Sentius International, LLC v. Microsoft Corporation

Filing 171

OMNIBUS ORDER RE: MOTIONS TO SEAL by Judge Paul S. Grewal granting-in-part 145 ; granting-in-part 149 ; denying 151 ; granting-in-part 153 ; granting 161 (psglc2, COURT STAFF) (Filed on 1/15/2015)

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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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SENTIUS INTERNATIONAL, LLC,
Plaintiff,

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v.

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MICROSOFT CORPORATION,
Defendant.

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Case No. 5:13-cv-00825-PSG
OMNIBUS ORDER RE: MOTIONS
TO SEAL
(Re: Docket Nos. 145, 149, 151, 153, 161)

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Before the court are five administrative motions to seal 44 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. 5:13-cv-00825-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. 5:13-cv-00825-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 motion as follows:

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Motion
to Seal

Document to be Sealed

145

Opposition to
Defendant’s Daubert
Motion to Exclude
Testimony of Sentius’
Survey Expert, Dr.
William Wecker

• Page 7:10-11: “would
have…revenue” SEALED
• All other designations
UNSEALED

Only sealed portions
narrowly tailored to
confidential business
operations.

145

Exhibit C

UNSEALED

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

• ¶¶ 146-147 SEALED including:
 Chart on page 88 SEALED
 Footnotes SEALED
• Pages 90-103 UNSEALED
• ¶ 176 – end of page 108 SEALED
except:
 ¶ 176 “The income…
combination thereof.”
UNSEALED

Only sealed portions
narrowly tailored to
confidential business
information.

UNSEALED

No declaration in
support filed with the
court as required by

United States District Court
For the Northern District of California

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Result

(Docket No. 145-8)

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145

Exhibit D
(Docket No. 145-9)

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145

(Docket No. 145-10)

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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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Exhibit M

Reason/Explanation

Civ. L.R. 79-5(e)(1). The Civil Local Rules have recently been amended shortening the time
available to the designating party to file a supporting declaration from seven days to four days. As
this rule change was only recently implemented the court applies the prior form of Civ. L.R. 79-5
for the purposes of this order.
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Case No. 5:13-cv-00825-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL

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

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149

Opposition to
Defendant’s Motion to
Phase Trial

UNSEALED

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

149

Exhibit A

UNSEALED

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

SEALED

Narrowly tailored to
confidential business
information.

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(Docket No. 149-7)

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149

Exhibit B
(Docket No. 149-8)

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United States District Court
For the Northern District of California

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151

Opposition to
Defendant’s Motion for
Summary Judgment of
No Infringement

UNSEALED

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

151

Exhibit 1

UNSEALED

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

UNSEALED

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

UNSEALED

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

UNSEALED

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

UNSEALED

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

UNSEALED

Declaration as filed
insufficient to
support sealing under
Civ. L.R. 795(d)(1)(A).

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(Docket No. 151-7)

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151

Exhibit 2
(Docket No. 151-9)

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151

Exhibit 3
(Docket No. 151-11)

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151

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Exhibit 4
(Docket No. 151-13)

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151

Exhibit 5
(Docket No. 151-15)

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151
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Exhibit 6
(Docket No. 151-17)

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Case No. 5:13-cv-00825-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL

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151

Exhibit 8

UNSEALED

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

UNSEALED

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

UNSEALED

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

UNSEALED

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

UNSEALED

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

UNSEALED

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

UNSEALED

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

UNSEALED

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

UNSEALED

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

UNSEALED

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

UNSEALED

Declaration as filed
insufficient to
support sealing under

(Docket No. 151-20)

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151
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Exhibit 9
(Docket No. 151-22)

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151

Exhibit 10
(Docket No. 151-24)

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151

(Docket No. 151-26)

United States District Court
For the Northern District of California

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Exhibit 11

151

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Exhibit 12
(Docket No. 151-28)

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151

Exhibit 13
(Docket No. 151-30)

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151

Exhibit 14
(Docket No. 151-32)

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151

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Exhibit 15
(Docket No. 151-34)

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151

Exhibit 16
(Docket No. 151-36)

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151
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Exhibit 17
(Docket No. 151-38)

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151

Exhibit 61
(Docket No. 151-83)

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Case No. 5:13-cv-00825-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL

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

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151

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Exhibit 62

UNSEALED

Declaration as filed
insufficient to
support sealing under
Civ. L.R. 795(d)(1)(A).

UNSEALED

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

UNSEALED

Declaration as filed
insufficient to
support sealing under
Civ. L.R. 795(d)(1)(A).

UNSEALED

Declaration as filed
insufficient to
support sealing under
Civ. L.R. 795(d)(1)(A).

UNSEALED

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

UNSEALED

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

UNSEALED

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

UNSEALED

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

UNSEALED

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

UNSEALED

No declaration in
support filed with the

(Docket No. 151-85)

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151
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Exhibit 66
(Docket No. 151-90)

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151

Exhibit 67
(Docket No. 151-92)

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United States District Court
For the Northern District of California

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151

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Exhibit 68
(Docket No. 151-94)

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151

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Exhibit 69
(Docket No. 151-96)

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151

Exhibit 70
(Docket No. 151-98)

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151

Exhibit 71
(Docket No. 151-100)

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151

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Exhibit 72
(Docket No. 151-102)

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151

Exhibit 73
(Docket No. 151-104)

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151

Exhibit 74

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Case No. 5:13-cv-00825-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL

(Docket No. 151-106)

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151

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Exhibit 75

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

Declaration as filed
insufficient to
support sealing under
Civ. L.R. 795(d)(1)(A).

(Docket No. 151-108)

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151

Declaration of Vijay
Madisetti in Support of
Opposition to
Defendant’s Motion for
Summary Judgment of
No Infringement

UNSEALED

Not narrowly
tailored to
confidential business
information.

151

Exhibit A

UNSEALED

Not narrowly
tailored to
confidential business
information.

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(Docket Nos. 151-112 to
151-116)

United States District Court
For the Northern District of California

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153

Memorandum of Law in
Opposition to
Defendant’s Daubert
Motion to Exclude
Testimony or Sentius’
Damages Expert, Robert
Mills

• Page 3:22-4:1 SEALED
• Page 6:13-28 (including footnotes
1-3) SEALED
• Page 11:20-28 (footnote 7)
SEALED
• Page 4:23-24 SEALED
• Page 5:2-3 “Dividing” until “After
thoroughly” SEALED
• Page 19:2 SEALED
• All other designations
UNSEALED

Only sealed portions
narrowly tailored to
confidential business
information.

153

Exhibit A

UNSEALED

Not narrowly
tailored to
confidential business
information.

(Docket No. 153-10)

• Pages 79:24-80:40 SEALED
• Page 97:13-14 SEALED
• Page 98:6-11 SEALED
• All other designations
UNSEALED

Only sealed portions
narrowly tailored to
confidential business
information.

Exhibit C

UNSEALED

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

All designations highlighted in
yellow SEALED

Narrowly tailored to
confidential business
information.

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(Docket No. 153-9)

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153
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Exhibit B

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153

(Docket No. 153-11)

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161

Defendant’s Reply in
Support of its Daubert
Motion to Exclude
Testimony of Sentius’
Damages Expert, Robert

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Case No. 5:13-cv-00825-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL