL