Tessera, Inc. v. Sony Corporation

Filing 99

Order Granting 94 Administrative Motion to File Under Seal. Signed by Hon. Edward J. Davila on 10/26/2012. (ecg, COURT STAFF) (Filed on 10/26/2012)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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TESSERA, INC., A DELAWARE CORPORATION.

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PLAINTIFF,
VS.

SONY CORPORATION, A JAPANESE
CORPORATION,
DEFENDANT.

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CASE NO: 5:11-CV-04399-EJD
XXXXXXXX
[PROPOSED] ORDER GRANTING
DEFENDANT’S ADMINISTRATIVE
MOTION FOR LEAVE TO FILE
DOCUMENTS UNDER SEAL
Judge: Hon. Edward J. Davila
Mag. Judge: Hon. Howard R. Lloyd

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Upon consideration of Sony Corporation’s (“Sony”) Administrative Motion for Leave to
File Documents Under Seal, the supporting Declaration of Aaron W. Moore, and Stipulation
filed therewith, and being otherwise fully informed in this regard, the Court finds there to be
compelling reason to grant Sony’s request to file documents under seal and further finds that:
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The unredacted version of Sony’s Motion for Relief from Non-Dispositive

Pretrial Order of Magistrate Judge Lloyd contains references to confidential and commercially
sensitive information, including references to and discussion of the confidential license
agreement between the parties, a confidential audit report conducted pursuant to that agreement,
confidential correspondence regarding the agreement and audit reports conducted pursuant to it,

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and interrogatory responses designated as confidential by Tessera. The Sony’s motion

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accordingly contains confidential and commercially sensitive information which overcomes the

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right of public access to the record. A substantial probability exists that protection of the

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commercially sensitive information will be prejudiced if the redacted portions of Sony’s Motion

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are not sealed. The proposed sealing is narrowly tailored because Sony seeks only to seal the

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redacted portions which comprise less than 10 full lines of the Motion. Because the only way to

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effectively prevent the deleterious effects of disclosing the confidential, commercially valuable

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information is to seal Sony’s Motion, no less restrictive means exist to achieve the overriding

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interest of the parties in the protection of their confidential and commercially valuable

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information.
2.

Additionally, Exhibits A-E to the Declaration of Aaron Moore in support of

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Sony’s Motion for Relief from Non-dispositive Pretrial Order of Magistrate Judge Lloyd

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constitute documents that contain confidential and commercially sensitive information and have

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been produced as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL

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ONLY” pursuant to the protective order in this case (Dkt. 41.) As the entirety of these

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documents are confidential, the sealing has been narrowly tailored because the only way to

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effectively prevent the deleterious effects of disclosing the confidential and commercially

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valuable information is to seal these exhibits. No less restrictive means exist to achieve the

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overriding interest of the parties in the protection of their confidential and commercially valuable

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information.

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3.

Sony shall file the unredacted version of Sony’s Motion and Exhibits A-E to the

Declaration of Aaron Moore under seal.
4.

Documents filed under seal shall remain sealed unless and until this Court orders

otherwise.
IT IS SO ORDERED that Sony’s Administrative Motion for Leave to File Documents

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Under Seal is GRANTED. Any member of the public has the right to challenge the sealing of a

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particular document subject to this Order.

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The Motion to Seal is GRANTED.
Dated:

10/26/2012

Hon. Edward J. Davila
United States District Court Judge