Good Technology Corporation et al v. MobileIron, Inc.

Filing 289

OMNIBUS ORDER RE: MOTIONS TO SEAL by Judge Paul S. Grewal granting-in-part 255 ; granting 261 ; granting-in-part 265 (psglc3S, COURT STAFF) (Filed on 4/30/2015)

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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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GOOD TECHNOLOGY CORPORATION and )
GOOD TECHNOLOGY SOFTWARE, INC.,
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Plaintiffs,
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v.
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MOBILEIRON, INC.,
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Defendant.
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Case No. 5:12-cv-05826-PSG
OMNIBUS ORDER RE: MOTIONS
TO SEAL
(Re: Docket Nos. 255, 261, 265)

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

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

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

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

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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

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

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Id. at 1178-79.

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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

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

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

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

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“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

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

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

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

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

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

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

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

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

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See id. at 1180.

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

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Id.

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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).

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

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

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

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

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

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

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

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

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

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Motion
to Seal

Result

Reason/Explanation

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Exhibit 1 to the Declaration All text at Docket 255-5
of Eric C. Green
SEALED except text at 15:117:8 and 232:12-233:6
UNSEALED.

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Exhibit 2 to the Declaration Designations in yellow at Docket Only sealed portions
of Eric C. Green
No. 255-7 SEALED; all other
narrowly tailored to
designations UNSEALED.
confidential business
information.

255

Exhibit 3 to the Declaration Designations in yellow at Docket Only sealed portions
of Eric C. Green
No. 255-10 SEALED; all other
narrowly tailored to
designations UNSEALED.
confidential business
information.

255

Exhibit 4 to the Declaration Designations in yellow at Docket Only sealed portions
of Eric C. Green
No. 255-12 SEALED; all other
narrowly tailored to
designations UNSEALED.
confidential business
information.

255

Exhibit 5 to the Declaration Designations in yellow at Docket Only sealed portions
of Eric C. Green
No. 255-14 SEALED; all other
narrowly tailored to
designations UNSEALED.
confidential business
information.

255

Exhibit 6 to the Declaration SEALED
of Eric C. Green

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United States District Court
For the Northern District of California

Document to be Sealed

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Only sealed portions
narrowly tailored to
confidential business
information.

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Narrowly tailored to
confidential business

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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).
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Civ. L.R. 79-5(e)(1).
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Case No. 5:12-cv-05826-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL

information.

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255

Exhibit 7 to the Declaration SEALED
of Eric C. Green

Narrowly tailored to
confidential business
information.

255

Exhibit 8 to the Declaration SEALED
of Eric C. Green

Narrowly tailored to
confidential business
information.

255

Exhibit 9 to the Declaration SEALED
of Eric C. Green

Narrowly tailored to
confidential business
information.

255

Exhibit 11 to the
Declaration of Eric C.
Green

Text at Docket No. 255-19 at
Only sealed portions
377:3-25 SEALED; all other text narrowly tailored to
UNSEALED.
confidential business
information.

255

Exhibit 12 to the
Declaration of Eric C.
Green

Designations in yellow at Docket Only sealed portions
No. 255-21 SEALED; all other
narrowly tailored to
designations UNSEALED.
confidential business
information.

255

Exhibit 14 to the
Declaration of Eric C.
Green

Designations in yellow at Docket
No. 255-23 at ¶¶ 20, 23 and 48
SEALED; all other designations
UNSEALED.

255

Exhibit 16 to the
Declaration of Eric C.
Green

Designations in yellow at Docket Only sealed portions
No. 255-25 SEALED; all other
narrowly tailored to
designations UNSEALED.
confidential business
information.

255

Exhibit 18 to the
Declaration of Eric C.
Green

UNSEALED

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

255

Exhibit 19 to the
Declaration of Eric C.
Green

UNSEALED

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

255

Exhibit 25 to the
Declaration of Eric C.
Green

SEALED

Narrowly tailored to
confidential business
information.

