Good Technology Corporation et al v. MobileIron, Inc.

Filing 354

OMNIBUS ORDER RE: MOTIONS TO SEAL by Judge Paul S. Grewal granting 314 ; granting-in-part 316 ; granting-in-part 317 ; granting-in-part 330 ; denying 333 ; granting-in-part 340 ; denying 344 (psglc2, COURT STAFF) (Filed on 6/12/2015)

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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.
)
)

Case No. 5:12-cv-05826-PSG
OMNIBUS ORDER RE: MOTIONS
TO SEAL
(Re: Docket Nos. 314, 316, 317, 330, 333,
340, 344)

Before the court are seven administrative motions to seal 49 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 courts rules on the instant motions as follows:

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Motion
to Seal

Designations highlighted in
yellow at Docket No. 314-4
SEALED.

Narrowly tailored to
confidential business
information.

316

Good’s Opposition to
MobileIron’s Motion to
Exclude certain opinions of
Good’s experts

Designations highlighted in
yellow at Docket No. 316-5
SEALED EXCEPT pages 2:1819, 15:13-16, 19:19-20
UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

316

Declaration of Ira Cook

UNSEALED.

Not narrowly tailored
to confidential
business information.

316

Exhibit 1

SEALED EXCEPT page 1 at
Docket No. 316-8 UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

316

Exhibit 2

SEALED.

Narrowly tailored to
confidential business
information.

United States District Court
For the Northern District of California

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Reason/Explanation

Good’s Reply to its Motion
to Strike Portions of
Defendant’s Expert Report
Regarding Defendant’s
Infringement
Counterclaims

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Result

314

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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

316

Exhibit 3

UNSEALED.

316

Exhibit 4

Pages 20:16-21:23 at Docket
Narrowly tailored to
No. 316-11 SEALED;
confidential business
information.
page 28:22-25 at Docket
No. 316-11 SEALED;
pages 42:18-44:2 at Docket
No. 316-11 SEALED; page 44:4,
44:14 at Docket No. 316-11
SEALED.

316

Exhibit 5

UNSEALED.

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

316

Exhibit 6

Page 28:11-12 at Docket
No. 316-13 SEALED;
page 29:14-25 at Docket
No. 316-13 SEALED.

Only sealed portions
narrowly tailored to
confidential business
information. 14

317

MobileIron’s Opposition
to Good Technology
Plaintiffs’ 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. 317-5
SEALED.

Narrowly tailored to
confidential business
information.

317

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Exhibit 1

¶¶ 43, 47-48, 52(b), 59, 61-63,
Narrowly tailored to
69-76, 85 and 89-90 at Docket
confidential business
No. 317-6 SEALED; footnote 17 information.
at Docket No. 317-6 SEALED;
the table after ¶ 58, the table
after ¶ 62 and the table after ¶ 88
at Docket No. 317-6 SEALED.

317

Exhibit 3

Page 33:2 at Docket No. 317-7
SEALED.

Narrowly tailored to
confidential business
information.

317

Exhibit 4

SEALED EXCEPT page 1,
¶¶ 45-64 at Docket No. 317-7
UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

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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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Page 29:26-28 could not be considered because it was not submitted to the court.
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Case No. 5:12-cv-05826-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL

317

Exhibit 5

UNSEALED.

Not narrowly tailored
to confidential
business information.

317

Exhibit 6

SEALED.

Narrowly tailored to
confidential business
information.

317

Exhibit 7

SEALED.

Narrowly tailored to
confidential business
information.

317

Exhibit 8

SEALED.

Narrowly tailored to
confidential business
information.

317

Exhibit 9

SEALED.

Narrowly tailored to
confidential business
information.

317

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Exhibit 10

SEALED.

Narrowly tailored to
confidential business
information.

317

Exhibit 11

SEALED.

Narrowly tailored to
confidential business
information.

317

Exhibit 12

SEALED.

Narrowly tailored to
confidential business
information.

317

Exhibit 13

SEALED.

Narrowly tailored to
confidential business
information.

317

Exhibit 14

SEALED.

Narrowly tailored to
confidential business
information.

317

Exhibit 15

SEALED.

Narrowly tailored to
confidential business
information.

317

Exhibit 16

SEALED.

Narrowly tailored to
confidential business
information.

317

Exhibit 17

UNSEALED.

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

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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

317

Exhibit 18

SEALED.

Narrowly tailored to
confidential business
information.

317

Exhibit 19

SEALED.

Narrowly tailored to
confidential business
information.

317

Exhibit 20

SEALED.

Narrowly tailored to
confidential business
information.

317

Exhibit 21

UNSEALED.

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

317

Exhibit 22

SEALED.

Narrowly tailored to
confidential business
information.

317

Exhibit 23

UNSEALED.

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

317

Exhibit 24

All monetary values at Docket
No. 317-9 SEALED; ¶¶ 112-113
at Docket No. 317-9 SEALED;
all other requests UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

317

Exhibit 25

UNSEALED.

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

317

Exhibit 26

UNSEALED.

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

317

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Exhibit 28

UNSEALED.

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

317

Exhibit 33

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

317

Exhibit 34

UNSEALED.

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

330

MobileIron’s Reply in
Support of Motion to
Exclude the Opinions and
Testimony of Good’s
Experts, Mr. RoyWeinstein
and Dr. Hugh Smith

Designations highlighted in
yellow at Docket No. 330-5
SEALED EXCEPT pages 7:21,
8:1, 15:13-14 UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

330

Exhibit 25

Designations highlighted in
yellow at Docket No. 330-6
SEALED.

Narrowly tailored to
confidential business
information.

330

Exhibit 26

UNSEALED.

Not narrowly tailored
to confidential
business information.

330

Exhibit 27

UNSEALED.

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

330

Exhibit 28

Section titled “Good License
Agreements” on pages 9-10 at
Docket No. 330-9 SEALED; all
other requests UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

333

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Plaintiff Good
UNSEALED.
Technology Corporation
and Good Technology
Software, Inc.’s Reply in
Support of Motion to
Exclude Opinions of
MobileIron’s Proposed
Experts Richard Eichmann,
Earl Sacerdoti, Stephen
Gray and Peter Reiher

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

333

Exhibit 2

UNSEALED.

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

340

Exhibit A

Designations highlighted in
yellow at Docket No. 340-3
SEALED EXCEPT lines 7:21,
8:1, 15:13-14 UNSEALED.

Sealed consistent
with ruling re Docket
No. 330-5.

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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