Leader Technologies Inc. v. Facebook Inc.

Filing 673

MOTION to Redact 672 Transcript, (March 12, 2010 Hearing) - filed by Facebook Inc.(a Delaware corporation). (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Caponi, Steven)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
LEADER TECHNOLOGIES, INC., a
Delaware corporation,
Plaintiff-Counterdefendant,
Civil Action No. 08-862-LPS
v.
FACEBOOK, INC., a Delaware corporation,
Defendant-Counterclaimant.
DEFENDANT FACEBOOK, INC.’S MOTION FOR REDACTION OF ELECTRONIC
TRANSCRIPT OF THE MARCH 12, 2010 HEARING
I.

BACKGROUND
Judge Stark presided over a discovery hearing in the above referenced matter on March

12, 2010.

During this hearing highly confidential and proprietary information regarding

Defendant Facebook’s source code, or the substance thereof, was discussed.
II.

RELIEF REQUESTED
By this request Facebook respectfully requests that the Court redact the confidential

statements contained in the electronic transcript of the hearing held on March 12, 2010, and
thereafter (i) make available to the public an appropriately redacted version of the transcript,
consistent with the proposed redactions listed in Exhibit A hereto, and (ii) direct that the full and
sealed version of the transcript be made available only to (a) the Court and (b) the parties to this
litigation.
III.

BASIS FOR RELIEF
A Stipulated Protective Order was entered by the Court in this matter on April 28, 2009.

(D.I. 35). Pursuant to its terms the parties may designate as confidential non-public confidential
and/or propriety information protectable under Rule 26(c) of the Federal Rules of Civil
Procedure. In particular, information designated as source code, or the substance thereof, is

subject to the utmost protection, including limitations on the dissemination of that information to
only a small set of specifically designated persons. Pursuant to these terms the parties have
worked diligently to maintain the confidential nature of their respective proprietary information.
Consistent with this effort the parties have to date complied with the procedures of the Stipulated
Protective Order to maintain the highly confidential nature of the source code and substance
thereof. At issue here is the hearing held on March 12, 2010, which included discussion of
Facebook’s confidential source code and other confidential internal documentation related to
operation of the Facebook website. Accordingly, this information should be redacted in the
transcript of the hearing.
IV.

CONCLUSION
For all the reasons stated above, Facebook respectfully requests that the Court grant its

motion for redaction of the electronic transcript of the hearing held on March 12, 2010, as
proposed in Exhibit A to this motion.

Dated: December 28, 2010

By: /s/ Steven L. Caponi

OF COUNSEL:
Heidi L. Keefe (pro hac vice)
Mark R. Weinstein (pro hac vice)
Jeffrey Norberg (pro hac vice)
Melissa H. Keyes (pro hac vice)
Elizabeth L. Stameshkin (pro hac vice
COOLEY GODWARD KRONISH LLP
3000 El Camino Real
5 Palo Alto Square, 4th Floor
Palo Alto, CA 94306

Steven L. Caponi (DE Bar #3484)
BLANK ROME LLP
1201 N. Market Street, Suite 800
Wilmington, DE 19801
302-425-6400
Fax: [phone]
Attorneys for Defendant-Counterclaimant
Facebook, Inc.

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