Tessera, Inc. v. Toshiba Corporation

Filing 309

OMNIBUS ORDER RE 302 , 304 : ADMINISTRATIVE MOTIONS TO SEAL DOCUMENTS. Signed by Judge Beth Labson Freeman on 2/13/2017. (blflc2S, COURT STAFF) (Filed on 2/13/2017)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN JOSE DIVISION 6 7 TESSERA, INC., Case No. 15-cv-02543-BLF Plaintiff, 8 v. 9 10 TOSHIBA CORPORATION, Defendant. OMNIBUS ORDER RE: ADMINISTRATIVE MOTIONS TO SEAL DOCUMENTS [Re: ECF 302, 304] United States District Court Northern District of California 11 12 Before the Court are two administrative motions to seal, one from Plaintiff Tessera, Inc., 13 14 and one from Defendant Toshiba Corp. See ECF 302, 304. The motions relate to the briefing on 15 the parties’ cross-motions for summary judgment. For the reasons discussed below, the motions 16 are GRANTED IN PART AND DENIED IN PART. 17 18 I. LEGAL STANDARD “Historically, courts have recognized a ‘general right to inspect and copy public records 19 and documents, including judicial records and documents.’” Kamakana v. City & Cty. of 20 Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Commc’ns, Inc., 435 21 U.S. 589, 597 & n. 7 (1978)). Accordingly, when considering a sealing request, “a ‘strong 22 presumption in favor of access’ is the starting point.” Id. (quoting Foltz v. State Farm Mut. Auto. 23 Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003)). Parties seeking to seal judicial records relating to 24 motions that are “more than tangentially related to the underlying cause of action” bear the burden 25 of overcoming the presumption with “compelling reasons” that outweigh the general history of 26 access and the public policies favoring disclosure. Ctr. for Auto Safety v. Chrysler Grp., 809 F.3d 27 1092, 1099 (9th Cir. 2016); Kamakana, 447 F.3d at 1178–79. 28 However, “while protecting the public’s interest in access to the courts, we must remain 1 mindful of the parties’ right to access those same courts upon terms which will not unduly harm 2 their competitive interest.” Apple Inc. v. Samsung Elecs. Co., Ltd., 727 F.3d 1214, 1228–29 (Fed. 3 Cir. 2013). Records attached to motions that are “not related, or only tangentially related, to the 4 merits of a case” therefore are not subject to the strong presumption of access. Ctr. for Auto 5 Safety, 809 F.3d at 1099; see also Kamakana, 447 F.3d at 1179 (“[T]he public has less of a need 6 for access to court records attached only to non-dispositive motions because those documents are 7 often unrelated, or only tangentially related, to the underlying cause of action.”). Parties moving 8 to seal the documents attached to such motions must meet the lower “good cause” standard of 9 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 11 United States District Court Northern District of California 10 information is disclosed. Phillips ex rel. Estates of Byrd v. Gen. Motors Corp., 307 F.3d 1206, 12 1210–11 (9th Cir. 2002); see Fed. R. Civ. P. 26(c). “Broad allegations of harm, unsubstantiated 13 by specific examples of articulated reasoning” will not suffice. Beckman Indus., Inc. v. Int’l Ins. 14 Co., 966 F.2d 470, 476 (9th Cir. 1992). A protective order sealing the documents during 15 discovery may reflect the court’s previous determination that good cause exists to keep the 16 documents sealed, see Kamakana, 447 F.3d at 1179–80, but a blanket protective order that allows 17 the parties to designate confidential documents does not provide sufficient judicial scrutiny to 18 determine whether each particular document should remain sealed. See Civ. L.R. 79-5(d)(1)(A) 19 (“Reference to a stipulation or protective order that allows a party to designate certain documents 20 as confidential is not sufficient to establish that a document, or portions thereof, are sealable.”). 21 In addition to making particularized showings of good cause, parties moving to seal 22 documents must comply with the procedures established by Civ. L.R. 79-5. Pursuant to Civ. L.R. 23 79-5(b), a sealing order is appropriate only upon a request that establishes the document is 24 “sealable,” or “privileged or protectable as a trade secret or otherwise entitled to protection under 25 the law.” “The request must be narrowly tailored to seek sealing only of sealable material, and 26 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 27 submitting party to attach a “proposed order that is narrowly tailored to seal only the sealable 28 material” which “lists in table format each document or portion thereof that is sought to be 2 1 sealed,” Civ. L.R. 79-5(d)(1)(b), and an “unredacted version of the document” that indicates “by 2 highlighting or other clear method, the portions of the document that have been omitted from the 3 redacted version.” Civ. L.R. 79-5(d)(1)(d). “Within 4 days of the filing of the Administrative 4 Motion to File Under Seal, the Designating Party must file a declaration as required by subsection 5 79-5(d)(1)(A) establishing that all of the designated material is sealable.” Civ. L.R. 79-5(e)(1). 6 II. DISCUSSION The sealing motions at issue are resolved under the compelling reasons standard because 7 8 motions for summary judgment are more than tangentially related to the merits of this case. With 9 this standard in mind, the Court rules on the instant motions as follows: 10 United States District Court Northern District of California 11 ECF No. 302-4 12 13 14 302-6 15 16 17 18 302-7 19 20 21 302-8 22 23 24 25 26 27 302-9 Document to be Sealed Tessera’s Motion for Partial Summary Judgment Ex. 1 to Tessera’s Motion for Partial Summary Judgment Ex. 2 to Tessera’s Motion for Partial Summary Judgment Ex. 3 to Tessera’s Motion for Partial Summary Judgment Ex. 4 to Tessera’s Motion for Partial Summary Judgment Result Reasoning GRANTED as to highlighted portions. GRANTED as to highlighted portions. Contains confidential information pertaining to Tessera’s confidential licensing program—a critical trade secret for Tessera. Glucoft Decl. ¶ 9, ECF 3021. Contains confidential information pertaining to Tessera’s confidential licensing program—a critical trade secret for Tessera. Glucoft Decl. ¶ 9. GRANTED. Contains confidential information pertaining to Tessera’s confidential licensing program—a critical trade secret for Tessera. Glucoft Decl. ¶ 9. GRANTED. Contains confidential information pertaining to Tessera’s confidential licensing program—a critical trade secret for Tessera. Glucoft Decl. ¶ 9. DENIED. Contains excerpts from the deposition transcript of Toshiba employee Ikuko Shimogawara. Denied because the designating party did not provide a supporting declaration. 28 3 1 302-10 2 3 4 302-11 5 6 7 8 302-12 9 10 United States District Court Northern District of California 11 302-14 12 13 14 302-15 15 16 17 18 304-3 19 20 Ex. 5 to Tessera’s Motion for Partial Summary Judgment Ex. 6 to Tessera’s Motion for Partial Summary Judgment Ex. 7 to Tessera’s Motion for Partial Summary Judgment Ex. 8 to Tessera’s Motion for Partial Summary Judgment Ex. 9 to Tessera’s Motion for Partial Summary Judgment Toshiba’s Motion for Partial Summary Judgment GRANTED. Contains confidential information pertaining to Tessera’s confidential licensing program—a critical trade secret for Tessera. Glucoft Decl. ¶ 9. GRANTED. Contains confidential information pertaining to Tessera’s confidential licensing program—a critical trade secret for Tessera. Glucoft Decl. ¶ 9. DENIED. Contains excerpts from the deposition transcript of Toshiba employee Jun Oomori. Denied because the designating party did not provide a supporting declaration. GRANTED as to the highlighted portions. Contains confidential information pertaining to Tessera’s confidential licensing program—a critical trade secret for Tessera. Glucoft Decl. ¶ 9. GRANTED. Contains confidential information pertaining to Tessera’s confidential licensing program—a critical trade secret for Tessera. Glucoft Decl. ¶ 9. GRANTED as to the highlighted portions. Liang Decl. ISO Toshiba’s Motion for Partial Summary Judgment (“Liang Decl.”) GRANTED as to the highlighted portions. Contains information pertaining to terms, patents, technology, and royalty payments related to confidential license agreements between Toshiba and Tessera, confidential communications among Toshiba, Tessera, and related third parties, and performance and findings of confidential royalty compliance inspections. Qiu Decl. ¶ 4, ECF 304-1. Contains information pertaining to patents involved in confidential license agreements between Toshiba and Tessera. Qiu Decl. ¶ 5. 