AGIS Software Development LLC v. Google LLC
Filing
464
ORDER GRANTING 451 ADMINISTRATIVE MOTION TO SEAL. Signed by Judge Beth Labson Freeman on 9/6/2023. (blflc3, COURT STAFF) (Filed on 9/6/2023)
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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
ADMINISTRATIVE MOTION TO
SEAL
[Re: ECF No. 451]
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On June 14, 2023, AGIS filed an administrative motion to seal portions of its opposition to
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Defendants’ Motion for Summary Judgment and related exhibits. ECF No. 451. The Court
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denied AGIS’s motion and directed AGIS to refile by September 4, 2023. See ECF No. 460.
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AGIS did not refile. Upon further consideration, the Court recognizes that its order (ECF No.
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460) may have been unclear. Thus, in the interest of efficiency, the Court reconsiders its prior
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ruling and GRANTS AGIS’s Administrative Motion to Seal, ECF No. 451.
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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 & Cty. 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)). Accordingly, when considering a sealing request, “a ‘strong
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presumption in favor of access’ is the starting point.” Id. (quoting Foltz v. State Farm Mut. Auto.
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Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003)). Parties seeking to seal judicial records relating to
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motions that are “more than tangentially related to the underlying cause of action” bear the burden
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of overcoming the presumption with “compelling reasons” that outweigh the general history of
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access and the public policies favoring disclosure. Ctr. for Auto Safety v. Chrysler Grp., 809 F.3d
United States District Court
Northern District of California
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1092, 1099 (9th Cir. 2016); Kamakana, 447 F.3d at 1178–79.
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Records attached to motions that are “not related, or only tangentially related, to the merits
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of a case,” however, are not subject to the strong presumption of access. Ctr. for Auto Safety, 809
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F.3d at 1099; see also Kamakana, 447 F.3d at 1179 (“[T]he public has less of a need for access to
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court records attached only to non-dispositive motions because those documents are often
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unrelated, or only tangentially related, to the underlying cause of action.”). Parties moving to seal
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the documents attached to such motions must meet the lower “good cause” standard of Rule
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26(c). Kamakana, 447 F.3d at 1179 (internal quotations and citations omitted). This standard
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requires a “particularized showing,” id., that “specific prejudice or harm will result” if the
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information is disclosed. Phillips ex rel. Estates of Byrd v. Gen. Motors Corp., 307 F.3d 1206,
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1210–11 (9th Cir. 2002); see Fed. R. Civ. P. 26(c). “Broad allegations of harm, unsubstantiated
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by specific examples of articulated reasoning” will not suffice. Beckman Indus., Inc. v. Int'l Ins.
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Co., 966 F.2d 470, 476 (9th Cir. 1992).
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II.
DISCUSSION
The documents at issue in AGIS’s motion to seal are associated with AGIS’s Opposition to
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Defendant’s Motion for Summary Judgment. These documents concern infringement and
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invalidity of the patents at issue in the case. These issues are “more than tangentially related to the
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merits of [the] case” and therefore the parties must provide “compelling reasons” for maintaining
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the documents under seal. See Ctr. for Auto Safety, 809 F.3d at 1101; see also Finjan, Inc. v.
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Juniper Network, Inc., No. C 17-5659 WHA, 2021 WL 1091512, at *1 (N.D. Cal. Feb. 10, 2021).
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AGIS argues that compelling reasons exist to seal the material it seeks to seal that disclose:
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“source code and technical information regarding the Accused Products that have been designated
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highly confidential by Defendants”; “confidential communications regarding settlement
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discussions and/or negotiations”; “confidential business information”; and “technical functionality
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of the Accused Products.” ECF No. 451. Defendant Google does not object to the sealing of any
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of the documents in its response. ECF No. 454.
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The Court finds that compelling reasons exist to seal the identified portions of each
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document. See Finjan, Inc. v. Proofpoint, Inc., No. 13-CV-05808-HSG, 2016 WL 7911651, at *1
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United States District Court
Northern District of California
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(N.D. Cal. Apr. 6, 2016) (finding “technical operation of [defendant's] products” sealable under
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“compelling reasons” standard); Exeltis USA Inc. v. First Databank, Inc., No. 17-CV-04810-HSG,
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2020 WL 2838812, at *1 (N.D. Cal. June 1, 2020) (noting that courts have found “confidential
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business information” in the form of “business strategies” sealable under the compelling reasons
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standard.).
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Accordingly, AGIS’s Administrative Motion (ECF No. 451) is GRANTED. The Court
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finds that AGIS’s request is not narrowly tailored because it seeks to seal several documents in
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their entirety. Furthermore, the Court notes that AGIS should have filed separate motions
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regarding sealing of its own material and Defendants’ material. The Court will overlook the
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failure for this motion. However, future failures to comply with the standing order may result in
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denial of a motion to seal with prejudice.
