PersonalWeb Technologies LLC et al v. International Business Machines Corporation

Filing 347

OMNIBUS ORDER REGARDING 273 286 287 289 309 316 319 322 324 325 334 ADMINISTRATIVE MOTIONS TO FILE UNDER SEAL. Signed by Judge Edward J. Davila on 7/27/2017. (patentlcsjS, COURT STAFF) (Filed on 7/27/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 PERSONALWEB TECHNOLOGIES LLC, et al., Plaintiffs, 9 v. 10 United States District Court Northern District of California 11 12 INTERNATIONAL BUSINESS MACHINES CORPORATION, Case No. 16-cv-01266-EJD OMNIBUS ORDER RE: ADMINISTRATIVE MOTIONS TO SEAL Re: Dkt. Nos. 273, 286, 287, 289, 309, 316, 319, 322, 324, 325, 334 Defendant. 13 14 Before the Court are administrative motions to seal filed by the parties in connection with 15 their motions in limine and other pretrial orders. For the reasons set forth below, the motions are 16 GRANTED. 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 and Cnty. 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)). Consequently, access to motions and their attachments that are 22 “more than tangentially related to the merits of a case” may be sealed only upon a showing of 23 “compelling reasons” for sealing. Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 24 1101-02 (9th Cir. 2016). Filings that are only tangentially related to the merits may be sealed 25 upon a lesser showing of “good cause.” Id. at 1097. In addition, sealing motions filed in this 26 district must be “narrowly tailored to seek sealing only of sealable material.” Civil L.R. 79-5(b). 27 A party moving to seal a document in whole or in part must file a declaration establishing that the 28 1 Case No.: 16-cv-01266-EJD OMNIBUS ORDER RE: ADMINISTRATIVE MOTIONS TO SEAL 1 identified material is “sealable.” Civ. L.R. 79-5(d)(1)(A). “Reference to a stipulation or 2 protective order that allows a party to designate certain documents as confidential is not sufficient 3 to establish that a document, or portions thereof, are sealable.” Id. 4 5 II. DISCUSSION The Court has reviewed each of the parties’ sealing motions and the declarations submitted 6 in support thereof. The Court finds that the parties have articulated compelling reasons and good 7 cause to seal the submitted documents. The proposed redactions are also narrowly tailored. The 8 Court’s rulings on the sealing requests are set forth in the tables below: 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 A. Dkt. No. 273 Materials to be Sealed PersonalWeb’s Daubert Motion, pp. 2-8, 10, 13-14, as indicated in the redacted copy filed with the motion to seal — showing information relating to IBM’s revenues, and the extent to which the accused clientside deduplication functionality is used by IBM customers. Exhibit A to the Daubert Motion — showing information relating to IBM’s revenue and sales. Exhibit B to the Daubert Motion — showing the manner in which IBM’s expert calculated his damages figure based on IBM’s revenues. Exhibit C to the Daubert Motion — showing the extent to which “clientside deduplication” is used by IBM’s TSM customers. Exhibit D to the Daubert Motion — showing the extent to which “clientside deduplication” is used by IBM’s TSM customers. B. Materials to be Sealed Motion to Exclude the Opinions of Dr. Michael Akemann, page 1, lines 22-26, page 2, lines 3-14, page 3, lines 12, 26 and 28, page 4, lines 5-8, 10-21 and 24, page 5, lines 1-3, 6, 14, 15, 21, page 5, line 13, page 7, line 4 – contains confidential business information of IBM, PersonalWeb, and third parties Exhibit 1 - contains confidential business information of IBM, PersonalWeb, and third parties Exhibit 3 - contains confidential business information of PersonalWeb Exhibit 4 - contains confidential business information of PersonalWeb 26 27 28 C. GRANTED. GRANTED. GRANTED. GRANTED. GRANTED. Dkt. No. 286 24 25 Order Order GRANTED. GRANTED. GRANTED. GRANTED. Dkt. No. 287 Materials to be Sealed Exhibit 3 to IBM’s Motion in Limine No. 2 to Exclude from Trial Opinions Not Disclosed in Expert Reports, 9:5, 22:10-12, 22:25, 23:11, 23:18, 23:21, 24: 6, 24:24, 26:24, 27:1, 28:10 – contains IBM and PersonalWeb confidential business information 2 Order GRANTED. 1 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 Exhibit 4 to IBM’s Motion in Limine No. 2 to Exclude from Trial Opinions Not Disclosed in Expert Reports, page 13, lines 6 & 8, page 15, lines 23-29 – contains IBM, PersonalWeb, and third party confidential business information Exhibit 5 to IBM’s Motion in Limine No. 2 to Exclude from Trial Opinions Not Disclosed in Expert Reports, page 9, lines 15-16, page 10, lines 3-6 and 16-21 – contains IBM confidential business information Exhibit 5 to IBM’s Motion in Limine No. 4 to Exclude Testimony Conflicting with Court’s Claim Constructions and Arguing Claim Construction to the Jury – contains IBM confidential business information Exhibit 6 to IBM’s Motion in Limine No. 4 to Exclude Testimony Conflicting with Court’s Claim Constructions and Arguing Claim Construction to the Jury – contains IBM confidential business information IBM’s Motion in Limine No. 5 to Exclude From Trial USPTO Activities and Unsupported or Improper Validity Arguments – contains confidential information of PersonalWeb Exhibit 8 to IBM’s Motion in Limine No. 5 to Exclude From Trial USPTO Activities and Unsupported or Improper Validity Arguments – contains confidential information of PersonalWeb Exhibit 9 to IBM’s Motion in Limine No. 5 to Exclude From Trial USPTO Activities and Unsupported or Improper Validity Arguments – contains confidential information of PersonalWeb Exhibit 10 to IBM’s Motion in Limine No. 5 to Exclude From Trial USPTO Activities and Unsupported or Improper Validity Arguments – contains confidential information of PersonalWeb Exhibit 11 to IBM’s Motion in Limine No. 5 to Exclude From Trial USPTO Activities and Unsupported or Improper Validity Arguments – contains confidential information of PersonalWeb Exhibit 12 to IBM’s Motion in Limine No. 5 to Exclude From Trial USPTO Activities and Unsupported or Improper Validity Arguments – contains confidential information of PersonalWeb Exhibit 13 to IBM’s Motion in Limine No. 5 to Exclude From Trial USPTO Activities and Unsupported or Improper Validity Arguments – contains confidential information of PersonalWeb Exhibit 1 to IBM’s Motion in Limine No. 7 to Exclude From Trial Use of IBM’s ’257 Patent for Infringement Purposes – contains IBM confidential business information Exhibit 2 to IBM’s Motion in Limine No. 7 to Exclude From Trial Use of IBM’s ’257 Patent for Infringement Purposes – contains IBM confidential business information D. GRANTED. GRANTED. GRANTED. GRANTED. GRANTED. GRANTED. GRANTED. GRANTED. GRANTED. GRANTED. GRANTED. GRANTED. GRANTED. Dkt. No. 289 Materials to be Sealed Exhibit 1, image on p. 54, image on p. 56 - contains confidential business information of IBM 3 Order GRANTED. 1 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 E. Dkt. No. 309 Materials to be Sealed Exhibit 2 to the Christoff Declaration — showing information relating to IBM’s confidential source code Exhibit 3 to the Christoff Declaration — showing information relating to IBM’s confidential source code Exhibit 8 to the Christoff Declaration — showing information relating to IBM’s TSM sales and revenues Exhibit 9 to the Christoff Declaration — showing information relating to IBM’s TSM sales and revenues F. GRANTED. GRANTED. GRANTED. GRANTED. Dkt. No. 316 Materials to be Sealed PersonalWeb’s Opposition, pp. 1-5, 7, and 11, contains confidential business information of IBM, PersonalWeb, and third parties G. Order Order GRANTED. Dkt. No. 319 Materials to be Sealed Opposition to Daubert Motion to Exclude Portions of the Rebuttal Expert Report and Proposed Testimony of Dr. James R. Kearl, page 3, line 7; page 4 lines 14-17,19, 24-25; page 5, line 1; page 6, lines 6-7, 12-14; page 7, line 13; page 8, lines 2-3; page 12, line 20; page 13, lines 1-3; page 15, line 1 - contains confidential business information, confidential financial information related to IBM and third parties, and confidential settlement and license terms relating to third parties. Exhibit 1 - contains confidential business information, confidential financial information related to IBM and third parties, and confidential settlement and license terms relating to third parties. Exhibit 2 - contains confidential business information, confidential financial information related to IBM and third parties, and confidential settlement and license terms relating to third parties. Exhibit 4 - contains confidential business information, confidential financial information related to IBM and third parties, and confidential settlement and license terms relating to third parties. Exhibit 6 - contains confidential business information, confidential financial information related to IBM and third parties, and confidential settlement and license terms relating to third parties. Order GRANTED. GRANTED. GRANTED. GRANTED. GRANTED. 21 22 23 24 25 26 27 H. Dkt. No. 322 Materials to be Sealed Reply in Support of Motion to Exclude the Opinions of Dr. Michael Akemann, page 1, line 10, page 2, line 2, page 3, lines 1 and 9 – contains confidential business information of IBM, PersonalWeb, and third parties. I. Order GRANTED. Dkt. No. 324 Materials to be Sealed Order 28 4 1 2 PersonalWeb’s reply, p. 5, as indicated in the redacted copy filed with the motion to seal — showing the extent to which the accused client-side deduplication functionality is used by IBM customers. J. 3 4 Dkt. No. 325 Materials to be Sealed Exhibit 2 - contains confidential business information of IBM 5 K. 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 Order GRANTED. Dkt. No. 334 Materials to be Sealed IBM’s Opposition to PersonalWeb’s Motion to Strike Jacob Drew from IBM’s Witness List, page 3 lines 6-11 - contains confidential business information of PersonalWeb Exhibit 2 - contains confidential business information of PersonalWeb III. GRANTED. Order GRANTED. GRANTED. ORDER For the foregoing reasons, the sealing motions at Dkt. Nos. 273, 286, 287, 289, 309, 316, 319, 322, 324, 325, and 334 are GRANTED. IT IS SO ORDERED. Dated: July 27, 2017 ______________________________________ EDWARD J. DAVILA United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 5

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