ASUS Computer International et al v. InterDigital, Inc. et al

Filing 323

OMNIBUS ORDER GRANTING SEALING MOTIONS AT 318 AND 319 . Signed by Judge Beth Labson Freeman on 11/1/2018. (blflc3S, COURT STAFF) (Filed on 11/1/2018)

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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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ASUS COMPUTER INTERNATIONAL, et
al.,
Plaintiffs,

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v.
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Case No. 15-cv-01716-BLF
OMNIBUS ORDER RE: SEALING
MOTIONS AT ECF 318 AND ECF 319
[Re: ECF 318, 319]

INTERDIGITAL, INC., et al.,

United States District Court
Northern District of California

Defendants.
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Before the Court are Plaintiffs’ administrative motions to file under seal portions of their

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opposition brief and exhibits, and reply brief and exhibits, in connection with the parties’ motions

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for summary judgment. ECF 318, 319. For the reasons stated below, Plaintiffs’ motions are

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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 & Cty. 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)). Accordingly, when considering a sealing request, “a ‘strong

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presumption in favor of access’ is the starting point.” Id. (quoting Foltz v. State Farm Mut. Auto.

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Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003)). Parties seeking to seal judicial records relating to

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motions that are “more than tangentially related to the underlying cause of action” bear the burden

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of overcoming the presumption with “compelling reasons” that outweigh the general history of

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access and the public policies favoring disclosure. Ctr. for Auto Safety v. Chrysler Grp., 809 F.3d

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1092, 1099 (9th Cir. 2016); Kamakana, 447 F.3d at 1178–79.

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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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their competitive interest.” Apple Inc. v. Samsung Elecs. Co., Ltd., 727 F.3d 1214, 1228–29 (Fed.

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Cir. 2013). Records attached to motions that are “not related, or only tangentially related, to the

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merits of a case” therefore are not subject to the strong presumption of access. Ctr. for Auto

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Safety, 809 F.3d at 1099; see also Kamakana, 447 F.3d at 1179 (“[T]he public has less of a need

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for access to court records attached only to non-dispositive motions because those documents are

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often unrelated, or only tangentially related, to the underlying cause of action.”). Parties moving

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to seal the documents attached to such motions must meet the lower “good cause” standard of

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Rule 26(c). Kamakana, 447 F.3d at 1179 (internal quotations and citations omitted). This
standard requires a “particularized showing,” id., that “specific prejudice or harm will result” if the

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United States District Court
Northern District of California

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information is disclosed. Phillips ex rel. Estates of Byrd v. Gen. Motors Corp., 307 F.3d 1206,

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1210–11 (9th Cir. 2002); see Fed. R. Civ. P. 26(c). “Broad allegations of harm, unsubstantiated by

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specific examples of articulated reasoning” will not suffice. Beckman Indus., Inc. v. Int’l Ins. Co.,

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966 F.2d 470, 476 (9th Cir. 1992). A protective order sealing the documents during discovery

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may reflect the court’s previous determination that good cause exists to keep the documents

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sealed, see Kamakana, 447 F.3d at 1179–80, but a blanket protective order that allows the parties

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to designate confidential documents does not provide sufficient judicial scrutiny to determine

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whether each particular document should remain sealed. See Civ. L.R. 79-5(d)(1)(A) (“Reference

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to a stipulation or protective order that allows a party to designate certain documents as

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confidential is not sufficient to establish that a document, or portions thereof, are sealable.”).

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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 Civ. L.R.

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79-5(b), a sealing order is appropriate only upon a request that establishes the document is

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“sealable,” or “privileged or protectable as a trade secret or otherwise entitled to protection under

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

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must conform with Civil L.R. 79-5(d).” Civ. L.R. 79-5(b). In part, Civ. L.R. 79-5(d) requires the

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submitting party to attach a “proposed order that is narrowly tailored to seal only the sealable

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material” which “lists in table format each document or portion thereof that is sought to be
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sealed,” Civ. L.R. 79-5(d)(1)(b), and an “unredacted version of the document” that indicates “by

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highlighting or other clear method, the portions of the document that have been omitted from the

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redacted version.” Civ. L.R. 79-5(d)(1)(d). “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.” Civ. L.R. 79-5(e)(1).

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II.

DISCUSSION

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The Court has reviewed Plaintiffs’ sealing motions and the declarations of the designating

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parties submitted in support thereof. The Court finds that the parties have articulated compelling

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reasons to seal certain portions of the submitted documents. The proposed redactions are
generally narrowly tailored. The Court’s rulings on the sealing requests are set forth in the tables

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United States District Court
Northern District of California

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below.

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A. ECF 318 (Plaintiffs’ Motion as to Plaintiffs’ Opposition and Exhibits)
ECF Document to be Sealed:
Result
Reasoning
No.
318-4

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Exhibit A to Sealing
Declaration

GRANTED as to
highlighted portions by
the designating parties.

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Contains confidential information
relating to the parties’ licensing
negotiation communications.
Franzinger Decl. ¶ 2 at ECF 3181. Disclosure of such information
would harm Plaintiffs. Id.
Contains confidential information
relating to Defendants’ licenses
with third parties. Rees Decl. ¶ 4,
ECF 273. Disclosure of such
information would cause harm to
Defendants, the designating party.
Id.

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318-5

Exhibit B

GRANTED.

Contains confidential information
relating to the parties’ arbitration
proceedings. Franzinger Decl. ¶ 3
at ECF 318-1.

318-6

Exhibit C

GRANTED.

Contains confidential information
relating to the parties’ arbitration
proceedings. Franzinger Decl. ¶ 4
at ECF 318-1.

318-7

Exhibit D

GRANTED.

Contains confidential information

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ECF
No.

Document to be Sealed:

Result

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relating to the parties’ arbitration
proceedings. Franzinger Decl. ¶ 5
at ECF 318-1.

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318-9

Exhibit E

GRANTED as to
highlighted portions by
the designating parties.

Contains confidential information
relating to the parties’ licensing
negotiation communications.
Franzinger Decl. ¶ 6 at ECF
318-1.

318-10 Exhibit F

GRANTED.

Contains confidential information
relating to the parties’ arbitration
proceedings. Franzinger Decl. ¶ 7
at ECF 318-1.

318-11 Exhibit G

GRANTED.

Contains confidential information
relating to the parties’ arbitration
proceedings. Franzinger Decl. ¶ 8
at ECF 318-1.

318-12 Exhibit H

GRANTED.

Contains confidential information
relating to the parties’ arbitration
proceedings. Franzinger Decl. ¶ 9
at ECF 318-1.

318-13 Exhibit I

GRANTED.

Contains confidential information
relating to the parties’ arbitration
proceedings. Franzinger Decl. ¶
10 at ECF 318-1.

318-14 Exhibit J

GRANTED.

Contains confidential information
relating to Defendants’ licenses
with third parties. Rees Decl. ¶
13, ECF 273. Disclosure of such
information would cause harm to
Defendants, the designating party.
Id.

318-16 Exhibit K

GRANTED as to
highlighted portions by
the designating parties.

Contains confidential and highly
sensitive information relating to
the parties’ licensing negotiation
communications. Franzinger
Decl. ¶ 12 at ECF 318-1.

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United States District Court
Northern District of California

Reasoning

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Contains confidential information
relating to Defendants’ licenses
with third parties. Rees Decl. ¶
14, ECF 273. Disclosure of such
information would cause harm to

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ECF
No.

Document to be Sealed:

Result

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Defendants, the designating party.
Id.

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318-18 Exhibit L

GRANTED as to
highlighted portions by
the designating parties.

Contains confidential information
relating to Defendants’ licenses
with third parties. Rees Decl. ¶
15, ECF 273. Disclosure of such
information would cause harm to
Defendants, the designating party.
Id.

318-19 Exhibit M

GRANTED.

Contains confidential information
relating to Defendants’ licenses
with third parties. Rees Decl. ¶
16, ECF 273. Disclosure of such
information would cause harm to
Defendants, the designating party.
Id.

318-20 Exhibit N

GRANTED.

Contains confidential information
relating to Defendants’ licenses
with third parties. Rees Decl. ¶
17, ECF 273. Disclosure of such
information would cause harm to
Defendants, the designating party.
Id.

318-21 Exhibit O

GRANTED.

Contains confidential information
relating to the parties’ arbitration
proceedings. Franzinger Decl. ¶
16 at ECF 318-1.

318-22 Exhibit P

GRANTED.

Contains confidential information
relating to the parties’ licensing
negotiation communications.
Franzinger Decl. ¶ 17 at ECF 3181. Disclosure of such information
would harm Plaintiffs. Id.

318-23 Exhibit Q

GRANTED.

Contains confidential information
relating to the parties’ licensing
negotiation communications.
Franzinger Decl. ¶ 18 at ECF 3181. Disclosure of such information
would harm Plaintiffs. Id.

318-25 Exhibit R

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GRANTED as to
highlighted portions by
the designating parties.

Contains confidential information
relating to the parties’ licensing
negotiation communications.

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United States District Court
Northern District of California

Reasoning

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ECF
No.

Document to be Sealed:

Result

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Franzinger Decl. ¶ 19 at ECF 3181.

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318-26 Exhibit S

GRANTED.

Contains confidential information
relating to the parties’ licensing
negotiation communications.
Franzinger Decl. ¶ 20 at ECF 3181. Disclosure of such information
would harm Plaintiffs. Id.

318-27 Exhibit T

GRANTED.

Contains confidential information
relating to the parties’ licensing
negotiation communications.
Franzinger Decl. ¶ 21 at ECF 3181. Disclosure of such information
would harm Plaintiffs. Id.

318-28 Exhibit U

GRANTED.

Contains confidential information
relating to Defendants’ licenses
with third parties. Rees Decl. ¶
24, ECF 273. Disclosure of such
information would cause harm to
Defendants, the designating party.
Id.

318-29 Exhibit V

GRANTED.

Contains confidential information
relating to the parties’ licensing
agreement. Franzinger Decl. ¶ 23
at ECF 318-1.

318-31 Exhibit W

GRANTED as to
highlighted portions by
the designating parties.

Contains confidential information
relating to plaintiffs’ pricing
strategies and the parties’
negotiations. Franzinger Decl. ¶
24 at ECF 318-1. Disclosure of
such information would harm
Plaintiffs. Id.

318-33 Exhibit X

GRANTED as to
highlighted portions by
the designating parties.

Contains confidential information
relating to the parties’ licensing
negotiation communications.
Franzinger Decl. ¶ 25 at ECF 3181. Disclosure of such information
would harm Plaintiffs. Id.

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United States District Court
Northern District of California

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Reasoning

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Contains confidential information
relating to Defendants’ licenses
with third parties. Rees Decl. ¶
27, ECF 273. Disclosure of such

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ECF
No.

Document to be Sealed:

Result

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information would cause harm to
Defendants, the designating party.
Id.

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Reasoning

318-34 Exhibit Y

GRANTED.

Contains confidential information
relating to Defendants’ licenses
with third parties. Rees Decl. ¶
28, ECF 273. Disclosure of such
information would cause harm to
Defendants, the designating party.
Id.

318-35 Exhibit Z

GRANTED.

Contains confidential information
relating to Defendants’ licenses
with third parties. Rees Decl. ¶
29, ECF 273. Disclosure of such
information would cause harm to
Defendants, the designating party.
Id.

318-36 Exhibit AA

GRANTED.

Contains confidential information
relating to Defendants’ licenses
with third parties. Rees Decl. ¶
30, ECF 273. Disclosure of such
information would cause harm to
Defendants, the designating party.
Id.

318-38 Exhibit BB

GRANTED as to
highlighted portions by
the designating parties.

Contains confidential information
relating to the parties’ licensing
agreements. Rees Decl. ¶ 31, ECF
273. Id.

318-40 Exhibit CC

GRANTED as to
highlighted portions by
the designating parties.

Contains confidential information
relating to the parties’ licensing
negotiations. Rees Decl. ¶ 32,
ECF 273. Id.

318-42 Exhibit DD

GRANTED as to
highlighted portions by
the designating parties.

Contains confidential information
relating to parties’ licensing
agreement. Franzinger Decl. ¶ 31
at ECF 318-1. Disclosure of such
information would harm Plaintiffs.
Id.

318-44 Exhibit EE

GRANTED as to
highlighted portions by
the designating parties.

Contains confidential information
relating to parties’ licensing
agreement. Franzinger Decl. ¶ 32
at ECF 318-1. Disclosure of such

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United States District Court
Northern District of California

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ECF
No.

Document to be Sealed:

Result

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information would harm Plaintiffs.
Id.

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318-45 Exhibit FF

GRANTED.

