Roche Molecular Systems, Inc. et al v. Foresight Diagnostics Inc. et al

Filing 13

ORDER granting 2 Administrative Motion to File Under Seal. Signed by Judge Susan van Keulen on 7/9/2024. (svklc1, COURT STAFF) (Filed on 7/9/2024)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Mark Flanagan (SBN 130303) mark.flanagan@wilmerhale.com WILMER CUTLER PICKERING HALE & DORR 2600 El Camino Real Suite 400 Palo Alto, CA 94306 Telephone: (650) 858-6047 Facsimile: (650) 858-6100 Robert J. Gunther, Jr. (NY SBN 1967652) robert.gunther@wilmerhale.com Christopher R. Noyes (pro hac vice forthcoming) christopher.noyes@wilmerhale.com WILMER CUTLER PICKERING HALE & DORR 7 World Trade Center 250 Greenwich Street New York, NY 10007 Tel: (212) 230-8800 Fax: (212) 230-8888 Attorneys for Plaintiffs ROCHE MOLECULAR SYSTEMS, INC. and ROCHE SEQUENCING SOLUTIONS, INC. 16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA 18 SAN JOSE DIVISION 19 20 21 22 23 24 25 ROCHE MOLECULAR SYSTEMS, INC. and ROCHE SEQUENCING SOLUTIONS, INC., Plaintiffs, [PROPOSED] ORDER GRANTING ADMINISTRATIVE MOTION TO SEAL v. PORTIONS OF EXHIBITS A-K TO FORESIGHT DIAGNOSTICS INC., PLAINTIFFS’ COMPLAINT PURSUANT DAVID KURTZ, an individual, and BOARD TO CIVIL LOCAL RULE 79-5 OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY, 26 Defendants. 27 28 Case No. 5:24-cv-03972 Case No. [PROPOSED] ORDER GRANTING MOTION FOR LEAVE TO FILE UNDER SEAL This matter comes before the Court on Plaintiffs Roche Molecular Systems, Inc. and Roche 1 Sequencing Solutions, Inc.’s (together, “Roche”) Motion to Seal Portions of Exhibits A through K 2 to Plaintiffs’ Complaint, Dkt. 1. 3 4 Having considered the motion, the papers submitted in support thereof, and finding compelling reasons therefor, the Court GRANTS Roche’s motion and seals the following materials: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Document Exhibit A to Complaint (2015 Consulting Services Agreement between Roche and Drs. Maximilian Diehn and Arash Alizadeh) Portions of ¶ 2.1; ¶ 2.2; ¶ 3; ¶ 4; ¶ 5.2; ¶ 6; ¶¶ 7.2-7.4; ¶¶ 9.1-9.2; portions of ¶ 10; ¶ 12; ¶ 14; ¶ 15; ¶ 19; ¶ 21; ¶ 23; Exhibit A. Exhibit B to Complaint (Proprietary Information and Invention Agreement between Roche and Dr. David Kurtz) ¶ 1; ¶¶ 7-9; ¶ 16; ¶ 20; ¶¶ 22(a), (d), (e). Exhibit C to Complaint (Confidential technical presentation from Capp Medical Inc.) Slides 4; 11-16; 20; 22-25; 27-48; 50-63. Exhibit D to Complaint (Fourth Amendment to the Exclusive Equity Agreement between Stanford University and Capp Medical, Inc.) ¶ 2.1; ¶¶ 3.2-3.3; ¶ 4. Exhibit E to Complaint (NonCompetition Agreement between Roche and Drs. Maximilian Diehn and Arash Alizadeh) Recitals ¶¶ C, D, F, G; ¶ 2; portions of ¶ 3; ¶ 4-5; ¶ 1011; ¶¶ 15(a), (g), (h). Exhibit F to Complaint (2017 Restated Consulting Services Agreement between Roche and Dr. Maximilian Diehn) 26 27 28 Portions to be Sealed Case No. Recitals ¶¶ C, D; ¶ 1.1; ¶¶ 2-4; ¶ 5.2; ¶ 6; ¶¶ 7.27.3; ¶¶ 8.3-8.5; ¶¶ 9.1-9.2; portions of ¶ 10; ¶ 12; ¶ 19; Exhibit A; electronic signature data. 2 Reason(s) for Sealing Reflects confidential terms of consulting contract between Roche and founders of a company acquired by Roche. Reflects confidential terms of consulting contract between Roche and an industry consultant. Reflects technical information proprietary DNA sequencing technology acquired by Roche. Reflects confidential terms of an equity agreement between company acquired by Roche and Stanford University. Reflects confidential terms of agreement between Roche and founders of a company acquired by Roche. Reflects confidential terms of consulting contract between Roche and founders of a company acquired by Roche. [PROPOSED] ORDER GRANTING MOTION FOR LEAVE TO FILE UNDER SEAL 1 2 3 4 5 6 7 Exhibit G to Complaint (2017 Restated Consulting Services Agreement between Roche and Dr. Arash Alizadeh) Recitals ¶¶ C, D; ¶ 1.1; ¶¶ 2-4; ¶ 5.2; ¶ 6; ¶¶ 7.27.3; ¶¶ 8.3-8.5; ¶¶ 9.1-9.2; portions of ¶ 10; ¶ 12; ¶ 19; Exhibit A; electronic signature data. Reflects confidential terms of consulting contract between Roche and founders of a company acquired by Roche. Exhibit H to Complaint (2018 Consulting Services Agreement between Roche and Dr. Maximilian Diehn) Recitals ¶¶ C, D; ¶ 1.1.1; ¶¶ 2-4; ¶ 5.2; ¶ 6; ¶ 7.2-7.3; ¶ 8.3-8.5; ¶ 9.1-9.2; portions of ¶ 10; ¶ 12; ¶ 19; Exhibit A. Reflects confidential terms of consulting contract between Roche and founders of a company acquired by Roche. Exhibit I to Complaint (2018 Consulting Services Agreement between Roche and Dr. Arash Alizadeh) Recitals ¶¶ C, D; ¶ 1.1.1; ¶¶ 2-4; ¶ 5.2; ¶ 6; ¶ 7.2-7.3; ¶ 8.3-8.5; ¶ 9.1-9.2; portions of ¶ 10; ¶ 12; ¶ 19; Exhibit A. Reflects confidential terms of consulting contract between Roche and founders of a company acquired by Roche. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Exhibit J to Complaint (Amendment #1 to Restated Consulting Services Agreement between Roche and Dr. Maximilian Diehn) Electronic signature data. Exhibit K to Complaint (Amendment #1 to Restated Consulting Services Agreement between Roche and Dr. Arash Alizadeh) Electronic signature data. Reflects confidential terms of consulting contract between Roche and founders of a company acquired by Roche. Reflects confidential terms of consulting contract between Roche and founders of a company acquired by Roche. IT IS SO ORDERED. Dated: ______________, 2024. July 9 UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 Case No. 3 [PROPOSED] ORDER GRANTING MOTION FOR LEAVE TO FILE UNDER SEAL

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