VIA Technologies, Inc. (a California corporation) et al v. ASUS Computer International et al

Filing 279

OMNIBUS ORDER REGARDING 259 263 265 ADMINISTRATIVE MOTIONS TO SEAL DOCUMENTS. Signed by Judge Beth Labson Freeman on 7/5/2017. (patentlcsjS, COURT STAFF) (Filed on 7/5/2017)

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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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VIA TECHNOLOGIES, INC. (A
CALIFORNIA CORPORATION), et al.,
Plaintiffs,

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v.
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United States District Court
Northern District of California

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ASUS COMPUTER INTERNATIONAL, et
al.,

Case No. 14-cv-03586-BLF
OMNIBUS ORDER RE:
ADMINISTRATIVE MOTIONS TO
SEAL DOCUMENTS
[Re: ECF 259, 263, 265]

Defendants.

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This order addresses the parties’ administrative motions to file under seal portions of their

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briefing and exhibits in support of their motions in limine and joint pretrial statement. ECF 259,

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263, 265. For the reasons stated below, the motions at ECF 259 and ECF 263 are GRANTED and

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the motion at ECF 265 is GRANTED IN PART and DENIED IN PART.

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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.

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II.

DISCUSSION
The Court has reviewed the parties’ sealing motions and the declarations submitted in

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support thereof. The Court finds that the parties have articulated compelling reasons and good

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cause to seal certain portions of the submitted documents. The proposed redactions are also

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narrowly tailored. The Court’s rulings on the sealing requests are set forth in the tables below:

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United States District Court
Northern District of California

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A.
ECF
No.
259-4

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259-6

ECF 259
Document to be
Sealed
Ex. B to Lemieux Decl.
(Excerpts of Expert
Report of Melissa A.
Bennis)

Result

Reasoning

GRANTED
as to
highlighted
portions.

Contains highly confidential and sensitive
information, excerpts, and images from
Defendants’ financial information and
documentation (including detailed sales
information) concerning the internal sales, R&D,
and financial information of Defendants. Bhakar
Sealing Decl. ¶ 3, ECF 259-1. Contains
confidential business information of Plaintiffs,
including highly confidential and sensitive
financial information concerning internal R&D
cost information. Kroeger Sealing Decl. ¶ 2,
ECF 272.
Ex. D to Lemieux Decl. GRANTED Contains highly confidential and sensitive
(Supplemental Expert
as to
information, excerpts, and images from
Report of Melissa A.
highlighted Defendants’ financial information and
Bennis)
portions.
documentation (including detailed sales
information) concerning the internal sales, R&D,
and financial information of Defendants. Bhakar
Sealing Decl. ¶ 8, ECF 259-1. Contains
confidential business information of Plaintiffs,
including highly confidential and sensitive
financial information concerning internal R&D
cost information. Kroeger Sealing Decl. ¶ 3,
ECF 272.

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259-8

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ECF 263
Document to be
Sealed
Ex. 1 to Kroeger
Decl. (Expert
Report and
Disclosure of
Miguel Gomez re:
Trade Secrets)

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GRANTED
as to
highlighted
portions.

Contains highly confidential and sensitive
information, excerpts, and images from
Defendants’ financial information and
documentation (including detailed sales
information) concerning the internal sales, R&D,
and financial information of Defendants. Bhakar
Sealing Decl. ¶ 11, ECF 259-1. Contains
confidential business information of Plaintiffs,
including highly confidential and sensitive
financial information concerning internal R&D
cost information. Kroeger Sealing Decl. ¶ 4,
ECF 272.

B.
ECF
No.
263-3

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United States District Court
Northern District of California

Notice of Motion and
Motion In Limine No. 1
and Daubert Motion to
Preclude the Use of
Any Testimony from or
Reference to the
Opinions of Ms.
Melissa Bennis
Regarding Defendants’
“Unjust Enrichment”
Arising from its
Alleged Use of VIA’s
Trade Secrets

263-5

Ex. 2 to Kroeger
Decl. (Expert
Report of Miguel
Gomez Regarding
Infringement of
U.S. Patent Nos.
7,313,187
and 8,457,747)

Result

Reasoning

GRANTED
as to
highlighted
portions.

