GlobalFoundries U.S. Inc. v. International Business Machines Corporation

Filing 44

ORDER granting 41 Letter Motion to Seal. As the proposed redactions contain confidential business information and are minimal, the Court grants Defendant's motion to permanently seal Dkt. No. 42. The Clerk of the Court is directed to terminate the pending motion at Dkt. No. 41. SO ORDERED. (Signed by Judge Kenneth M. Karas on 6/9/2023) (tg)

Case 7:23-cv-03348-KMK-AEK Document 41 Filed 06/08/23 Page 1 of 1

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June 8, 2023

By ECF
The Honorable Kenneth M. Karas
The Hon. Charles L. Brieant Jr.
Federal Building and United States Courthouse
300 Quarropas Street, Chambers 533
White Plains, NY 10601-4150
Re:

GlobalFoundries U.S. Inc. v.
International Business Machines Corporation,
Case No. 7:23-cv-03348-KMK-AEK

Dear Judge Karas:
We write on behalf of Defendant International Business Machines Corporation (“IBM”)
to request an order under Your Honor’s Individual Rule IX authorizing the redaction, and sealed
filing, of a minimally redacted version of the Appendix to IBM’s June 8, 2023 letter pursuant to
Your Honor’s Individual Rule II.A setting forth IBM’s bases pursuant to Federal Rules of Civil
Procedure 12(b)(1) and 12(b)(6) to dismiss the Complaint filed by Plaintiff GlobalFoundries U.S.
Inc. on April 21, 2023 (ECF No. 1) in the above-referenced action.
On May 11, 2023, the Court granted Plaintiff’s application to permanently maintain the
sealed, unredacted Complaint filed in Dkt. No. 23-MC-111. (ECF No. 37.) IBM’s minimal
redactions of the Appendix are limited to text from that Complaint that the Court already has
ordered to be permanently maintained under seal, including Complaint paragraphs 111 and 113.
As the proposed redactions contain
confidential business information and
are minimal, the Court grants
Defendant's motion to permanently
seal Dkt. No. 42. The Clerk of the
Court is directed to terminate the
pending motion at Dkt. No. 41.

Respectfully submitted,
/s/ Robert A. Atkins
Robert A. Atkins

cc: All counsel of record (via ECF)

June 9, 2023