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ECF No. Document
ECF
Plaintiff AGIS
451-3
Software
Development
LLC’s Response
in Opposition
to Defendants’
Motion for
Summary
Judgment
Portion(s) to Seal
Highlighted Portions at:
• Page 4: lines 8, 10,
14;
• Page 7: lines 5-8, 1517;
• Page 10: lines 10-13;
• Page 11: lines 18-21,
• 22-24;
• Page 12: lines 14-18;
• Page 13: line 26;
• Page 14: lines 6-8,
10;
• Page 15: lines 16-27;
• Page 18: lines 20-26;
• Page 20: lines 6-8,
15-20;
• Page 24: lines 10,
12-13, 18-24, 27-28;
• Page 25: lines 3, 1213, 17-20.
Ruling
Granted, as the highlighted portions
disclose information from Exhibits AJ, Z-DD, TT-WW, and BBB-DDD
to AGIS’s Response in Opposition to
Defendants’ Motion for Summary
Judgment (Dkt. 434), which AGIS
and/or Defendants have designated as
highly confidential / RESTRICTED
ATTORNEYS’ EYES ONLY. These
highlighted portions contain highly
confidential source code, settlement
discussions and/or negotiations, and
testimony from party witnesses.
Furthermore, revealing the identity and
nature of settlement discussions and/or
negotiations with AGIS would be
harmful if its contents became known to
competitors of the parties, would cause
parties harm.
Finally, disclosure of source code of
Defendants that Defendants have
designated highly confidential, and
testimony from party witnesses
regarding the functionality of the
Accused Products that have also been
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designated highly confidential by
Defendants would be harmful to
Defendants, and if its contents became
known to competitors of Defendants,
would cause competitive harm.
Granted, as this document discloses
source code and technical information
regarding the Accused Products that
have been designated highly
confidential by Defendants.
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ECF
451-4
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ECF
451-5
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United States District Court
Northern District of California
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ECF
451-6
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Ex. A to AGIS
Software’s
Response in
Opposition to
Defendants’
Motion for
Summary
Judgment
Ex. B to AGIS
Software’s
Response in
Opposition to
Defendants’
Motion for
Summary
Judgment
Ex. C to AGIS
Software’s
Response in
Opposition to
Defendants’
Motion for
Summary
Judgment
Entire Document
Ex. D to AGIS
Software’s
Response in
Opposition to
Defendants’
Motion for
Summary
Judgment
Ex. E to AGIS
Software’s
Response in
Opposition to
Defendants’
Motion for
Summary
Judgment
Entire Document
Entire Document
Granted, as this document discloses
source code and technical information
regarding the Accused Products that
have been designated highly
confidential by Defendants.
Entire Document
Granted, as this document discloses
excerpts of the deposition testimony of
Joseph C. McAlexander III, the
technical expert of AGIS Software. Mr.
McAlexander’s testimony includes
information regarding the functionality
of the Accused Products, and contents
of documents and source code of the
Accused Products which have been
designated highly confidential by
Defendants.
Granted, as this document discloses
source code and technical information
regarding the Accused Products that
have been designated highly
confidential by Defendants.
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ECF
451-7
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ECF
451-8
Entire Document
Granted, as this document discloses
source code and technical information
regarding the Accused Products that
have been designated highly
confidential by Defendants.
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ECF
451-9
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ECF
451-10
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ECF
451-11
United States District Court
Northern District of California
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ECF
451-12
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ECF
451-13
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Ex. F to AGIS
Software’s
Response in
Opposition to
Defendants’
Motion for
Summary
Judgment
Ex. G to AGIS
Software’s
Response in
Opposition to
Defendants’
Motion for
Summary
Judgment
Ex. H to AGIS
Software’s
Response in
Opposition to
Defendants’
Motion for
Summary
Judgment
Ex. I to AGIS
Software’s
Response in
Opposition to
Defendants’
Motion for
Summary
Judgment
Ex. J to AGIS
Software’s
Response in
Opposition to
Defendants’
Motion for
Summary
Judgment
Entire Document
Granted, as this document discloses
source code and technical information
regarding the Accused Products that
have been designated highly
confidential by Defendants.
Entire Document
Granted, as this document discloses
source code and technical information
regarding the Accused Products that
have been designated highly
confidential by Defendants.
Entire Document
Granted, as this document discloses
source code and technical information
regarding the Accused Products that
have been designated highly
confidential by Defendants.
Entire Document
Granted, as this document discloses
source code and technical information
regarding the Accused Products that
have been designated highly
confidential by Defendants.
Entire Document
Ex. Z to AGIS
Software’s
Response in
Opposition to
Defendants’
Entire Document
Granted, as this document discloses
excerpts of the deposition testimony of
Yuval Shmuelevitz, the corporate
witness of Waze Mobile Limited. Mr.
