PersonalWeb Technologies LLC et al v. International Business Machines Corporation

Filing 369

OMNIBUS ORDER REGARDING 365 367 ADMINISTRATIVE MOTIONS TO SEAL. Signed by Judge Edward J. Davila on 8/7/2017. (patentlcsjS, COURT STAFF) (Filed on 8/7/2017)

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. 365, 367

Defendant.
13
Before the Court are administrative motions to seal filed by the parties in connection with

14
15

IBM’s Renewed Motion to Exclude/Strike the Opinions of Dr. Michael Akemann. For the reasons

16

set forth below, the motions are 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

Case No.: 16-cv-01266-EJD
OMNIBUS ORDER RE: ADMINISTRATIVE MOTIONS TO SEAL
1

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

II.

DISCUSSION
The Court has reviewed each of the parties’ sealing motions and the declarations submitted

5
6

in support thereof. The Court finds that the parties have articulated compelling reasons and good

7

cause to seal the submitted documents. The Court’s rulings on the sealing requests are set forth in

8

the tables below:

9

A.

10

12

Materials to be Sealed
Renewed Motion to Exclude/Strike the Opinions of Dr. Michael
Akemann, page page 1, line 17; page 2, lines 15, 17-19 and page 3,
line 12 – contains confidential financial information related to IBM.
Exhibit 1 - contains confidential financial information related to IBM.

13

Exhibit 2 - contains confidential financial information related to IBM.

11

United States District Court
Northern District of California

Dkt. No. 365

14
15
16

Exhibit 4 - contains confidential financial information related to IBM.
Renewed Motion to Exclude/Strike the Opinions of Dr. Michael
Akemann, page page 1, line 17; page 2, lines 15, 17-19 and page 3,
line 12 – contains confidential financial information related to IBM.

17
18
19
20
21

B.

Order
GRANTED.
GRANTED.
GRANTED.
GRANTED.
GRANTED.

Dkt. No. 367

Materials to be Sealed
Order
Exhibit A to the Christoff Declaration — highly confidential transcript
GRANTED.
of the August 3, 2017, deposition of Dr. Michael Akemann showing
methodology and calculation used by Dr. Akemann in creating his
July 31, 2017, Supplement to his expert report
III.

ORDER

22

For the foregoing reasons, the sealing motions at Dkt. Nos. 365 and 367 are GRANTED.

23

IT IS SO ORDERED.

24
25
26

Dated:
______________________________________
EDWARD J. DAVILA
United States District Judge

27
28

Case No.: 16-cv-01266-EJD
OMNIBUS ORDER RE: ADMINISTRATIVE MOTIONS TO SEAL
2

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

Case No.: 16-cv-01266-EJD
OMNIBUS ORDER RE: ADMINISTRATIVE MOTIONS TO SEAL
3