Corning Optical Communications Wireless Ltd. v. Solid, Inc. et al

Filing 460

OMNIBUS ORDER RE: MOTIONS TO SEAL by Judge Paul S. Grewal granting-in-part 426 ; granting-in-part 440 ; granting 444 ; granting-in-part 447 (psglc2, COURT STAFF) (Filed on 1/5/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CORNING OPTICAL
COMMUNICATIONS WIRELESS LTD.,

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Case No. 14-cv-03750-PSG
OMNIBUS ORDER RE: MOTIONS TO
SEAL

Plaintiff,
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v.

(Re: Docket Nos. 426, 440, 444, 447)

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SOLID, INC., et al.,

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United States District Court
Northern District of California

Defendants.
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Before the court are four administrative motions to seal.1 “Historically, courts have

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recognized a ‘general right to inspect and copy public records and documents, including judicial

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records and documents.’”2 Accordingly, when considering a sealing request, “a ‘strong

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presumption in favor of access’ is the starting point.”3 Parties seeking to seal judicial records

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relating to dispositive motions bear the burden of overcoming the presumption with “compelling

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reasons” that outweigh the general history of access and the public policies favoring disclosure.4

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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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See Docket Nos. 426, 440, 444, 447.

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. 14-cv-03750-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL

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their competitive interest.”5 Records attached to nondispositive motions therefore are not subject

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to the strong presumption of access.6 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

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moving to seal must meet the lower “good cause” standard of Rule 26(c).7 As with dispositive

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motions, the standard applicable to nondispositive motions requires a “particularized showing”8

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that “specific prejudice or harm will result” if the information is disclosed.9 “Broad allegations of

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harm, unsubstantiated by specific examples of articulated reasoning” will not suffice.10 A

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protective order sealing the documents during discovery may reflect the court’s previous

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determination that good cause exists to keep the documents sealed,11 but a blanket protective order
that allows the parties to designate confidential documents does not provide sufficient judicial

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United States District Court
Northern District of California

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scrutiny to determine whether each particular document should remain sealed.12
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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is “sealable,” or “privileged or protectable as a trade secret or otherwise entitled to protection

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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. 14-cv-03750-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL

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under the law.” “The request must be narrowly tailored to seek sealing only of sealable material,

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and must conform with Civil L.R. 79-5(d).”13 “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.”14
With these standards in mind, the court rules on the instant motions as follows:

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Motion
to Seal

Document to be Sealed

Result

Reason/Explanation

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426

Defendants’ Motion for
Attorney’s Fees

Designations highlighted in
yellow on pages v, 17-19 at
Docket No. 426-5 SEALED; all
other designations UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information. The
designating party has
indicated that some
designations may be
filed publicly.15

426

Declaration of Christian
Platt in Support of
Defendants’ Motion for
Attorney’s Fees

Designations highlighted in
yellow at Docket No. 426-8
SEALED; all other designations
UNSEALED.

Designated portions
narrowly tailored to
confidential business
information.

426

Exhibit 9 to the Platt
Declaration (TX 52)

UNSEALED

The designating party
has indicated that the
document may be
filed publicly.16

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United States District Court
Northern District of California

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

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See Docket No. 432 at 2 n.1.

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See id.

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Case No. 14-cv-03750-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL

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426

Exhibit 10 to the Platt
Declaration (TX 53)

UNSEALED

The designating party
has indicated that the
document may be
filed publicly.17

426

Exhibit 11 to the Platt
Declaration (TX 54)

UNSEALED

The designating party
has indicated that the
document may be
filed publicly.18

426

Exhibit 12 to the Platt
Declaration (TX 58)

Designations highlighted in
black at Docket No. 453-3
SEALED; all other designations
UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

426

Exhibit 13 to the Platt
Declaration (TX 74)

Designations highlighted in
black at Docket No. 453-4
SEALED; all other designations
UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

426

Exhibit 14 to the Platt
Declaration (TX 78)

UNSEALED

The designating party
has indicated that the
document may be
filed publicly.19

426

Exhibit 15 to the Platt
Declaration (TX 88)

Docket No. 426-30 at TX0088003, TX0088-005 to -014,
TX0088-016 to -018, TX0088022 to -024 SEALED; all other
designations UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

426

Exhibit 16 to the Platt
Declaration (excerpt of TX
97)

UNSEALED

The designating party
has indicated that the
document may be
filed publicly.20

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United States District Court
Northern District of California

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See id.

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See id.

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See id.

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See id.

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Case No. 14-cv-03750-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL

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426

Exhibit 17 to the Platt
Declaration (TX 111)

UNSEALED

The designating party
has indicated that the
document may be
filed publicly.21

426

Exhibit 18 to the Platt
Declaration (TX 112)

UNSEALED

The designating party
has indicated that the
document may be
filed publicly.22

426

Exhibit 19 to the Platt
Declaration (TX 113)

UNSEALED

The designating party
has indicated that the
document may be
filed publicly.23

426

Exhibit 20 to the Platt
Declaration (TX 116)

UNSEALED

The designating party
has indicated that the
document may be
filed publicly.24

426

Exhibit 22 to the Platt
Declaration (TX 2167)

UNSEALED

The designating party
has indicated that the
document may be
filed publicly.25

426

Exhibit 23 to the Platt
Declaration (TX 2169)

UNSEALED

The designating party
has indicated that the
document may be
filed publicly.26

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United States District Court
Northern District of California

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See id.

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See id.

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See id.

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See id.

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See id.

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See id.

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Case No. 14-cv-03750-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL

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426

Exhibit 24 to the Platt
Declaration (TX 2286)

UNSEALED

Not narrowly tailored
to confidential
business information.

426

Exhibit 28 to the Platt
Declaration (O’Day Tr.)

UNSEALED

The designating party
has indicated that the
document may be
filed publicly.27

426

Exhibit 29 to the Platt
Declaration (Shapira Tr.)

UNSEALED

The designating party
has indicated that the
document may be
filed publicly.28

426

Exhibit 42 to the Platt
Declaration (AIPLA
Report)

Contents of table on page I-108
at Docket No. 426-69 SEALED;
all other designations
UNSEALED.

Only sealed portions
narrowly tailored to
information not
publicly available.

440

Trial Exhibit 155-16

UNSEALED

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

440

Trial Exhibit 155-62

UNSEALED

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

440

Trial Exhibit 203

UNSEALED

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

440

Trial Exhibit 206

UNSEALED

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

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United States District Court
Northern District of California

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See id.

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See id.

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Case No. 14-cv-03750-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL

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440

Trial Exhibit 253

UNSEALED

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

440

Trial Exhibit 263

UNSEALED

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

440

Trial Exhibit 293

SEALED except for pages 1, 5,
7, 18, 19, 27 and 37.

Only sealed portions
narrowly tailored to
confidential business
information and not
previously disclosed
at trial.

440

Trial Exhibit 294

SEALED except for pages 1, 7
and 13.

Only sealed portions
narrowly tailored to
confidential business
information and not
previously disclosed
at trial.

440

Trial Exhibit 361

SEALED except for pages 1, 2,
4, 5, 10, 15 and 19.

Only sealed portions
narrowly tailored to
confidential business
information and not
previously disclosed
at trial.

440

Trial Exhibit 362

SEALED except for page 1.

Only sealed portions
narrowly tailored to
confidential business
information and not
previously disclosed
at trial.

440

Trial Exhibit 363

SEALED except for pages 1, 2,
3, 9, 10 and 11.

Only sealed portions
narrowly tailored to
confidential business
information and not
previously disclosed
at trial.

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United States District Court
Northern District of California

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Case No. 14-cv-03750-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL

440

Trial Exhibit 364

SEALED except for page 1.

Only sealed portions
narrowly tailored to
confidential business
information and not
previously disclosed
at trial.

440

Trial Exhibit 366

SEALED except for page 1.

Only sealed portions
narrowly tailored to
confidential business
information and not
previously disclosed
at trial.

440

Trial Exhibit 367

SEALED except for page 1.

Only sealed portions
narrowly tailored to
confidential business
information and not
previously disclosed
at trial.

440

Trial Exhibit 1019

SEALED

Narrowly tailored to
confidential business
information.

440

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Trial Exhibit 1036

SEALED except for rows 1 and
2162.

Only sealed portions
narrowly tailored to
confidential business
information and not
previously disclosed
at trial.

440

Trial Exhibit 1053

SEALED except for pages 1, 13,
135, 201, 211, 214, 218, 248,
267, 272, 452, 468, 471, 490 and
532.

Only sealed portions
narrowly tailored to
confidential business
information and not
previously disclosed
at trial.

444

Plaintiff’s Opposition to
Motion for Attorney’s Fees

Designations highlighted in
black at Docket No. 444-3
SEALED; all other designations
UNSEALED.

Designated portions
narrowly tailored to
confidential business
information.

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United States District Court
Northern District of California

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Case No. 14-cv-03750-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL

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447

Exhibit 10 to the Platt
Declaration (excerpts from
TX 54)

UNSEALED

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

447

Exhibit 11 to the Platt
Declaration (TX 58)

Designations highlighted in
black at Docket No. 453-3
SEALED; all other designations
UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

447

Exhibit 12 to the Platt
Declaration (TX 74)

Designations highlighted in
black at Docket No. 453-4
SEALED; all other designations
UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

447

Exhibit 14 to the Platt
Declaration (TX 2167)

UNSEALED

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

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United States District Court
Northern District of California

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SO ORDERED.
Dated: January 5, 2016
_________________________________
PAUL S. GREWAL
United States Magistrate Judge

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Case No. 14-cv-03750-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL