Dominion Assets LLC v. Masimo Corporation et al

Filing 81

ORDER RE 78 SEALING MOTION. Signed by Judge Beth Labson Freeman on 11/9/2016. (patentlcsjS, COURT STAFF) (Filed on 11/9/2016)

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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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DOMINION ASSETS LLC,

Case No. 14-cv-03002-BLF

Plaintiff,
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v.

ORDER RE SEALING MOTION

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MASIMO CORPORATION, et al.,

[Re: ECF 78]

Defendants.

United States District Court
Northern District of California

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This order specifically addresses Defendants’ renewed administrative motion to file under

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seal portions of an exhibit in relation to their motion for summary judgment. 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 & 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. In addition, sealing motions filed in this

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district must be “narrowly tailored to seek sealing only of sealable material.” Civil L.R. 79-5(b).

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A party moving to seal a document in whole or in part must file a declaration establishing that the

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identified material is “sealable.” Civ. L.R. 79-5(d)(1)(A). “Reference to a stipulation or

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protective order that allows a party to designate certain documents as confidential is not sufficient

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to establish that a document, or portions thereof, are sealable.” Id.
II.

DISCUSSION
Defendants move to seal portions of pages 11-12, 19-22, 24-26, 28-32, 35-42, 44-45, 47,

49-65 and 69-71 of their Exhibit H to the Declaration of Brian C. Claassen in Support of

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Defendants Masimo Corporation and Cercacor Laboratories Inc.’s Motion for Summary Judgment

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of Noninfringement and Invalidity. ECF 78 at 3. This information has been designated

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confidential by Defendants. Id. As the designating party, Defendants filed a declaration

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indicating that this material contains trade secret technical information regarding the operation of

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the accused products. Claassen Decl. ¶¶ 4-6, ECF 78-1. Defendants’ declaration also indicates

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that this material includes quotations from U.S. Patent Application No. 11/367,017, which is a

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United States District Court
Northern District of California

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patent application filed with a non-publication request pursuant to 35 U.S.C. § 122(b)(2)(B)(i).

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Claassen Decl. ¶ 7, ECF 78-1. The Court finds the sealing request to be narrowly tailored.

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Accordingly, the Court GRANTS Defendants’ motion to seal.

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IT IS SO ORDERED.

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Dated: November 9, 2016
______________________________________
BETH LABSON FREEMAN
United States District Judge

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