Nazomi Communications Inc v. Nokia Corporation et al

Filing 438

ORDER re 435 Order on Administrative Motion to File Under Seal, 436 Declaration in Support, filed by ARM LTD., ARM Inc, 379 Administrative Motion to File Under Seal filed by Nazomi Communications Inc (rmwlc1, COURT STAFF) (Filed on 3/29/2013)

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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Case No. 5:10-cv-4686-RMW

Nazomi Communications, Inc.,
Plaintiff,

[Re: Dkt. Nos. 379, 436]

v.
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Nokia Corp., et al.
Defendants.

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PROPOSED ORDER SEALING EXHIBITS FILED IN CONNECTION WITH
NAZOMI’S OPPOSITION TO WESTERN DIGITAL AND SLING’S RENEWED
MOTION FOR SUMMARY JUDGMENT

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Plaintiff Nazomi Communications, Inc. (“Nazomi”) filed Nazomi’s Administrative

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Motion to File Under Seal (Dkt. No. 379) in connection with Nazomi’s Opposition to Western

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Digital and Sling’s Renewed Motion for Summary Judgment of Noninfringement (“the

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Opposition”). Pursuant to Civil L.R. 79-5(d), Nazomi moved to seal certain documents and

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information designated as “Highly Confidential – Source Code” under the protective order (Dkt.

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No. 193) by Defendants-Intervenors ARM Ltd. and ARM, Inc. (collectively, “ARM”).

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For the purpose of establishing that the designated information is sealable, ARM is filing

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the Declaration of Robert Calico in support of sealing the Opposition and exhibits thereto. The

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Calico Declaration provides sufficient evidence that the documents and information designated as

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Proposed Order
Case Nos. 5:10-cv-4686 (RMW)

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confidential by ARM and submitted under seal by Nazomi are “privileged or protectable as a
trade secret or otherwise entitled to protection under the law” and thus sealable. Civil L.R. 795(a).

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Accordingly, IT IS HEREBY ORDERED that the following documents shall be filed
under seal:
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Pages 7-9, 12, 15-32, 35-44, 46-88, 90-95, 98-105, 110-140, and 144-154 of Exhibit 2 to
the Declaration of Jonathan Babb (“the Babb Declaration”);

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Pages 5-6, 9-11, 14-20, 24-41, 47-108, 111, and 112 of Exhibit 3 to the Babb Declaration;

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Pages 7-9, 12, 15-32, 35-44, 46-88, 90-93, 98-104, 108-140, 144-155 of Exhibit 4 to the

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Babb Declaration;
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Pages 6-7, 10-12, 15-21, 25-42, 48-68, 71-84, 88-94, 96-109, 112-113 of Exhibit 5 to the
Babb Declaration;

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The following page/line citations of Exhibit D to the Declaration of Frank Liu (“Liu
Declaration”): 46:25-47:13; 47:19-23; 48:1-12

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IT IS SO ORDERED
March 29
DATED: _____________, 2013

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___________________________
Honorable Ronald M. Whyte
United States District Court Judge

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Proposed Order
Case Nos. 5:10-cv-4686 (RMW)

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