Good Technology Corporation et al v. MobileIron, Inc.

Filing 249

OMNIBUS ORDER RE: MOTIONS TO SEAL by Judge Paul S. Grewal granting-in-part 219 ; denying 224 ; granting-in-part 226 ; denying 230 ; granting-in-part 234 ; granting-in-part 236 (psglc3S, COURT STAFF) (Filed on 4/15/2015)

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9

SAN JOSE DIVISION

United States District Court
For the Northern District of California

10
11
12
13
14
15
16

GOOD TECHNOLOGY CORPORATION and )
GOOD TECHNOLOGY SOFTWARE, INC.,
)
)
Plaintiffs,
)
)
v.
)
)
MOBILEIRON, INC.,
)
)
Defendant.
)
)

Case No. 5:12-cv-05826-PSG
OMNIBUS ORDER RE: MOTIONS
TO SEAL
(Re: Docket Nos. 219, 224, 226, 230, 234,
236)

Before the court are six administrative motions to seal documents. “Historically, courts

17
18

have recognized a ‘general right to inspect and copy public records and documents, including

19

judicial records and documents.’” 1 Accordingly, when considering a sealing request, “a ‘strong

20

presumption in favor of access’ is the starting point.” 2 Parties seeking to seal judicial records

21
22

relating to dispositive motions bear the burden of overcoming the presumption with “compelling
reasons” that outweigh the general history of access and the public policies favoring disclosure. 3

23
24
25
26

1

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)).
2

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

3

Id. at 1178-79.

27
28

1
Case No. 5:12-cv-05826-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL

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

1
2

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

3

their competitive interest.” 4 Records attached to nondispositive motions therefore are not subject

4

to the strong presumption of access. 5 Because the documents attached to nondispositive motions

5
6
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). 6 As with dispositive motions, the
standard applicable to nondispositive motions requires a “particularized showing” 7 that “specific
prejudice or harm will result” if the information is disclosed. 8 “Broad allegations of harm,

United States District Court
For the Northern District of California

10

unsubstantiated by specific examples of articulated reasoning” will not suffice. 9 A protective order

11

sealing the documents during discovery may reflect the court’s previous determination that good

12

cause exists to keep the documents sealed, 10 but a blanket protective order that allows the parties to

13
14

designate confidential documents does not provide sufficient judicial scrutiny to determine whether
each particular document should remain sealed. 11

15
In addition to making particularized showings of good cause, parties moving to seal

16
17

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

18

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

19

4

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

20

5

See id. at 1180.

21

6

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

22

7

Id.

23

8

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).

9

25

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

10

26

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

11

27
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. 5:12-cv-05826-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL

1

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

2

the law.” “The request must be narrowly tailored to seek sealing only of sealable material, and

3

must conform with Civil L.R. 79-5(d).” 12 “Within 4 days of the filing of the Administrative

4

Motion to File Under Seal, the Designating Party must file a declaration as required by subsection

5

79-5(d)(1)(A) establishing that all of the designated material is sealable.” 13

6

With these standards in mind, the court rules on the instant motions as follows:

7
8
9

Motion
to Seal

Result

Reason/Explanation

219

Declaration of Earl
Sacerdoti

Text at Docket No. 219-6 at 1:86:4 SEALED; all other text
UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

219

Declaration of Stephen
Gray

Text at Docket No. 219-8 at 1:93:2 and 4:23-7:7 SEALED; all
other text UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

219

Declaration of Jesse
Lindeman

SEALED

Narrowly tailored to
confidential business
information.

219

Exhibit 3 to the Declaration UNSEALED
of Vickie Feeman

Not narrowly tailored
to confidential
business information.

219

Exhibit 4 to the Declaration SEALED
of Vickie Feeman

Narrowly tailored to
confidential business
information.

219

Exhibit 9 to the Declaration SEALED
of Vickie Feeman

Narrowly tailored to
confidential business
information.