Contains highly confidential and sensitive
information, excerpts, and images from Plaintiffs’
technical documentation (including detailed internal
circuit schematics, Verilog source code, and design
specifications) concerning the internal design and
operation of Plaintiffs’ products that Defendants are
accused of misappropriating and represent Plaintiffs’
trade secrets asserted in this case. Kroeger Sealing
Decl. ¶ 3, ECF 263-1. Contains highly confidential
and sensitive information, excerpts, and images from
Defendants’ technical documentation (including
detailed internal circuit schematics, Verilog source
code, and design specifications) concerning the
internal design and operation of Defendants’ products
accused of allegedly misappropriating Plaintiffs’
alleged trade secrets asserted in this case. Bhakar
Sealing Decl. ¶ 14, ECF 263-10.
GRANTED Contains highly confidential and sensitive
as to
information, excerpts, and images from Defendants’
highlighted technical documentation (including detailed internal
portions.
circuit schematics and design specifications)
concerning the internal design and operation of
Defendants’ products accused of allegedly
misappropriating Plaintiffs’ alleged trade secrets
asserted in this case. Bhakar Sealing Decl. ¶ 16, ECF
263-10.

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263-7

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263-9

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United States District Court
Northern District of California

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Ex. 4 to Kroeger
Decl. (Expert
Report and
Disclosure of
Melissa A. Bennis)

GRANTED
as to
highlighted
portions.

Contains highly confidential and sensitive
information, excerpts, and images from Plaintiffs’
financial information. Kroeger Sealing Decl. ¶ 7,
ECF 263-1. Contains highly confidential and
sensitive information, excerpts, and images from
Defendants’ financial information and documentation
(including detailed sales information) concerning the
internal sales, R&D, and financial information of
Defendants. Bhakar Sealing Decl. ¶ 18, ECF 263-10.
Ex. 5 to Kroeger
GRANTED Contains highly confidential and sensitive
Decl.
as to
information, excerpts, and images from Plaintiffs’
(Supplemental
highlighted financial information. Kroeger Sealing Decl. ¶ 9,
Expert Report and portions.
ECF 263-1. Contains highly confidential and
Disclosure of
sensitive information, excerpts, and images from
Melissa A. Bennis)
Defendants’ financial information and documentation
(including detailed sales information) concerning the
internal sales, R&D, and financial information of
Defendants. Bhakar Sealing Decl. ¶ 20, ECF 263-10.
Ex. B to Bhakar
GRANTED Contains highly confidential and sensitive
Decl. (Expert
as to
information, excerpts, and images from Defendants’
Report of Dr. R.
highlighted technical documentation (including detailed internal
Jacob Baker Re:
portions.
circuit schematics and design specifications)
Noninfringement
concerning the internal design and operation of the
of U.S. Patent Nos.
accused products. Bhakar Sealing Decl. ¶ 3, ECF
7,313,187 and
263-10.
8,457,747)
Ex. C to Bhakar
GRANTED Contains highly confidential and sensitive
Decl. (Expert
as to
information, excerpts, and images from Plaintiffs’
Report of Dr. R.
highlighted technical documentation (including detailed internal
Jacob Baker in
portions.
circuit schematics and design specifications)
Rebuttal to the
concerning the internal design and operation of
Expert Report and
Plaintiffs’ products that Defendants are accused of
Disclosure of
misappropriating and constitute Plaintiffs’ trade
Miguel Gomez re:
secrets asserted in this case. Kroeger Sealing Decl.
Trade Secrets)
¶ 11, ECF 263-1. Contains highly confidential and
sensitive information, excerpts, and images from
Defendants’ technical documentation (including
detailed internal circuit schematics and design
specifications) concerning the internal design and
operation of Defendants’ products accused of
allegedly misappropriating Plaintiffs’ alleged trade
secrets asserted in this case. Bhakar Sealing Decl.
¶ 5, ECF 263-10.

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Ex. D to Bhakar
Decl. (Expert
Report of Dr.
Brent E. Nelson In
Rebuttal to
December 19,
2016 Expert
Report and
Disclosure of
Miguel Gomez re:
Trade Secrets)

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Ex. E to Bhakar
Decl. (Expert
Report of Eric
Welch In Rebuttal
to December 19,
2016 Expert
Report and
Disclosure of
Miguel Gomez re:
Trade Secrets)

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Ex. F to Bhakar
Decl. (Expert
Rebuttal Report
and Disclosure of
James E.
Pampinella, CPA,
CFF, CLP)

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United States District Court
Northern District of California

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GRANTED
as to
highlighted
portions.

Contains highly confidential and sensitive
information, excerpts, and images from Plaintiffs’
technical documentation (including detailed internal
Verilog source code and design specifications)
concerning the internal design and operation of
Plaintiffs’ products that Defendants are accused of
misappropriating and constitute Plaintiffs’ trade
secrets asserted in this case. Kroeger Sealing Decl.
¶ 13, ECF 263-1. Contains highly confidential and
sensitive information, excerpts, and images from
Defendants’ technical documentation (including
detailed internal Verilog source code and design
specifications) concerning the internal design and
operation of Defendants’ products accused of
allegedly misappropriating Plaintiffs’ alleged trade
secrets asserted in this case. Bhakar Sealing Decl.
¶ 7, ECF 263-10.
GRANTED Contains highly confidential and sensitive
as to
information, excerpts, and images from Plaintiffs’
highlighted technical documentation (including detailed internal
portions.
Verilog source code and design specifications)
concerning the internal design and operation of
Plaintiffs’ products that Defendants are accused of
allegedly misappropriating and are Plaintiffs’ trade
secrets asserted in this case. Kroeger Sealing Decl.
¶ 15, ECF 263-1. Contains highly confidential and
sensitive information, excerpts, and images from
Defendants’ technical documentation (including
detailed internal Verilog source code and design
specifications) concerning the internal design and
operation of Defendants’ products accused of
allegedly misappropriating Plaintiffs’ alleged trade
secrets asserted in this case. Bhakar Sealing Decl.
¶ 9, ECF 263-10.
GRANTED Contains highly confidential and sensitive
as to
information, excerpts, and images from Plaintiffs’
highlighted financial information. Kroeger Sealing Decl. ¶ 17,
portions.
ECF 263-1. Contains highly confidential and
sensitive information, excerpts, and images from
Defendants’ financial information and documentation
(including detailed sales information) concerning the
internal sales, R&D, and financial information of
Defendants. Bhakar Sealing Decl. ¶ 11, ECF 263-10.

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26322

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Ex. G to Bhakar
Decl. (Defendants’
Designations of
VIA’s Discovery
Responses to be
Presented at Trial)

GRANTED Contains highly confidential and sensitive
as to
information sales and financial information of
highlighted Plaintiffs. Kroeger Sealing Decl. ¶ 19, ECF 263-1.
portions.

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C. ECF 265
ECF
Document to be Sealed
No.
265-9
Ex. 6 to Lee Decl.
(Excerpts from the
deposition of James
Pampinella)

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United States District Court
Northern District of California

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265-11

Ex. 7 to Lee Decl.
(Defendant ASMedia
Technology Inc.’s June 2,
2016 Objections and
Responses to Plaintiff
VIA-TW’s Second Set of
Interrogatories (Nos. 1925))

265-13

Ex. 8 to Lee Decl.
(Defendant ASUSTeK
Computer Inc.’s June 2,
2016 Objections and
Responses to Plaintiff
VIA-TW’s Second Set of
Interrogatories (Nos. 2025))

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Result
GRANTED as to
48:05-24, 49:02-08,
49:15-21, 52:10-13,
52:15-18, 53:11-18,
53:24, 97:04-06,
98:04-05, 98:15-16,
98:19-25, 99:12-16,
99:24-100:11,
100:16-17, 100:2125, 101:09-10, and
101:12-17;
DENIED as to the
remainder.
GRANTED as to
22:14-16 and
27:07-08; DENIED
as to the remainder.

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DENIED.

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Reasoning
The identified portions contain
highly confidential and sensitive
information about Defendants’
internal business and accounting
practices concerning R&D,
allocation of costs, sales and
locations thereof, and other
sensitive financial information of
Defendants. Bhakar Sealing Decl.
¶ 4, ECF 274. Neither party
provides grounds for sealing the
remainder.
The identified portions contain
highly confidential and sensitive
information about Defendants’
internal business and accounting
practices concerning sensitive
financial information of Defendants
including R&D expenses and
allocation of costs. Bhakar Sealing
Decl. ¶ 6, ECF 274. Neither party
provides grounds for sealing the
remainder.
Defendants, the designating party,
have not submitted a declaration in
support of sealing this material.
See generally Bhakar Sealing Decl.,
ECF 274.

