Lighting Science Group Corporation v. Shenzhen Jiawei Photovoltaic Lighting Co., Ltd. et al

Filing 80

ORDER GRANTING 78 DEFENDANTS SHENZHEN JIAWEI PHOTOVOLTAIC LIGHTING CO., LTD., AND JIAWEI TECHNOLOGY (USA), LIMITED'S ADMINISTRATIVE MOTION TO SEAL. Signed by Judge Beth Labson Freeman on 6/16/2017. (patentlcsjS, COURT STAFF) (Filed on 6/16/2017)

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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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LIGHTING SCIENCE GROUP
CORPORATION,
Plaintiff,

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v.
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United States District Court
Northern District of California

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SHENZHEN JIAWEI PHOTOVOLTAIC
LIGHTING CO., LTD., et al.,

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Defendants.

Case No. 16-cv-03886-BLF
ORDER GRANTING DEFENDANTS
SHENZHEN JIAWEI
PHOTOVOLTAIC LIGHTING CO.,
LTD., AND JIAWEI TECHNOLOGY
(USA), LIMITED’S ADMINISTRATIVE
MOTION TO SEAL
[Re: ECF 78]

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Before the Court is Defendants Shenzhen Jiawei Photovoltaic Lighting Co., Ltd., and

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Jiawei Technology (USA), Limited’s (collectively, “Jiawei”) administrative motion to file under

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seal portions of the Reply to Motion to Stay Pending Inter Partes Review, the Declaration of Mark

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Honeycutt, and Exhibit 1 in support of the Declaration of Mark Honeycutt. ECF 78. For the

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reasons set forth below, Jiawei’s motion is 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 & 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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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 Jiawei’s sealing motion and the declaration submitted in support

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thereof. The Court finds that Jiawei has articulated compelling reasons and good cause to seal

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certain portions of the submitted documents. The proposed redactions are also narrowly tailored.

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The 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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ECF
No.
78-4

Document to
be Sealed
Jiawei’s Reply
to Motion to
Stay Pending
Inter Partes
Review

78-5

Declaration of
GRANTED as
Mark Honeycutt to highlighted
portions.

78-6

Exhibit 1 to the GRANTED.
Declaration of
Mark Honeycutt

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Result

Reasoning

GRANTED as
to highlighted
portions.

Contains confidential, proprietary and
commercially sensitive business and financial
information relating to Jiawei’s accused products.
Declaration of Mark Nelson in Support of
Administrative Motion to File Under Seal, ECF
78-1 (“Nelson Decl.”) ¶ 2.
Contains confidential, proprietary and
commercially sensitive financial information
relating to revenue and sales of the accused
products, as well as other sensitive business
information. Nelson Decl.¶ 3.
Contains confidential, proprietary
and commercially sensitive financial information
relating to revenue and sales of the accused
products. Nelson Decl.¶ 4.

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III.

ORDER

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For the foregoing reasons, Jiawei’s motion is GRANTED.

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IT IS SO ORDERED.

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Dated: June 16, 2017
______________________________________
BETH LABSON FREEMAN
United States District Judge

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