219

Exhibit 11 to the
Declaration of Vickie

No declaration in
support filed with the

10
United States District Court
For the Northern District of California

Document to be Sealed

11
12
13
14
15
16
17
18
19
20
21
22
23
24

UNSEALED

12

25
26
27
28

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
“unredacted 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).
13

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

Case No. 5:12-cv-05826-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL

Feeman

1
2

court as required by
Civ. L.R. 79-5(e)(1).

219

Exhibit 12 to the
Declaration of Vickie
Feeman

UNSEALED

No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).

219

Exhibit 13 to the
Declaration of Vickie
Feeman

UNSEALED

No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).

219

Exhibit 15 to the
Declaration of Vickie
Feeman

UNSEALED

No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).

219

Exhibit 16 to the
Declaration of Vickie
Feeman

UNSEALED

No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).

219

Exhibit 17 to the
Declaration of Vickie
Feeman

UNSEALED

No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).

219

Exhibit 18 to the
Declaration of Vickie
Feeman

UNSEALED

No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).

219

Exhibit 21 to the
Declaration of Vickie
Feeman

UNSEALED

No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).

219

Exhibit 28 to the
Declaration of Vickie
Feeman

SEALED

Narrowly tailored to
confidential business
information.

219

Exhibit 29 to the
Declaration of Vickie
Feeman

UNSEALED

No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).

219

Exhibit 33 to the
Declaration of Vickie
Feeman

UNSEALED

Not narrowly tailored
to confidential
business information.

219

Exhibit 36 to the
Declaration of Vickie

SEALED

Narrowly tailored to
attorney work

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. 5:12-cv-05826-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL

Feeman

1

product and
confidential business
information.

2
219

Exhibit 37 to the
Declaration of Vickie
Feeman

SEALED

Narrowly tailored to
attorney work
product and
confidential business
information.

219

Exhibit 38 to the
Declaration of Vickie
Feeman

SEALED

Narrowly tailored to
attorney work
product and
confidential business
information.

219

Exhibit 39 to the
Declaration of Vickie
Feeman

SEALED

Narrowly tailored to
attorney work
product and
confidential business
information.

219

Exhibit 40 to the
Declaration of Vickie
Feeman

SEALED

Narrowly tailored to
attorney work
product and
confidential business
information.

219

MobileIron’s Motion for
Summary Judgment of
Non-Infringement and
Invalidity of Plaintiffs’
Patents

Designations in yellow at Docket
No. 219-5 SEALED, except
designations in yellow at 5:2526, 12:18, 13:17-18, 16:9-11,
30:11-13 and 46:10-12
UNSEALED; all other
designations UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

224

Exhibit B to the
Declaration Joel Stonedale

UNSEALED

Not narrowly tailored
to confidential
business information.
See Civ. L.R. 795(d)(1)(A).

224

3

Good’s Reply in Support
of its Motion to Strike
Portions of Defendant’s
Expert Reports

UNSEALED

Not narrowly tailored
to confidential
business information.
See Civ. L.R. 795(d)(1)(A).

226

Exhibit 2 to the Declaration SEALED
of Lillian J. Mao

Narrowly tailored to
confidential business
information.

226

Exhibit 3 to the Declaration SEALED

Narrowly tailored to
confidential business

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. 5:12-cv-05826-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL

of Lillian J. Mao

information.

226

Exhibit 5 to the Declaration SEALED
of Lillian J. Mao

Narrowly tailored to
confidential business
information.

226

Exhibit 6 to the Declaration UNSEALED
of Lillian J. Mao

No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).

226

Exhibit 8 to the Declaration SEALED
of Lillian J. Mao

Narrowly tailored to
confidential business
information.

226

Declaration of Peter J.
Reiher, Ph.D.

Designations in yellow at Docket
No. 226-6 at ¶¶ 107-8 SEALED;
all other designations
UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

226

MobileIron’s Opposition to
Plaintiffs’ Motion for
Summary Judgment of
Non-Infringement and
Non-Validity of
MobileIron’s ’016 Patent

UNSEALED

No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).

230

Joint Discovery Letter
Brief

UNSEALED

No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).

230

Exhibit A to the
Declaration of Glen Liu

UNSEALED

No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).

230

Exhibit B to the
Declaration of Glen Liu

UNSEALED

No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).