Contains confidential information
relating to the parties’ licensing
negotiation communications.
Franzinger Decl. ¶ 33 at ECF 3181. Disclosure of such information
would harm Plaintiffs. Id.

318-46 Exhibit GG

GRANTED.

Contains confidential information
relating to parties’ licensing
agreement. Franzinger Decl. ¶ 34
at ECF 318-1. Disclosure of such
information would harm Plaintiffs.
Id.

318-47 Exhibit HH

GRANTED.

Contains confidential information
relating to Defendants’ licenses
with third parties. Rees Decl. ¶
36, ECF 273. Disclosure of such
information would cause harm to
Defendants, the designating party.
Id.

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United States District Court
Northern District of California

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Reasoning

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B. ECF 319 (Plaintiffs’ Motion as to Plaintiffs’ Reply and Exhibits)
ECF Document to be Sealed:
Result
Reasoning
No.

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319-4

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Exhibit A

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GRANTED as to
highlighted portions by
the designating parties.

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Contains confidential information
relating to Defendants’ licenses
with third parties. Rees Decl. ¶ 4,
ECF 302. Disclosure of such
information would cause harm to
Defendants, the designating party.
Id.

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319-5
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Contains confidential information
relating to the parties’ licensing
negotiation communications.
Franzinger Decl. ¶ 2 at ECF 3191.

Exhibit B

GRANTED as to
highlighted portions by
the designating parties.
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Contains confidential information
relating to Defendants’ licenses
with third parties. Rees Decl. ¶ 5,

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ECF
No.

Document to be Sealed:

Result

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ECF 302. Disclosure of such
information would cause harm to
Defendants, the designating party.
Id.

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319-6

Exhibit C

GRANTED as to
highlighted portions by
the designating parties.

Contains confidential information
relating to Defendants’ licenses
with third parties. Rees Decl. ¶ 6,
ECF 302. Disclosure of such
information would cause harm to
Defendants, the designating party.
Id.

319-8

Exhibit D

GRANTED as to
highlighted portions by
the designating parties.

Contains confidential information
relating to Defendants’ licenses
with third parties. Rees Decl. ¶ 7,
ECF 302. Disclosure of such
information would cause harm to
Defendants, the designating party.
Id.

319-10 Exhibit E

GRANTED as to
highlighted portions by
the designating parties.

Contains confidential information
relating to Defendants’ license
negotiations with Plaintiffs. Rees
Decl. ¶ 8, ECF 302. Disclosure of
such information would cause
harm to Defendants, the
designating party. Id.

319-11 Exhibit F

GRANTED.

Contains confidential information
relating to Defendants’ licenses
with third parties. Rees Decl. ¶ 9,
ECF 302. Disclosure of such
information would cause harm to
Defendants, the designating party.
Id.

319-13 Exhibit G

GRANTED as to
highlighted portions by
the designating parties.

Contains confidential information
relating to Defendants’ internal
patent analyses. Rees Decl. ¶ 10,
ECF 302. Disclosure of such
information would cause harm to
Defendants, the designating party.
Id.

319-15 Exhibit H

GRANTED as to
highlighted portions by
the designating parties.

Contains confidential information
relating to the parties’ licensing
negotiation communications.
Franzinger Decl. ¶ 9 at ECF 319-

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United States District Court
Northern District of California

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Reasoning

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ECF
No.

Document to be Sealed:

Result

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1.

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Contains confidential information
relating to Defendants’ internal
licensing practices and negotiation
strategies. Rees Decl. ¶ 11, ECF
302. Disclosure of such
information would cause harm to
Defendants, the designating party.
Id.

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319-17 Exhibit I

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GRANTED as to
highlighted portions by
the designating parties.

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United States District Court
Northern District of California

Reasoning

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Contains confidential information
relating to Defendants’ licenses
with third parties. Rees Decl. ¶
12, ECF 302. Disclosure of such
information would cause harm to
Defendants, the designating party.
Id.

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III.

ORDER
For the foregoing reasons, Plaintiffs’ motions at ECF 318 and ECF 319 are GRANTED.

The parties need not file lesser redacted versions of the documents, as the respective designating
parties have already done so.

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IT IS SO ORDERED.

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Dated: November 1, 2018
______________________________________
BETH LABSON FREEMAN
United States District Judge

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