Finisar Corporation v. Nistica, Inc.

Filing 209

UNSEALING ORDER. Signed by Magistrate Judge Jacqueline Scott Corley on 5/12/2015. (ahm, COURT STAFF) (Filed on 5/13/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FINISAR CORPORATION,

Case No. 13-cv-03345-BLF (JSC)

Plaintiff,
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v.

UNSEALING ORDER

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NISTICA, INC.,

Re: Dkt. No. 206

Defendant.

United States District Court
Northern District of California

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On April 29, 2014, the Court granted Finisar’s motion to amend infringement contentions

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and granted in part Nistica’s motion to amend invalidity contentions. (Dkt. No. 204.) The Court

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filed the April 29 Order under seal because various matters referenced therein were filed under

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seal in this matter. (Id. at 24.) However, the Court noted that it was “not persuaded that the

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entirety of th[e] Order is confidential and properly sealable[,]” and required the parties to inform

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the Court by May 4 what information, if any, within the Order must remain sealed. (Id. at 25.)

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The Court advised the parties that “[f]ailure to file such a statement will result in the unsealing of

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th[e] Order in its entirety.” (Id.) Finisar has since filed such a statement, identifying 10 lines on

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Page 10 of the Order that should remained sealed. (Dkt. No. 206.) Finisar argues that these 10

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lines cite to and describe the contents of declarations that the Court has already determined are

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sealable in their entirety as they disclose confidential, trade secret, and proprietary product

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information regarding the development of Finisar’s products. (See id. at 3.) The Court agrees.

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Accordingly, Finisar is ORDERED to file on the public docket a copy of the April 29 Order with

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its proposed redactions.

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IT IS SO ORDERED.
Dated: May 11, 2015

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________________________
JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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United States District Court
Northern District of California

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