230

Exhibit 1 to the Declaration UNSEALED
of Glen Liu

No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).

234

Exhibit 3 to the Declaration UNSEALED
of Robert J. Muller

Not narrowly tailored
to confidential
business information.

234

Exhibit 4 to the Declaration SEALED
of Robert J. Muller

Narrowly tailored to
confidential business

1
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

6
Case No. 5:12-cv-05826-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL

information.

1
234

Exhibit 5 to the Declaration Text at Docket No. 234-8 at
of Robert J. Muller
9:21-26 SEALED; all other text
UNSEALED

Only sealed portions
narrowly tailored to
confidential business
information.

234

Exhibit 6 to the Declaration SEALED
of Robert J. Muller

Narrowly tailored to
confidential business
information.

234

2

Exhibit 7 to the Declaration Text at Docket No. 234-10 at
of Robert J. Muller
8:21-23 SEALED; all other text
UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

234

Exhibit 8 to the Declaration SEALED
of Robert J. Muller

Narrowly tailored to
confidential business
information.

234

Exhibit 9 to the Declaration Text at Docket No. 234-12 at
of Robert J. Muller
6:22-7:8 SEALED; all other text
UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

234

Exhibit 10 to the
Declaration of Robert J.
Muller

SEALED

Narrowly tailored to
confidential business
information.

234

Exhibit 11 to the
Declaration of Robert J.
Muller

SEALED

Narrowly tailored to
confidential business
information.

234

Exhibit 12 to the
Declaration of Robert J.
Muller

SEALED

Narrowly tailored to
confidential business
information.

234

Good’s Opposition to
Defendant MobileIron’s
Motion for Summary
Judgment on Lanham Act
and Unfair Competition
Claims

Text at Docket No. 234-5 at 4:56, 4:11-16 and 5:17-18
SEALED; all other text
UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

236

Exhibit 2 to the Declaration SEALED
of Craig Tolliver

Narrowly tailored to
confidential business
information.

236

Exhibit 3 to the Declaration UNSEALED
of Craig Tolliver

Not narrowly tailored
to confidential
business information.
See Civ. L.R. 795(d)(1)(A).

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. 5:12-cv-05826-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL

236

Exhibit 4 to the Declaration SEALED
of Craig Tolliver

Narrowly tailored to
confidential business
information.

236

Exhibit 5 to the Declaration Text at Docket No. 236-8 at ¶ 37
of Craig Tolliver
sentences 4, 7, 9 and footnote
45; ¶ 38, sentences 4 and 5; ¶ 69
(excerpt); ¶ 70; ¶ 71, sentences
4, 5, 6, and 7; ¶ 73, sentence 1;
and ¶ 113 SEALED; all other
text UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

236

Exhibit 6 to the Declaration Text at Docket No. 236-9 at ¶¶
of Craig Tolliver
76-83 and ¶¶ 224-226 and
accompanying diagrams
SEALED; all other text
UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

236

Exhibit 7 to the Declaration SEALED
of Craig Tolliver

Narrowly tailored to
confidential business
information.

236

Exhibit 12 to the
Declaration of Craig
Tolliver

SEALED

Narrowly tailored to
confidential business
information.

236

Exhibit 13 to the
Declaration of Craig
Tolliver

SEALED

Narrowly tailored to
confidential business
information.

236

Exhibit 14 to the
Declaration of Craig
Tolliver

SEALED

Narrowly tailored to
confidential business
information.

236

Exhibit 15 to the
Declaration of Craig
Tolliver

SEALED

Narrowly tailored to
confidential business
information.

236

1

Exhibit 16 to the
Declaration of Craig
Tolliver

SEALED

Narrowly tailored to
confidential business
information.

236

Exhibit 17 to the
Declaration of Craig
Tolliver

SEALED

Narrowly tailored to
confidential business
information.

236

Exhibit 18 to the
Declaration of Craig
Tolliver

SEALED

Narrowly tailored to
confidential business
information.

236

Exhibit 19 to the

Text at Docket No. 236-18 at ¶

Only sealed portions

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

8
Case No. 5:12-cv-05826-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL