Cisco Systems Inc-v-Arista Networks, Inc

Filing 520

ORDER GRANTING IN PART AND DENYING IN PART 331 , 328 MOTIONS TO SEAL. Signed by Judge Beth Labson Freeman on 9/16/2016.(blflc4S, COURT STAFF) (Filed on 9/16/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
Northern District of California

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CISCO SYSTEMS INC,

Case No. 14-cv-05344-BLF

Plaintiff,
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v.

ORDER GRANTING IN PART
MOTIONS TO SEAL

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ARISTA NETWORKS, INC.,

[Re: ECF 331, 328]

Defendant.
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This order modifies the Court’s prior order, ECF 487, and specifically addresses parties’

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administrative motions to file under seal portions of their briefing and exhibits in support of their

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motions for partial summary judgment at ECF 331, 328. For the reasons stated below, the motions

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are 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 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. 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 respective declarations in support

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thereof. The Court finds the parties have articulated compelling reasons to seal certain portions of

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United States District Court
Northern District of California

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most of the submitted documents. The proposed redactions are also narrowly tailored. The

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Court’s rulings on the sealing requests are set forth in the tables below:

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A.
ECF 331
Identification of Documents
to be Sealed
Cisco’s Motion for Partial
Summary Judgment

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Exhibits 1-26; 40-41; 4448; 51-53; 64-70; 72; 74-

Description of Documents

Court’s Order

Line 23 on page 7 to line 1 on
page 8; lines 18-22 on page 9
lines 1-8, 14-15, 17-21 on page
10; line 27 on page 10 to line1
on page 11; lines 2-3, 7-10, 1721 on page 11; line 26 on page
11 to line 2 on page 12; lines
7-10, 24-27 on page 12;
lines 17-19 on page 15;
lines 13-15, 19-23 on page 16;
lines 17-21 on page 18;
lines 20-24 on page 19;
lines 25-27 on page 21;
lines 1, 16-19 on page 22; and
lines 5-8 on page 24 contain
Arista’s confidential product
and source code information,
and reference exhibits sought
to be sealed.
Arista does not seek to seal
Exhibits 44, 45, 48, 64, 66, 70,

GRANTED as to line 23 on
page 7 to line 1 on page 8;
lines 18-22 on page 9
lines 1-8, 14-15, 17-21 on page
10; line 27 on page 10 to line1
on page 11; lines 2-3, 7-10, 1721 on page 11; line 26 on page
11 to line 2 on page 12; lines
7-10, 24-27 on page 12;
lines 17-19 on page 15;
lines 13-15, 19-23 on page 16;
lines 17-21 on page 18;
lines 20-24 on page 19;
lines 25-27 on page 21;
lines 1, 16-19 on page 22; and
lines 5-8 on page 24; and
DENIED as to remainder.

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GRANTED as to specified
portions of Exhibits 47, 65, 67,

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75; 77-82 to the Declaration of
Amy H. Candido in Support of
Cisco’s Motion for Partial
Summary Judgment

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Line 24 on page 176 to line 25
on page 178; line 2 on page
325 to line 25 on page 330;
and lines 1-20 on page 345 of
Exhibit 67 contain Arista’s
confidential customer
information.

United States District Court
Northern District of California

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Lines 9-25 on page 101 of
Exhibit 68 contain Arista’s
confidential business
information.

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Lines 2-1 on page 39 of
Exhibit 72 contain Arista’s
confidential product
information.

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Line 7 on page 165 to line 25
on page 176 and line 1 on page
216 to line 25 on page 219 of
Exhibit 47 contain confidential
information related to Arista’s
software design and customer
information.

68, and 72; and Exhibits 1-26,
40-41, 44-46, 48, 51-53, 66,
69, 73-75, 77-82, in their
entirety; and DENIED as to
remainder.

Lines 3- 25 on page 88; line 22
on page 89 to line 25 on page
90; and lines 11-25 on page
238 of Exhibit 65 contain
Arista’s confidential business
information.

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and 74.

Exhibits 55, 58 to Declaration
of Amy H. Candido in Support
of Cisco’s Motion for Partial
Summary Judgment

The remaining exhibits in their
entirety contain confidential
information related to Arista’s
product development, sales
strategies, or business
information.
Highlighted portion at lines 4
to 24 on page 16 of Exhibit 55
contains confidential
information related to Arista’s
source code.
Arista does not seek to seal
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GRANTED as to highlighted
portions of Exhibit 55; and
DENIED as to remainder.

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United States District Court
Northern District of California

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Exhibit 54 to Declaration of
Amy H. Candido in Support of
Cisco’s Motion for Partial
Summary Judgment
Exhibit 50 to Declaration of
Amy H. Candido in Support of
Cisco’s Motion for Partial
Summary Judgment
Exhibit 76 to Declaration of
Amy H. Candido in Support of
Cisco’s Motion for Partial
Summary Judgment
Exhibit 1 to Declaration of
Judith A. Chevalier in Support
of Cisco’s Motion for Partial
Summary Judgment
Exhibit 1 to Declaration of
Kevin Almeroth in Support of
Cisco’s Motion for Partial
Summary Judgment
Exhibit 2 to Declaration of
Kevin Almeroth in Support of
Cisco’s Motion for Partial
Summary Judgment

Exhibit 58.
Highlighted portions contain
Cisco’s confidential source
code information.

GRANTED.

Hewlett Packard did not file a
declaration in support of
sealing this exhibit.

DENIED.

Arista does not seek to seal
this exhibit.

DENIED.

Highlighted portions contain
Arista’s confidential business
information.

GRANTED.

Highlighted portions contain
Arista’s confidential business
and marketing information.

GRANTED.

Highlighted portions contain
Arista’s confidential product
and marketing information.

GRANTED.

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B.
ECF 328
Identification of Documents
to be Sealed
Exhibit 10 to the Declaration
of Eduardo E. Santacana In
Support of Defendant Arista
Networks, Inc.’s Motion For
Partial Summary Judgment
Exhibit 11 to the Declaration
of Eduardo E. Santacana In
Support of Defendant Arista
Networks, Inc.’s Motion For
Partial Summary
Judgment
Exhibit 17 to the Declaration
of Eduardo E. Santacana In
Support of Defendant Arista
Networks, Inc.’s Motion For
Partial Summary Judgment
Exhibits 1-3, 7-9, 16, 18, 19,

Description of Documents

Court’s Order

A portion of the deposition
transcript of Kirk Lougheed at
362:16-371:16 contains
information of third party
source code and Cisco
products.
Portions of the deposition
transcript of Kirk Lougheed at
55:2-56:18 and 157:8-159:17
contain information of third
party source code and Cisco
products.
Contains confidential
information on Cisco’s
products.

GRANTS as 362:16-371:16;
and DENIED as to remainder.

Cisco does not seek to seal
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DENIED.

GRANTS as 55:2-56:18 and
157:8-159:17; and DENIED as
to remainder.

GRANTED.

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and 22-24 to the Declaration of these exhibits.
Eduardo E. Santacana In
Support of Defendant Arista
Networks, Inc.’s Motion For
Partial Summary Judgment

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IT IS SO ORDERED.
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Dated: September 16, 2016
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______________________________________
BETH LABSON FREEMAN
United States District Judge

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United States District Court
Northern District of California

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