PersonalWeb Technologies LLC et al v. International Business Machines Corporation
Filing
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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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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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PERSONALWEB TECHNOLOGIES LLC,
et al.,
Plaintiffs,
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v.
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United States District Court
Northern District of California
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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.
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Before the Court are administrative motions to seal filed by the parties in connection with
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their motions in limine and other pretrial orders. For the reasons set forth below, the 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 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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Case No.: 16-cv-01266-EJD
OMNIBUS ORDER RE: ADMINISTRATIVE MOTIONS TO SEAL
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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 each of the parties’ sealing motions and the declarations submitted
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in support thereof. The Court finds that the parties have articulated compelling reasons and good
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cause to seal 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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United States District Court
Northern District of California
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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
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C.
GRANTED.
GRANTED.
GRANTED.
GRANTED.
GRANTED.
Dkt. No. 286
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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
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Order
GRANTED.
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United States District Court
Northern District of California
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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
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Order
GRANTED.
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United States District Court
Northern District of California
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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
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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.
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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
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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.
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Dkt. No. 325
Materials to be Sealed
Exhibit 2 - contains confidential business information of IBM
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K.
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United States District Court
Northern District of California
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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
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