Finisar Corporation v. Nistica, Inc.

Filing 742

ORDER GRANTING 736 NISTICA INC.'S ADMINISTRATIVE MOTION TO SEAL PORTIONS OF ITS MOTION FOR FEES AND SELECT EXHIBITS. Signed by Judge Beth Labson Freeman on 4/3/2017. (patentlcsjS, COURT STAFF) (Filed on 4/3/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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FINISAR CORPORATION,
Plaintiff,

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v.

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NISTICA, INC.,
Defendant.

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United States District Court
Northern District of California

Case No. 13-cv-03345-BLF
ORDER GRANTING NISTICA INC.'S
ADMINISTRATIVE MOTION TO
SEAL PORTIONS OF ITS MOTION
FOR FEES AND SELECT EXHIBITS
[Re: ECF 736]

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Before the Court is Nistica’s administrative motion to file under seal portions of its Motion

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for Fees Under 35 U.S.C. § 285 and select exhibits in support thereof. ECF 736. For the reasons

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stated below, the motion is GRANTED.

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I.

LEGAL STANDARD
“Historically, courts have recognized a ‘general right to inspect and copy public records

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and documents, including judicial records and documents.’” Kamakana v. City and Cnty. of

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Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Commc’ns, Inc., 435

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U.S. 589, 597 & n.7 (1978)). Consequently, access to motions and their attachments that are

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“more than tangentially related to the merits of a case” may be sealed only upon a showing of

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“compelling reasons” for sealing. Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092,

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1101–02 (9th Cir. 2016). Filings that are only tangentially related to the merits may be sealed

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upon a lesser showing of “good cause.” Id. at 1097.

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In addition, sealing motions filed in this district must be “narrowly tailored to seek sealing

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only of sealable material.” Civil L.R. 79-5(b). A party moving to seal a document in whole or in

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part must file a declaration establishing that the identified material is “sealable.” Civ. L.R. 79-

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5(d)(1)(A). “Reference to a stipulation or protective order that allows a party to designate certain

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documents as confidential is not sufficient to establish that a document, or portions thereof, are

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sealable.” Id.

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II.

DISCUSSION
The Court has reviewed Nistica’s sealing motion (ECF 736) and the parties’ declarations in

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support thereof (ECF 736-1, 740, 741). The Court finds the parties have articulated compelling

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reasons and good cause to seal the submitted documents. The Court’s rulings on the sealing

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request are set forth in the table below:

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ECF
No.
736-4

Document to
be Sealed
Nistica’s
Motion for Fees
Under 35
U.S.C. § 285

736-5

Ex. 1 to Bennett
Decl. ISO
Nistica’s
Motion for Fees
Under 35
U.S.C. § 285,
ECF 737-1
(“Bennett
Decl.”)
Ex. 2 to Bennett
Decl.

GRANTED.

736-7

Ex. 3 to Bennett
Decl.

GRANTED.

736-8

Ex. 4 to Bennett
Decl.

GRANTED.

United States District Court
Northern District of California

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736-6
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Result

Reasoning

GRANTED as
to highlighted
portions.

Contains confidential, trade secret and proprietary
product information relating to Nistica’s accused
products and development projects. Kramer Decl.
¶ 2, ECF 736-1. Also contains confidential
information regarding Finisar’s business strategies
and plans. Chao Decl. ¶ 2, ECF 741.
Contains confidential, proprietary, and trade secret
information about Finisar’s products and
business/marketing strategies and plans. Chao
Decl. ¶ 3.

GRANTED.

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Contains confidential, proprietary, and trade secret
information about Finisar’s products and
business/marketing strategies and plans. Chao
Decl. ¶ 3.
Contains Nistica’s confidential, trade secret and
proprietary product information relating to its
accused products and development projects.
Kramer Decl. ¶ 4. Also contains excerpts of trial
transcripts and contain confidential information
regarding Finisar’s business strategies and plans.
Chao Decl. ¶ 4.
Contains confidential technical information
relating to third-party specification requirements.
Rossetti Decl. ¶ 4, ECF 740. Also contains
confidential, proprietary, and
trade secret information about Finisar’s products.
Chao Decl. ¶ 5.
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736-9

Ex. 5 to Bennett
Decl.

GRANTED.

736-10

Ex. 6 to Bennett
Decl.

GRANTED.

736-11

Ex. 7 to Bennett
Decl.

GRANTED.

736-12

Ex. 9 to Bennett
Decl.

GRANTED.

736-13

Ex. 10 to
Bennett Decl.

GRANTED.

736-14,
736-15,
736-16
736-17

Ex. 11 to
Bennett Decl.

GRANTED.

Ex. 12 to
Bennett Decl.

GRANTED.

736-18

Ex. 13 to
Bennett Decl.

GRANTED.

736-19

Ex. 15 to
Bennett Decl.

GRANTED.

736-20

Ex. 17 to
Bennett Decl.

GRANTED.

736-21

Ex. 18 to
Bennett Decl.

GRANTED.

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United States District Court
Northern District of California

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Contains confidential communications and
technical information relating to third-party
products. Rossetti Decl. ¶ 5. Also contains
confidential, proprietary, and trade secret
information about Finisar’s products and
business/marketing strategies and plans. Chao
Decl. ¶ 3.
Contains confidential, proprietary, and trade secret
information about Finisar’s products and
business/marketing strategies and plans. Chao
Decl. ¶ 3.
Contains Nistica’s confidential, trade secret and
proprietary product information relating to its
accused products and development projects.
Kramer Decl. ¶ 4. Also contains excerpts of trial
transcripts and contain confidential information
regarding Finisar’s business strategies and plans.
Chao Decl. ¶ 4.
Contains confidential information regarding
Finisar’s business and litigation strategies and
plans. Chao Decl. ¶ 6.
Contains confidential information regarding
Finisar’s business/marketing strategies and plans.
Chao Decl. ¶ 7.
Contains confidential technical information
relating to third-party products. Rossetti Decl. ¶ 6;
Chao Decl. ¶ 8.
Contains confidential technical information
relating to third-party products. Rossetti Decl. ¶ 7;
Chao Decl. ¶ 8.
Contains confidential technical information
relating to third-party products. Rossetti Decl. ¶ 8;
Chao Decl. ¶ 8.
Correspondence between the parties providing
detail regarding Nistica’s products and Finisar’s
infringement theories relating to the confidential
technical details of those products. Kramer Decl.
¶ 4.
Contains confidential, proprietary, and trade secret
information about Finisar’s products and
business/marketing strategies and plans. Chao
Decl. ¶ 3.
Contains confidential, proprietary, and trade secret
information about Finisar’s products and
business/marketing strategies and plans. Chao
Decl. ¶ 3.

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736-22

Ex. 19 to
Bennett Decl.

GRANTED.

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III.

Contains confidential, proprietary, and trade secret
information about Finisar’s products and
business/marketing strategies and plans. Chao
Decl. ¶ 3.

ORDER
For the foregoing reasons, Nistica’s sealing motion at ECF 736 is GRANTED.
IT IS SO ORDERED.

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Dated: April 3, 2017
______________________________________
BETH LABSON FREEMAN
United States District Judge

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United States District Court
Northern District of California

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