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265-15

Ex. 9 to Lee Decl.
(Defendant ASUS
Computer International’s
June 2, 2016 Objections
and Responses to Plaintiff
VIA-TW’s Second Set of
Interrogatories (Nos. 1524))

DENIED.

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United States District Court
Northern District of California

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Defendants, the designating party,
have not submitted a declaration in
support of sealing this material.
See generally Bhakar Sealing Decl.,
ECF 274.

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United States District Court
Northern District of California

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265-17

Ex. 10 to Lee Decl.
(Excerpts from the
deposition of Chi Chang)

GRANTED as to
76:14-19, 76:24-25,
77:08-15, 77:19-25,
18:01-12, 78:16,
78:22-79:02, 79:0611, 79:14-15,
79:19-22, 79:2580:02, 80:04-12,
81:07-20, 82:11-13,
82:20-23, 83:06-10,
83:12-13, 83:17-19,
84:06-14, 86:05-08,
87:01-03, 87:08-12,
88:03-05, 88:08-10,
88:12-14, 89:02-12,
89:15-17, 89:1990:04, 90:21-22,
90:25-91:24, 92:0108, 93:01-08,
93:10-13, 93:1618, 94:17-18,
95:15-96:01, 96:0815, 96:22-23,
97:11-13, 97:2298:04, 99:15-16,
100:10-11, 101:20,
102:15-103:01,
103:12-15, 103:2225, 104:06-07,
104:11-12, 104:1418, 105:22-23,
106:14-15, 106:1819, 106:21-23,
107:09-12, 107:2325, 108:25-109:01,
109:06-07, 109:0912, 109:17-18,
110:01-02, 110:04,
110:06-116,
110:18-111:03,
113:15-18, 114:0617, 115:04-06,
115:11-14, 117:0305, 117:08-10,
118:18-22, 118:24119:03, and 122:21123:03; DENIED
as to the remainder.
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The identified portions contain
highly confidential and sensitive
information about Defendants’
analog schematics (including
arrangement of components therein,
connections and semiconductor
process sizes), the development,
design and manufacture of is
semiconductor chips and accused
products, and R&D as well as other
sensitive confidential business
information relating to the design
and development of the accused
products. Bhakar Sealing Decl. ¶ 8,
ECF 274. Neither party provides
grounds for sealing the remainder.

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265-19

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265-21

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Ex. 11 to Lee Decl.
(Defendant ASMedia
Technology Inc.’s
November 18, 2016
Supplemental Objections
and Responses to
Interrogatory Nos. 19 to
25 of Plaintiff VIA-TW’s
Second Set of
Interrogatories to
Defendant ASMedia
Technology Inc.)
Ex. 12 to Lee Decl.
(Excerpts from the
deposition of R. Jacob
Baker)

GRANTED as to
24:18-20, 28:09-11,
33:11-13, and
37:16-18; DENIED
as to the remainder.

The identified portions contain
highly confidential and sensitive
information about Defendants’
internal business and accounting
practices concerning sensitive
financial information of Defendants
including R&D expenses and
allocation of costs. Bhakar Sealing
Decl. ¶ 10, ECF 274. Neither party
provides grounds for sealing the
remainder.

DENIED.

Defendants, the designating party,
have not submitted a declaration in
support of sealing this material.
See generally Bhakar Sealing Decl.,
ECF 274.

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United States District Court
Northern District of California

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III.

ORDER

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For the foregoing reasons, the Court GRANTS the motions at ECF 259 and ECF 263 and

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GRANTS IN PART and DENIES IN PART the motion at ECF 265. Under Civil Local Rule 79-

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5(e)(2), for any request that has been denied because the party designating a document as

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confidential or subject to a protective order has not provided sufficient reasons to seal, the

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submitting party must file the unredacted (or lesser redacted) documents into the public record no

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earlier than 4 days and no later than 10 days form the filing of this order. Alternatively, the

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moving party may also renew the motion so to provide sufficient reasons in the supporting

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declarations no later than 10 days form the filing of this order.

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IT IS SO ORDERED.

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Dated: July 5, 2017
______________________________________
BETH LABSON FREEMAN
United States District Judge

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