Shmuelevitz’s testimony includes
technical information regarding the
functionality of the Waze Accused
Products, and contents of documents
and source code of the Waze Accused
Products, which Defendants have
designated highly confidential.
Granted, as this document discloses
confidential communications regarding
settlement discussions and/or
negotiations between AGIS Software
and Google. Revealing the identity and
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ECF
451-14
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Motion for
Summary
Judgment
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nature of settlement discussions and/or
negotiations with AGIS would be
harmful if its contents became known to
competitors of the parties, would cause
parties harm, and also violate the Fed.
R. Evid. 408. See Powertech Tech., Inc.
v. Tessera, Inc., 2013 WL 12324116, at
*19 (N.D.Cal. Apr. 15, 2013) (granting
a motion to seal a draft license
agreement with a third party). Rubino
Decl. ¶ 4.
Granted, as this document discloses
confidential business information
regarding third- party Advanced
Ground Information Systems’ product,
LifeRing. Disclosure of this
confidential business information
would be harmful to Advanced Ground
Information Systems if its contents
became known to competitors of the
Advanced Ground Information
Systems, because it includes
confidential technical information. See
Powertech Tech., Inc.
v. Tessera, Inc., 2013 WL 12324116,
at *19 (N.D.Cal. Apr. 15, 2013)
(granting a motion to seal a draft
license agreement with a third party).
Rubino Decl. ¶ 4.
Granted, as this document discloses
excerpts of the deposition testimony of
Malcolm K. Beyer, Jr., the corporate
witness of AGIS. Mr. Beyer’s
testimony includes information
regarding confidential settlement
discussions and/or negotiations
between AGIS Software and Google.
Revealing the identity and nature of
settlement discussions and/or
negotiations with AGIS would be
harmful if its contents became known
to competitors of the parties, would
cause parties harm, and also violate the
Fed. R. Evid. 408. See Powertech
Tech., Inc. v. Tessera, Inc., 2013 WL
12324116, at *19 (N.D.Cal.
Apr. 15, 2013) (granting a motion to
seal a draft license agreement with a
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ECF
451-15
Ex. AA to AGIS Entire Document
Software’s
Response in
Opposition to
Defendants’
Motion for
Summary
Judgment
ECF
451-16
Ex. BB to AGIS
Software’s
Response in
Opposition to
Defendants’
Motion for
Summary
Judgment
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United States District Court
Northern District of California
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Entire Document
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ECF
451-17
Ex. CC to AGIS
Software’s
Response in
Opposition to
Defendants’
Motion for
Summary
Judgment
ECF
451-18
Ex. DD to AGIS Entire Document
Software’s
Response in
Opposition to
Defendants’
Motion for
Summary
Judgment
ECF
451-19
Ex. TT to AGIS
Software’s
Response in
Opposition to
Defendants’
Motion for
Summary
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third party). Rubino Decl. ¶ 4.
Granted, as this document discloses
excerpts of the deposition testimony of
Malcolm K. Beyer, Jr., the corporate
witness of AGIS. Mr. Beyer’s
testimony includes information
regarding confidential settlement
discussions and/or negotiations
between AGIS Software and Google.
Revealing the identity and nature of
settlement discussions and/or
negotiations with AGIS would be
harmful if its contents became known
to competitors of the parties, would
cause parties harm, and also violate the
Fed. R. Evid. 408. See Powertech
Tech., Inc. v. Tessera, Inc., 2013 WL
12324116, at *19 (N.D.Cal.
Apr. 15, 2013) (granting a motion to
seal a draft license agreement with a
third party). Rubino Decl. ¶ 4.
Granted, as this document discloses
excerpts of the deposition testimony of
Malcolm K. Beyer, Jr., the corporate
witness of AGIS. Mr. Beyer’s
testimony includes information
regarding confidential settlement
discussions and/or negotiations
between AGIS Software and Google.
Revealing the identity and nature of
settlement discussions and/or
negotiations with AGIS would be
harmful if its contents became known
to competitors of the parties, would
cause parties harm, and also violate the
Fed. R. Evid. 408. See Powertech
Tech., Inc. v. Tessera, Inc., 2013 WL
12324116, at *19 (N.D.Cal.
Apr. 15, 2013) (granting a motion to
seal a draft license agreement with a
third party). Rubino Decl. ¶ 4.
Granted, as this document discloses
excerpts of the deposition testimony of
Malcolm K. Beyer, Jr., the corporate
witness of AGIS. Mr. Beyer’s
testimony includes information
regarding confidential settlement
discussions and/or negotiations
Entire Document
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United States District Court
Northern District of California
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Entire Document
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Judgment
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between AGIS Software and Google.
