AGIS Software Development LLC v. Google LLC

Filing 461

ORDER GRANTING 458 ADMINISTRATIVE MOTION TO FILE UNDER SEAL. Signed by Judge Beth Labson Freeman on 8/21/2023. (blflc3, COURT STAFF) (Filed on 8/21/2023)

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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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AGIS SOFTWARE DEVELOPMENT LLC,
Plaintiff,

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v.

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GOOGLE LLC,
Defendant.

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United States District Court
Northern District of California

Case No. 22-cv-04826-BLF
ORDER GRANTING DEFENDANTS’
ADMINISTRATIVE MOTION TO
SEAL EXHIBITS TO DEFENDANTS’
REPLY IN SUPPORT OF ITS MOTION
FOR SUMMARY JUDGMENT
[Re: ECF No. 458]

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Before the Court is “Defendants’ Administrative Motion to Seal Exhibits to Defendants’

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Reply in Support of its Motion For Summary Judgment.” Mot., ECF No. 458. For the following
reasons, Defendants’ motion is GRANTED.
I.

LEGAL STANDARD
“Historically, courts have recognized a ‘general right to inspect and copy public records

and documents, including judicial records and documents.’” Kamakana v. City and Cnty. of
Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Commc’ns, Inc., 435
U.S. 589, 597 & n.7 (1978)). Consequently, access to motions and their attachments that are
“more than tangentially related to the merits of a case” may be sealed only upon a showing of
“compelling reasons” for sealing. Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092,
1101-02 (9th Cir. 2016). Filings that are only tangentially related to the merits may be sealed
upon a lesser showing of “good cause.” Id. at 1097.
In addition, in this district, all parties requesting sealing must comply with Civil Local
Rule 79-5. That rule requires, inter alia, the moving party to provide “the reasons for keeping a
document under seal, including an explanation of: (i) the legitimate private or public interests that

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warrant sealing; (ii) the injury that will result if sealing is denied; and (iii) why a less restrictive

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alternative to sealing is not sufficient.” Civil L.R. 79-5(c)(1). Further, Civil Local Rule 79-5

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requires the moving party to provide “evidentiary support from declarations where necessary.”

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Civil L.R. 79-5(c)(2). And the proposed order must be “narrowly tailored to seal only the sealable

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material.” Civil L.R. 79-5(c)(3).
Further, when a party seeks to seal a document because it has been designated as

United States District Court
Northern District of California

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confidential by another party, the filing party must file an Administrative Motion to Consider

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Whether Another Party’s Material Should be Sealed. Civil L.R. 79-5(f). In that case, the filing

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party need not satisfy the requirements of subsection (c)(1). Civil L.R. 79-5(f)(1). Instead, the

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party who designated the material as confidential must, within seven days of the motion’s filing,

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file a statement and/or declaration that meets the requirements of subsection (c)(1). Civil L.R. 79-

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5(f)(3). Any party can file a response to that declaration within four days. Civil L.R. 79-5(f)(4).

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II.

DISCUSSION
Because the motion to seal pertains to briefing on a motion for summary judgment, the

Court will apply the “compelling reasons” standard. See Kamakana, 447 F.3d at 1177.
Defendants state that the information they seek to seal contains confidential information

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about the design, development, operation, and testing of their products. Mot. 2. They further state

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information also discloses the internal functionality of Defendants’ products and Defendants’

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business decision-making in the course of developing their products. Zaharia Decl. ¶ 3, ECF No.

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458-1. Defendants explain that they do not publicly disclose this information, and that its

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disclosure would give competitors an unfair business advantage. Mot. 2. Defendants also state

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that their request is narrowly tailored. Id. at 2.

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The information to be sealed includes technical information relating to products and

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confidential business information, including pricing models. Courts have found such information

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sealable under “compelling reasons” standard. See, e.g., Finjan, Inc. v. Proofpoint, Inc., No. 13-

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CV-05808-HSG, 2016 WL 7429304, at *2 (N.D. Cal. Feb. 9, 2016) (finding compelling reasons to

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seal “information about the technical operation of the products, financial revenue data, and

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excerpts from expert depositions, expert report, and related correspondence”). Further, the parties’
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requests are narrowly tailored.
Accordingly, the Court rules as follows:

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ECF No.
458-2

Document
Document Bateslabeled WAZEAGIS00026406- 26420

458-3

Document Bateslabeled WAZEAGIS00028148- 28152

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United States District Court
Northern District of California

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//

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//

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//

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//

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//

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//

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//

Portions to Seal
Highlighted portions of
pages with Bates labels
ending in -26408, -26409, 26410, -26411, -26412, 26413, -26414, -26415, 26416, -26417, -26418, 26419, and -26420.

Ruling
GRANTED, as containing
confidential business
information, including
internal product
development and
functionality, pricing
models, and Defendants’
assessment of products by
competitors in the same
space and internal
development timelines—the
disclosure of which would
cause Defendants
competitive harm.
Highlighted portions of
GRANTED, as containing
pages with Bates labels
confidential business
ending in -28148, -28149, - information, including
28150, -28151, and internal product
28152.
development and
functionality—the
disclosure of which would
cause Defendants
competitive harm.

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III.

ORDER
For the foregoing reasons, IT IS HEREBY ORDERED that Defendants’ motion to seal

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(ECF No. 458) is GRANTED. Defendants SHALL file public versions of the documents with the
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permitted redactions by no later than September 4, 2023.
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Dated: August 21, 2023
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______________________________________
BETH LABSON FREEMAN
United States District Judge

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United States District Court
Northern District of California

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