255

Exhibit 26 to the
Declaration of Eric C.
Green

UNSEALED

Not narrowly tailored
to confidential
business information.

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United States District Court
For the Northern District of California

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Only sealed portions
narrowly tailored to
confidential business
information.

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

See Civ. L.R. 795(d)(1)(A).

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255

Exhibit 27 to the
Declaration of Eric C.
Green

SEALED

Narrowly tailored to
confidential business
information.

255

Exhibit 28 to the
Declaration of Eric C.
Green

Top email at Docket No. 255-33
SEALED; original email being
forwarded UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

255

Exhibit 29 to the
Declaration of Eric C.
Green

Designations in yellow at Docket Only sealed portions
No. 255-35 SEALED; all other
narrowly tailored to
designations UNSEALED.
confidential business
information.

255

Exhibit 30 to the
Declaration of Eric C.
Green

SEALED

Narrowly tailored to
attorney work
product and
confidential business
information.

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Exhibit 31 to the
Declaration of Eric C.
Green

SEALED

Narrowly tailored to
attorney work
product and
confidential business
information.

255

Exhibit 32 to the
Declaration of Eric C.
Green

Designations in yellow at Docket
No. 255-40 at ¶¶ 227-229 and
329 SEALED; all other
designations UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

255

Good’s Opposition to
MobileIron’s Motion for
Summary Judgment of
Non-Infringement and
Invalidity

Designations in yellow at Docket
No. 255-4 at 5:25-28, 6:1-13,
6:15-17, 6:22-26, 7:1-3, 7:7-10,
7:15-17, 7:20-24, 8:7-11, 8:1623, 9:1-2, 9:7-9, 13:11-23, 14:36, 14:13-14, 14:23-27, 16:19-21,
16:26-28, 17:5, 25:14-22, 25:27,
26:1-2, 26:4, 26:17-25, 28:2425, 29:26-28, 44:5-12, 46:18-22,
47:2-4, 47:10-11, 47:14-17,
48:11-14, and 48:16-17
SEALED; all other designations
UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

261

Exhibit 2 to the Declaration Designations in yellow at Docket Only sealed portions
of Joel Stonedale
No. 261-6 SEALED; all other
narrowly tailored to
designations UNSEALED.
confidential business
information.

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United States District Court
For the Northern District of California

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

261

Motion to Strike Portions
of Defendant’s Expert
Report Regarding
Defendant’s Infringement
Counterclaim

Designations in yellow at Docket Only sealed portions
No. 261-4 SEALED; all other
narrowly tailored to
designations UNSEALED.
confidential business
information.

265

Exhibit 41 to the
Declaration of Vickie
Freeman

SEALED

Narrowly tailored to
confidential business
information.

265

Exhibit 42 to the
Declaration of Vickie
Freeman

SEALED

Narrowly tailored to
confidential business
information.

265

Exhibit 43 to the
Declaration of Vickie
Freeman

SEALED

Narrowly tailored to
confidential business
information.

265

Exhibit 34 to the
Declaration of Glen Lui

UNSEALED

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

265

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Exhibit 35 to the
Declaration of Glen Lui

SEALED

Narrowly tailored to
confidential business
information.

265

Exhibit 37 to the
Declaration of Glen Lui

SEALED

Narrowly tailored to
confidential business
information.

265

MobileIron, Inc.’s Reply in
Support of the Motion for
Summary Judgment of
Non-Infringement and
Invalidity

Designations in yellow at Docket
No. 265-8 at 2:4-28, 4:25-28,
7:10-21, 8:1, 9:2-3, 9:10-12 and
17:27-28 SEALED; all other
designations UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

265

MobileIron, Inc.’s Reply in
Support for the Motion for
Summary Judgment on
Lost Profits

Designations in yellow at Docket
No. 265-5 at i:11-12, 2:8-9,
4:11-12, 5:5, 5:20-22, 8:6-7,
10:9-28, 11:1, 11:19-26 and
12:15 SEALED; all other
designations UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

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United States District Court
For the Northern District of California

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