21 22 23 24 25 26 27 304-5 28 4 1 304-7 Ex. 1 to Liang Decl. GRANTED as to the highlighted portions. Contains information pertaining to terms of and patents/technology involved in confidential license agreements between Toshiba and Tessera. Qiu Decl. ¶ 6. 304-9 Ex. 2 to Liang Decl. GRANTED as to the highlighted portions. 304-11 Ex. 3 to Liang Decl. GRANTED. 304-12 Ex. 4 to Liang Decl. GRANTED. 304-13 Ex. 5 to Liang Decl. GRANTED. 304-14 Ex. 6 to Liang Decl. GRANTED. 304-15 Ex. 7 to Liang Decl. GRANTED as to the highlighted portions. 304-17 Ex. 8 to Liang Decl. GRANTED as to the highlighted portions. Contains information pertaining to terms, technologies, and royalty payments related to confidential license agreements between Toshiba and Tessera and confidential communications between Toshiba and Tessera. Qiu Decl. ¶7. Contains information pertaining to terms of and patents/technology involved in confidential license agreements between Toshiba and Tessera. Qiu Decl. ¶8. Contains information pertaining to terms of and patents/technology involved in confidential license agreements between Toshiba and Tessera. Qiu Decl. ¶8. Deposition transcript of current or past personnel of a third-party service provider that contains information pertaining to confidential communications among Toshiba, Tessera, and the third-party service provider and performance and findings of confidential royalty compliance inspections. Qiu Decl. ¶ 9. Deposition transcript of current or past personnel of a third-party service provider that contains information pertaining to confidential communications among Toshiba, Tessera, and the third-party service provider and performance and findings of confidential royalty compliance inspections. Qiu Decl. ¶ 9. Contains confidential email addresses, telephone and facsimile numbers, and addresses of Toshiba, Tessera, and thirdparty personnel. Qiu Decl. ¶ 10. Contains confidential email addresses, telephone and facsimile numbers, and addresses of Toshiba, Tessera, and thirdparty personnel. Qiu Decl. ¶ 10. 2 3 4 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 1 304-19 Ex. 9 to Liang Decl. GRANTED as to the highlighted portions. 304-21 Ex. 10 to Liang Decl. GRANTED as to the highlighted portions. 304-23 Ex. 11 to Liang Decl. GRANTED as to the highlighted portions. 304-25 Ex. 12 to Liang Decl. GRANTED. 304-26 Ex. 13 to Liang Decl. GRANTED. 304-27 Ex. 14 to Liang Decl. GRANTED. 2 3 4 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 Contains confidential email addresses, telephone and facsimile numbers, and addresses of Toshiba, Tessera, and thirdparty personnel. Qiu Decl. ¶ 10. Contains confidential email addresses, telephone and facsimile numbers, and addresses of Toshiba, Tessera, and thirdparty personnel. Qiu Decl. ¶ 10. Contains confidential email addresses, telephone and facsimile numbers, and addresses of Toshiba, Tessera, and thirdparty personnel. Qiu Decl. ¶ 10. Contains information pertaining to confidential communications among Toshiba, Tessera, and a third-party service provider, performance and findings of confidential royalty compliance inspections, and Toshiba’s royalty payments and products/ technologies related to confidential license agreements between Toshiba and Tessera. Qiu Decl. ¶ 11. Contains information pertaining to confidential communications among Toshiba, Tessera, and a third-party service provider, performance and findings of confidential royalty compliance inspections, and Toshiba’s royalty payments and products/ technologies related to confidential license agreements between Toshiba and Tessera. Qiu Decl. ¶ 11. Contains information pertaining to confidential communications among Toshiba, Tessera, and a third-party service provider, performance and findings of confidential royalty compliance inspections, and Toshiba’s royalty payments and products/ technologies related to confidential license agreements between Toshiba and Tessera. Qiu Decl. ¶ 11. 1 304-28 Ex. 15 to Liang Decl. GRANTED. 304-29 Ex. 16 to Liang Decl. GRANTED. 304-30 Ex. 17 to Liang Decl. GRANTED. 304-31 Ex. 18 to Liang Decl. GRANTED. 304-32 Ex. 19 to Liang Decl. Contains information pertaining to confidential communications among Toshiba, Tessera, and a third-party service provider, performance and findings of confidential royalty compliance inspections, and Toshiba’s royalty payments and products/ technologies related to confidential license agreements between Toshiba and Tessera. Qiu Decl. ¶ 11. Contain information pertaining to confidential communications between Toshiba and Tessera related to confidential royalty compliance inspections and Toshiba’s products/technology and royalty payments related to confidential license agreements between Toshiba and Tessera. Qiu Decl. ¶ 12. Contain information pertaining to confidential communications between Toshiba and Tessera related to confidential royalty compliance inspections and Toshiba’s products/technology and royalty payments related to confidential license agreements between Toshiba and Tessera. Qiu Decl. ¶ 12. Contains information pertaining to confidential communications among Toshiba, Tessera, and a third-party service provider, performance and findings of confidential royalty compliance inspections, and Toshiba’s royalty payments and products/ technologies related to confidential license agreements between Toshiba and Tessera. Qiu Decl. ¶ 11. Contain information pertaining to confidential internal communications among Tessera employees about Toshiba’s royalty obligations and payments pursuant to confidential license agreements between the parties. Qiu Decl. ¶ 13. GRANTED. 2 3 4 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 1 304-33 Ex. 20 to Liang Decl. GRANTED. 304-34 Ex. 21 to Liang Decl. GRANTED. 304-35 Ex. 22 to Liang Decl. GRANTED. 304-36 Ex. 23 to Liang Decl. GRANTED. 304-37 Ex. 24 to Liang Decl. GRANTED. 304-38 Ex. 26 to Liang Decl. GRANTED. 304-39 Ex. 27 to Liang Decl. Contain information pertaining to confidential internal communications among Tessera employees about Toshiba’s royalty obligations and payments pursuant to confidential license agreements between the parties. Qiu Decl. ¶ 13. Contain information pertaining to confidential internal communications among Tessera employees about Toshiba’s royalty obligations and payments pursuant to confidential license agreements between the parties. Qiu Decl. ¶ 13. Contain information pertaining to confidential internal communications among Tessera employees about Toshiba’s royalty obligations and payments pursuant to confidential license agreements between the parties. Qiu Decl. ¶ 13. Contain information pertaining to confidential internal communications among Tessera employees about Toshiba’s royalty obligations and payments pursuant to confidential license agreements between the parties. Qiu Decl. ¶ 13. Contains a compilation of technology and market reports created by a thirdparty research organization. Qiu Decl. ¶ 14. Contains information pertaining to confidential communications between Toshiba and Tessera regarding patents and technology allegedly related to confidential license agreements between Toshiba and Tessera. Qiu Decl. ¶ 15. Contains information pertaining to confidential communications between Toshiba and Tessera regarding patents and technology allegedly related to confidential license agreements between Toshiba and Tessera. Qiu Decl. ¶ 15. GRANTED. 2 3 4 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 III. ORDER For the foregoing reasons, the sealing motions at ECF 302 and 304 are GRANTED IN 28 8 1 PART and DENIED IN PART. Under Civil Local Rule 79-5(e)(2), for any request that has been 2 denied because the party designating a document as confidential or subject to a protective order 3 has not provided sufficient reasons to seal, the submitting party must file the unredacted (or lesser 4 redacted) documents into the public record no earlier than 4 days and no later than 10 days from 5 the filing of this order. 6 IT IS SO ORDERED. 7 8 9 10 Dated: February 13, 2017 ______________________________________ BETH LABSON FREEMAN United States District Judge United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9

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