ESN LLC v. Cisco Systems, Inc. et al

Filing 181

Unopposed MOTION to Redact 179 Transcript,,,, by Cisco Systems, Inc., Cisco-Linksys LLC. (Attachments: # 1 Text of Proposed Order)(Cannon, Matthew)

ESN LLC v. Cisco Systems, Inc. et al

Doc. 181

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION ESN, LLC, Plaintiff, v. CISCO SYSTEMS, INC., and CISCO-LINKSYS, LLC, Defendants. ) ) ) ) ) ) ) ) ) ) )

Civil Action No. 5:08-cv-20-DF JURY TRIAL DEMANDED

DEFENDANTS' UNOPPOSED MOTION FOR ADDITIONAL REDACTION Defendants Cisco Systems, Inc. and Cisco-Linksys, LLC (collectively, "Cisco") hereby move for an order redacting approximately one and one-half pages of the sixty-six page transcript from the parties' November 20, 2009 hearing regarding four pending motions. Dkt. 179. Cisco filed notice of its intent to request redaction on December 16, 2009. Dkt. 180. Plaintiff ESN, LLC ("ESN") does not oppose this motion. During oral argument on Cisco's Motion to Dismiss and ESN's Motion to Disqualify, counsel for the parties referenced terms of a confidential business relationship between Cisco and a third party, Iperia. The written document describing this relationship was designated "Confidential ­ Outside Counsel Only" pursuant to paragraph 5 of this Court's June 5, 2008 protective order (Dkt.34) when it was produced in this matter. See Dkt. 74, Ex. S-19. All briefing on the Motion to Dismiss and ESN's Motion to Disqualify in which this business relationship was discussed was filed under seal. See Dkts. 71-74, 85, 106-109, 136-137, 139.

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Dockets.Justia.com

Good cause exists for sealing the following passages from the transcript of the hearing on November 20 because they contain discussion of the confidential terms of Cisco's and Iperia's agreement, which are governed by the Protective Order: Page 17, lines 17 through 19 ("Iperia ... themselves."); Page 26, lines 17 through 20 ("Iperia ... argued."); Page 29, lines 19 through 23 ("Cisco ... license."); Page 30, lines 1 through 5 ("Cisco's ... argued."); Page 34, line 5 (three words following "payment"); Page 34, line 25 through page 35, line 10 ("It ... rights."); Page 36, line 24 (entire); Page 36, line 25 through page 37, line 3 ("litigation ... source."); and Page 37, lines 12 through 15 ("In ... rights."). For the foregoing reasons, Cisco respectfully requests an order sealing the aboveenumerated portions of the transcript of the November 20, 2009 motions hearing and directing the court reporter to redact those passages from all publicly available versions of the transcript.

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DATED: December 16, 2009

Respectfully submitted,

By /s/ Matthew D. Cannon

POTTER MINTON A Professional Corporation MICHAEL JONES Tex. Bar No. 10929400 [e-mail] 110 N. College, Suite 500 (75702) P.O. Box 359 Tyler, Texas 75710 Telephone: [phone] Facsimile: [phone] QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP CHARLES K. VERHOEVEN LEAD COUNSEL Cal. Bar No. 170151 [e-mail] KEVIN A. SMITH Cal. Bar No. 250814 [e-mail] MATTHEW D. CANNON Cal. Bar No. 252666 [e-mail] 50 California St., 22nd Floor San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] VICTORIA F. MAROULIS Cal. Bar No. 202603 [e-mail] SAYURI K. SHARPER Cal. Bar No. 232331 [e-mail]

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555 Twin Dolphin Dr., Suite 560 Redwood Shores, California 94065 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants Cisco Systems, Inc. and Cisco-Linksys, LLC

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CERTIFICATE OF SERVICE I hereby certify that all counsel of record who have consented to electronic service are being served with a copy of this document via the Court's CM/ECF system per Local Rule CV-5(a)(3) on this the 16th day of December, 2009. Any other counsel of record will be served by First Class U.S. mail on this same date. /s/ Matthew D. Cannon

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