Good Technology Corporation et al v. MobileIron, Inc.
Filing
312
OMNIBUS ORDER RE: MOTIONS TO SEAL by Judge Paul S. Grewal granting-in-part 293 ; granting-in-part 297 ; granting 299 ; granting 305 (psglc2, COURT STAFF) (Filed on 5/11/2015)
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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. 293, 297, 299, 305)
Before the court are four administrative motions to seal several documents. “Historically,
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courts have recognized a ‘general right to inspect and copy public records and documents,
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including judicial records and documents.’” 1 Accordingly, when considering a sealing request, “a
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‘strong presumption in favor of access’ is the starting point.” 2 Parties seeking to seal judicial
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records 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
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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
Designations highlighted in
yellow at Docket No. 293-5
SEALED
Narrowly tailored to
confidential business
information.
293
Exhibit 1
Page 38, lines 8, 19, 23
SEALED; page 67, line 15
SEALED; page 98, lines 9, 13
SEALED; page 100, lines 16, 20
SEALED; page 153, line 1
SEALED; all other designations
UNSEALED
Only sealed portions
narrowly tailored to
confidential business
information.
293
Exhibit 2
UNSEALED
Not narrowly tailored
to confidential
business information.
293
Exhibit 3
UNSEALED
Not narrowly tailored
to confidential
business information.
293
Exhibit 4
SEALED
Narrowly tailored to
confidential business
information.
United States District Court
For the Northern District of California
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Reason/Explanation
MobileIron’s Motion to
Exclude the Opinions and
Testimony of Good’s
Experts, Mr. Roy
Weinstein and Dr. Hugh
M. Smith
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Result
293
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Document to be Sealed
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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
293
Exhibit 5
SEALED EXCEPT ¶¶ 97-124
Only sealed portions
and Exhibit 1 at Docket No. 293- narrowly tailored to
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confidential business
information.
293
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Exhibit 6
UNSEALED
Not narrowly tailored
to confidential
business information.
293
Exhibit 7
SEALED
Narrowly tailored to
confidential business
information.
293
Exhibit 8
SEALED
Narrowly tailored to
confidential business
information.
293
Exhibit 9
SEALED
Narrowly tailored to
confidential business
information.
293
Exhibit 10
SEALED
Narrowly tailored to
confidential business
information.
293
Exhibit 11
UNSEALED
No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
293
Exhibit 12
UNSEALED
No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
293
Exhibit 14
UNSEALED
No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
293
Exhibit 15
UNSEALED
No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
293
Exhibit 17
SEALED
Narrowly tailored to
confidential business
information.
293
Exhibit 18
SEALED
Narrowly tailored to
confidential business
information.
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For the Northern District of California
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Case No. 5:12-cv-05826-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL
293
Exhibit 20
SEALED
Narrowly tailored to
confidential business
information.
293
Exhibit 21
SEALED EXCEPT ¶¶ 67-81
UNSEALED
Only sealed portions
narrowly tailored to
confidential business
information.
293
Exhibit 22
SEALED
Narrowly tailored to
confidential business
information.
293
Exhibit 23
UNSEALED
No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
293
Exhibit 24
UNSEALED
No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
297
Good’s Motion to Exclude
Opinions of MobileIron’s
Proposed Experts Richard
Eichmann, Earl Sacerdoti,
Stephen Gray and Peter
Reiher
Designations highlighted in
yellow at Docket No. 297-4
SEALED.
Narrowly tailored to
confidential business
information
297
Exhibit A
¶¶ 7, 76, 77, 85, 89, 90
SEALED; all other designations
UNSEALED
Only sealed portions
narrowly tailored to
confidential business
information.
297
Exhibit C
¶¶ 11(a), 11(b), 11(d), 113
SEALED; all other designations
UNSEALED
Only sealed portions
narrowly tailored to
confidential business
information.
297
Exhibit D
UNSEALED
No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
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Exhibit E
UNSEALED
No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
297
Exhibit G
UNSEALED
No declaration in
support filed with the
court as required by
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For the Northern District of California
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Case No. 5:12-cv-05826-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL
Civ. L.R. 79-5(e)(1).
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297
Exhibit I
UNSEALED
No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
297
Exhibit J
UNSEALED
No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
297
Exhibit K
UNSEALED
No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
297
Exhibit L
SEALED
Narrowly tailored to
confidential business
information.
297
Exhibit S
SEALED
Narrowly tailored to
confidential business
information.
297
Exhibit T
SEALED
Narrowly tailored to
confidential business
information.
297
Exhibit U
SEALED
Narrowly tailored to
confidential business
information.
297
Exhibit V
UNSEALED
No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
297
Exhibit W
UNSEALED
No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
297
Exhibit X
UNSEALED
Not narrowly tailored
to confidential
business information.
299
MobileIron’s Opposition to
Good’s Motion to Strike
Portions of MobileIron’s
Expert Report Regarding
MobileIron’s Infringement
Counterclaim
SEALED
Narrowly tailored to
confidential business
information.
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For the Northern District of California
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Case No. 5:12-cv-05826-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL
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