Revealing the identity and nature of
settlement discussions and/or
negotiations with AGIS would be
harmful if its contents became known
to competitors of the parties, would
cause parties harm, and also violate the
Fed. R. Evid. 408. See Powertech
Tech., Inc. v. Tessera, Inc., 2013 WL
12324116, at *19 (N.D.Cal.
Apr. 15, 2013) (granting a motion to
seal a draft license agreement with a
third party). Rubino Decl. ¶ 4.
Granted, as this document discloses
excerpts of the deposition testimony of
Malcolm K. Beyer, Jr., the corporate
witness of AGIS. Mr. Beyer’s
testimony includes information
regarding confidential settlement
discussions and/or negotiations
between AGIS Software and Google.
Revealing the identity and nature of
settlement discussions and/or
negotiations with AGIS would be
harmful if its contents became known
to competitors of the parties, would
cause parties harm, and also violate the
Fed. R. Evid. 408. See Powertech
Tech., Inc. v. Tessera, Inc., 2013 WL
12324116, at *19 (N.D.Cal.
Apr. 15, 2013) (granting a motion to
seal a draft license agreement with a
third party). Rubino Decl. ¶ 4.
Granted, as this document discloses
excerpts of the deposition testimony of
Malcolm K. Beyer, Jr., the corporate
witness of AGIS. Mr. Beyer’s
testimony includes information
regarding confidential settlement
discussions and/or negotiations
between AGIS Software and Google.
Revealing the identity and nature of
settlement discussions and/or
negotiations with AGIS would be
harmful if its contents became known
to competitors of the parties, would
cause parties harm, and also violate the
Fed. R. Evid. 408. See Powertech
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ECF
451-20
Ex. UU to AGIS Entire Document
Software’s
Response in
Opposition to
Defendants’
Motion for
Summary
Judgment
ECF
451-21
Ex. VV to AGIS Entire Document
Software’s
Response in
Opposition to
Defendants’
Motion for
Summary
Judgment
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United States District Court
Northern District of California
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Tech., Inc. v. Tessera, Inc., 2013 WL
12324116, at *19 (N.D.Cal.
Apr. 15, 2013) (granting a motion to
seal a draft license agreement with a
third party). Rubino Decl. ¶ 4.
Granted, as this document discloses
excerpts of the deposition testimony of
Malcolm K. Beyer, Jr., the corporate
witness of AGIS. Mr. Beyer’s
testimony includes information
regarding confidential settlement
discussions and/or negotiations
between AGIS Software and Google.
Revealing the identity and nature of
settlement discussions and/or
negotiations with AGIS would be
harmful if its contents became known
to competitors of the parties, would
cause parties harm, and also violate the
Fed. R. Evid. 408. See Powertech
Tech., Inc. v. Tessera, Inc., 2013 WL
12324116, at *19 (N.D.Cal. Apr. 15,
2013) (granting a motion to seal a draft
license agreement with a third party).
Rubino Decl. ¶ 4.
Granted, as this document discloses
excerpts of the deposition testimony of
Andrew Lookingbill, the corporate
witness of Waze Mobile Limited. Mr.
Lookingbill’s testimony includes
information regarding the corporate
structure and/or identities of
employees of Defendants, which
Defendants have designated highly
confidential.
Granted, as this document discloses
excerpts of the deposition testimony of
Micah Mason, the corporate witness of
Defendants. Mr. Mason’s testimony
includes information regarding the
technical functionality of the Accused
Products, and contents of documents
and source code of the Accused
Products, which Defendants have
designated highly confidential.
Granted, as this document discloses
excerpts of the deposition testimony of
Matt Secor, the corporate witness of
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ECF
451-22
Ex. WW to
AGIS
Software’s
Response in
Opposition to
Defendants’
Motion for
Summary
Judgment
Entire Document
ECF
451-23
Ex. BBB to
AGIS
Software’s
Response in
Opposition to
Defendants’
Motion for
Summary
Judgment
Entire Document
ECF
451-24
Ex. CCC to
AGIS
Software’s
Response in
Opposition to
Defendants’
Motion for
Summary
Judgment
Entire Document
ECF
451-25
Ex. DDD to
AGIS
Software’s
Entire Document
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United States District Court
Northern District of California
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Defendants. Mr. Secor’s testimony
includes information regarding the
technical functionality of the Accused
Products, and contents of documents
and source code of the Accused
Products, which Defendants have
designated highly confidential.
Response in
Opposition to
Defendants’
Motion for
Summary
Judgment
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III.
ORDER
For the foregoing reasons, IT IS HEREBY ORDERED that AGIS’s Motion to Seal at ECF
No. 451 is GRANTED.
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United States District Court
Northern District of California
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Dated: September 6, 2023
______________________________________
BETH LABSON FREEMAN
United States District Judge
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