I/P Engine, Inc. v. AOL, Inc. et al

Filing 101

MOTION to Seal Portions of Defendants' Brief in Support of their Motion to Compel Plaintiff to Supplement its Infringement Contentions and Exhibits K, L, M, and N to the Declaration of Emily O'Brien in Support Thereof by Google Inc., IAC Search & Media, Inc.. (Attachments: # 1 Exhibit 1)(Noona, Stephen)

Exhibit 1

EXHIBIT 1
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION
I/P ENGINE, INC.
Plaintiff,
v.

Civil Action No. 2:11-cv-512

AOL, INC., et al.,
Defendants.

[PROPOSED] AGREED ORDER
Before the Court is Defendants Google, Inc. and IAC Search & Media, Inc. (collectively,
“Defendants”) Motion to Seal (“Defendants’ Motion to Seal”) Portions of Defendants’ Brief in
Support of Their Motion to Compel Plaintiff to Supplement its Infringement Contentions
(“Portions of Defendants’ Brief”) and Exhibits K, L, M and N to the Declaration of Emily C.
O’Brien in Support of Defendants’ Brief in Support of Their Motion to Compel Plaintiff to
Supplement its Infringement Contentions (“Certain Exhibits to O’Brien Declaration”). After
considering the Motion to Seal, Order and related filings, the Court is of the opinion that the
Motion to Seal should be granted. It is therefore ORDERED as follows:
1.

Defendants have asked to file under seal Portions of Defendants’ Brief and

Certain Exhibits to O’Brien Declaration as set forth in their motion.
2.

There are three requirements for sealing court filings: (1) public notice with an

opportunity to object; (2) consideration of less drastic alternatives; and (3) a statement of specific
findings in support of a decision to seal and rejecting alternatives to sealing. See, e.g., Flexible

Benefits Council v. Feldman, No. 1:08-CV-371, 2008 U.S. Dist. LEXIS 93039 (E.D. Va. Nov.
13, 2008) (citing Ashcroft v. Conoco, Inc., 218 F.3d 282, 288 (4th Cir. 2000)). This Court finds
that Portions of Defendants’ Brief and Certain Exhibits to O’Brien Declaration may contain data
that is confidential under the Protective Order entered in this matter on January 23, 2012; that
public notice has been given, that no objections have been filed; that the public’s interest in
access is outweighed by the interests in preserving such confidentiality; and that there are no
alternatives that appropriately serve these interests.
3.

For the sake of consistency with practices governing the case as a whole, Portions

of Defendants’ Brief and Certain Exhibits to O’Brien Declaration shall remain sealed and be
treated in accordance with the terms and conditions of the Protective Order.
Accordingly, it is ORDERED that Defendants’ Motion to Seal is granted and Defendants
are permitted to file under seal Portions of Defendants’ Brief and Certain Exhibits to O’Brien
Declaration. The Court shall retain sealed materials until forty-five (45) days after entry of a
final order. If the case is not appealed, any sealed materials should then be returned to counsel
for the filing party.

Dated: March ____, 2012

Entered:

_____/_____/_____

______________________________
United States District Court
Eastern District of Virginia

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WE ASK FOR THIS:

Stephen E. Noona
Virginia State Bar No. 25367
KAUFMAN & CANOLES, P.C.
150 West Main Street, Suite 2100
Norfolk, VA 23510
Telephone: [phone]
Facsimile: [phone]
[e-mail]
David Bilsker
David A. Perlson
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
50 California Street, 22nd Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Google Inc., Target Corporation,
IAC Search & Media, Inc., and Gannet Co., Inc.

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SEEN AND AGREED:

Jeffrey K. Sherwood
Kenneth W. Brothers
DICKSTEIN SHAPIRO LLP
1825 Eye Street NW
Washington, DC 20006
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Donald C. Schultz
W. Ryan Snow
Steven Stancliff
CRENSHAW, WARE & MARTIN, P.L.C.
150 West Main Street, Suite 1500
Norfolk, VA 23510
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Counsel for Plaintiff, I/P Engine, Inc.

Stephen E. Noona
Virginia State Bar No. 25367
KAUFMAN & CANOLES, P.C.
150 West Main Street, Suite 2100
Norfolk, VA 23510
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Google Inc., Target Corporation,
IAC Search & Media, Inc., and Gannet Co., Inc.
11581982_1.DOC

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