A10 Networks Inc v. Brocade Communications Systems Inc et al

Filing 80

ORDER by Judge Lucy H. Koh granting 62 Administrative Motion to File Under Seal; granting 68 Administrative Motion to File Under Seal; granting 70 Administrative Motion to File Under Seal. (lhklc1, COURT STAFF) (Filed on 5/29/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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Plaintiff,
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v.
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BROCADE COMMUNICATIONS
SYSTEMS, INC., a Delaware corporation; F5 )
NETWORKS, INC., a Washington corporation, )
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Defendants.
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A10 NETWORKS, INC.,
a California corporation,

Case No.: 5:11-CV-05493-LHK
ORDER GRANTING MOTIONS TO
FILE UNDER SEAL

Before the Court are three administrative motions to file under seal portions of the briefs

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and exhibits related to Brocade’s pending motion to dismiss. ECF Nos. 62 (“Brocade’s first

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sealing motion”), 68 (“A10’s sealing motion”), 70 (“Brocade’s second sealing motion”). Pursuant

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to Civil Local Rule 79-5(a), an order authorizing the sealing of a particular document or portion of

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a particular document “may issue only upon a request that establishes that the document, or

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portions thereof, is privileged or protectable as trade secret or otherwise entitled to protection under

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the law.” The Court rules on each of these motions in turn.

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A. Brocade’s First Sealing Motion

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Brocade’s first sealing motion seeks leave, pursuant to Local Rules 7-11 and 79-5(b), to file

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under seal the following: the entirety of Exhibit B and portions of Exhibit C to the Declaration of
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Case No.: 5:11-CV-05493-LHK
ORDER GRANTING MOTIONS TO FILE UNDER SEAL

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Teri H.P. Nguyen in support of Brocade’s first sealing motion. ECF No. 62-1. Exhibit B is a

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January 31, 2011 Patent Assignment Agreement (“PAA”) between A10 Networks, Inc.-Taiwan and

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the Industrial Technology Research Institute. Id. ¶ 2. Exhibit C is Brocade’s memorandum of

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points and authorities in support of its motion to dismiss A10’s first amended complaint. Id.

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Exhibit B was produced under the protective order and designated by A10 as “Highly Confidential

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- Outside Counsel’s Eyes Only.” Id. ¶ 3. The portions of Exhibit C Brocade seeks to file under

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seal reference Exhibit B. Id.

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On February 3, 2012, A10 filed the Declaration of Mark A. Flagel in support of Brocade’s
first sealing motion pursuant to Local Rule 79-5(d) (“Flagel Declaration I’). ECF No. 65. A10

United States District Court
For the Northern District of California

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contends that Exhibit B contains “confidential, sensitive and proprietary information that could be

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used by A10’s competitors and others to the detriment of A10, should this document be released to

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the general public.” Id. ¶ 2. A10 further argues that proposed redacted portions of Exhibit C refer

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to and disclose the “confidential, sensitive and proprietary information” contained in Exhibit B.

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Exhibit B, the PAA, contains confidential terms agreed to by A10 Networks, Inc.-Taiwan

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and the Industrial Technology Research Institute. The Court has reviewed Exhibit B and concludes

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that it is sealable in its entirety because it contains confidential, sensitive and proprietary

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information that could harm A10 if publicly released. The Court has also reviewed the proposed

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redactions to Exhibit C and finds that the proposed redactions are narrowly tailored and sealable

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because they quote from or otherwise reference information in Exhibit B. Accordingly, the Court

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GRANTS Brocade’s First Sealing Motion. Brocade shall file Exhibits B and C under seal by

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2012. Brocade shall redact, as proposed, Exhibit C and publicly e-file the redacted version of

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Exhibit C by

, 2012.

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B. A10’s Sealing Motion

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A10’s sealing motion seeks leave, pursuant to Local Rules 7-11, 79-5(c), and 79-5(d), to

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file under seal portions of A10’s opposition to Brocade’s motion to dismiss and portions of the

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Declaration of Henry Liang in Support of A10’s Opposition (“Liang Declaration”). ECF No. 68.

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The Court has reviewed the proposed redactions to A10’s opposition and the Liang Declaration and

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finds them sealable because the proposed redactions to both documents are narrowly tailored and
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Case No.: 5:11-CV-05493-LHK
ORDER GRANTING MOTIONS TO FILE UNDER SEAL

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refer to and disclose the confidential, sensitive, and proprietary information contained in the PAA,

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which, as discussed above, the Court finds sealable. Accordingly, the Court GRANTS A10’s

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sealing motion. A10 shall file its opposition and the Liang Declaration under seal by

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2012. A10 shall redact, as proposed, its opposition and the Liang declaration and publicly e-file

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the redacted versions of these documents by

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, 2012.

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C. Brocade’s Second Sealing Motion

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Brocade’s second sealing motion seeks leave, pursuant to Local Rules 7-11 and 79-5(b), to

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file under seal portions of Brocade’s Reply to A10’s opposition. ECF No. 70. On February 23,

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2012, A10 filed the Declaration of Mark Flagel in support of Brocade’s second sealing motion

United States District Court
For the Northern District of California

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pursuant to Local Rule 79-5(d) (“Flagel Declaration II”). ECF No. 74.
The Court has reviewed the proposed redactions to Brocade’s Reply to A10’s opposition to

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Brocade’s motion to dismiss and finds the proposed redactions sealable because they refer to and

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disclose the confidential information contained in the PAA, which, as discussed above, the Court

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finds sealable. Accordingly, the Court GRANTS Brocade’s second sealing motion. Brocade shall

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file its reply under seal by

, 2012. Brocade shall redact, as proposed, its reply and publicly

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e-file its redacted reply by

, 2012.

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IT IS SO ORDERED.

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May 29, 2012
Dated: May 24, 2012

_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 5:11-CV-05493-LHK
ORDER GRANTING MOTIONS TO FILE UNDER SEAL