I/P Engine, Inc. v. AOL, Inc. et al
Filing
1018
Memorandum in Support re 1017 MOTION to Seal (Motion To Seal (1) Portions Of Defendants Opening Brief On Issues Raised In The Courts August 14 Order; (2) Portions Of The Brief In Support Of Defendants Motion For Leave To Submit Evidence and Offer Proof In Support Of Defendants Opening Brief On Issues Raised In The Courts August 14 Order; and (3) Exhibits 1-3 Of The Declaration Of Howard Chen In Support Of Defendants Motion For Leave To Submit Evidence and Offer Proof In Support Of Defendants Opening Brief On Issues Raised In The Courts August 14 Order filed by AOL Inc., Gannett Company, Inc., Google Inc., IAC Search & Media, Inc., Target Corporation. (Noona, Stephen)
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.
MEMORANDUM IN SUPPORT OF MOTION TO SEAL (1) PORTIONS OF
DEFENDANTS’ OPENING BRIEF ON ISSUES RAISED IN THE COURT’S AUGUST 14
ORDER; (2) PORTIONS OF THE BRIEF IN SUPPORT OF DEFENDANTS’ MOTION
FOR LEAVE TO SUBMIT EVIDENCE AND OFFER PROOF IN SUPPORT OF
DEFENDANTS’ OPENING BRIEF ON ISSUES RAISED IN THE COURT’S AUGUST 14
ORDER; AND (3) EXHIBITS 1-3 OF THE DECLARATION OF HOWARD CHEN IN
SUPPORT OF DEFENDANTS’ MOTION FOR LEAVE TO SUBMIT EVIDENCE AND
OFFER PROOF IN SUPPORT OF DEFENDANTS’ OPENING BRIEF ON ISSUES
RAISED IN THE COURT’S AUGUST 14 ORDER
In support of their Motion to Seal pursuant to Local Rule 5, and the Protective Order
entered in this matter on January 23, 2012 (Doc. No. 85), Defendants Google Inc., Target
Corporation, IAC Search & Media, Inc., Gannett Co., Inc. and AOL Inc. (collectively
“Defendants”) state the following:
1.
Defendants have moved the court for leave to file under seal (1) Portions of
Defendants’ Opening Brief on Issues Raised in the Court’s August 14 Order (“Portions of
Defendants’ Opening Brief”); (2) Portions of the Brief in Support of Defendants’ Motion for
Leave to Submit Evidence and Offer Proof in Support of Defendants’ Opening Brief on Issues
Raised in the Court’s August 14 Order (“Portions of Defendants’ Brief in Support of Motion for
Leave”); and (3) Exhibits 1-3 to the Declaration of Howard Chen in Support of Defendants’
Motion for Leave to Submit Evidence and Offer Proof in Support of Defendants’ Opening Brief
on Issues Raised in the Court’s August 14 Order (“Certain Exhibits to the Chen Declaration”).
2.
Portions of Defendants’ Opening Brief, Portions of Defendants’ Brief in Support
of Motion for Leave, and Certain Exhibits to the Chen Declaration contain data that is
confidential under the Protective Order.
3.
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. Feltman, No. 1:08-CV-371, 2008 U.S. Dist. LEXIS 93039 (E.D. Va. Nov.
13, 2008) (citing Ashcraft v. Conoco, Inc., 218 F.3d 282, 288 (4th Cir. 2000)). Defendants
contend that Portions of Defendants’ Opening Brief, Portions of Defendants’ Brief in Support of
Motion for Leave, and Certain Exhibits to the Chen Declaration contain data that is confidential
under the Protective Order. Defendants specifically state as reasons for sealing the requested
pleadings that they contain highly confidential business and trade secret information, all of which
is not generally known, has economic value, and the disclosure of which would cause
competitive harm if made widely public.
Defendants have made all reasonable efforts to narrowly limit their redactions in
compliance with the law of this Circuit.
4.
In camera copies of Portions of Defendants’ Opening Brief, Portions of
Defendants’ Brief in Support of Motion for Leave, and Certain Exhibits to the Chen Declaration
have been forwarded to the Court.
5.
By filing narrowly redacted public pleadings, the Defendants have made all
reasonable efforts to limit their redactions in compliance with the law of this Circuit.
6.
For the sake of consistency with practices governing the case as a whole, Portions
of Defendants’ Opening Brief, Portions of Defendants’ Brief in Support of Motion for Leave,
and Certain Exhibits to the Chen Declaration should remain sealed and be treated in accordance
with the terms and conditions of the Protective Order.
Accordingly, and in satisfaction of the requirements of Local Rule 5, Defendants
respectfully ask the Court to seal Portions of Defendants’ Opening Brief, Portions of Defendants’
Brief in Support of Motion for Leave, and Certain Exhibits to the Chen Declaration.
DATED: October 30, 2013
/s/ Stephen E. Noona
Stephen E. Noona
Virginia State Bar No. 25367
KAUFMAN & CANOLES, P.C.
150 West Main Street, Suite 2100
Norfolk, VA 23510
Telephone: (757) 624-3000
Facsimile: (757) 624-3169
senoona@kaufcan.com
David Bilsker
David A. Perlson
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
50 California Street, 22nd Floor
San Francisco, California 94111
Telephone: (415) 875-6600
Facsimile: (415) 875-6700
davidbilsker@quinnemanuel.com
davidperlson@quinnemanuel.com
Counsel for Google Inc., Target Corporation,
IAC Search & Media, Inc., and Gannett Co., Inc.
/s/ Stephen E. Noona
Stephen E. Noona
Virginia State Bar No. 25367
KAUFMAN & CANOLES, P.C.
150 W. Main Street, Suite 2100
Norfolk, VA 23510
Telephone: (757) 624-3000
Facsimile: (757) 624-3169
senoona@kaufcan.com
Robert L. Burns
FINNEGAN, HENDERSON, FARABOW, GARRETT &
DUNNER, LLP
Two Freedom Square
11955 Freedom Drive
Reston, VA 20190
Telephone: (571) 203-2700
Facsimile: (202) 408-4400
Cortney S. Alexander
FINNEGAN, HENDERSON, FARABOW, GARRETT &
DUNNER, LLP
3500 SunTrust Plaza
303 Peachtree Street, NE
Atlanta, GA 94111
Telephone: (404) 653-6400
Facsimile: (415) 653-6444
Counsel for Defendant AOL Inc.
CERTIFICATE OF SERVICE
I hereby certify that on October 30, 2013, I will electronically file the foregoing with the
Clerk of Court using the CM/ECF system, which will send a notification of such filing (NEF) to
the following:
Jeffrey K. Sherwood
Kenneth W. Brothers
DICKSTEIN SHAPIRO LLP
1825 Eye Street NW
Washington, DC 20006
Telephone: (202) 420-2200
Facsimile: (202) 420-2201
sherwoodj@dicksteinshapiro.com
brothersk@dicksteinshapiro.com
Donald C. Schultz
W. Ryan Snow
Steven Stancliff
CRENSHAW, WARE & MARTIN, P.L.C.
150 West Main Street, Suite 1500
Norfolk, VA 23510
Telephone: (757) 623-3000
Facsimile: (757) 623-5735
dschultz@cwm-law.cm
wrsnow@cwm-law.com
sstancliff@cwm-law.com
Counsel for Plaintiff, I/P Engine, Inc.
/s/ Stephen E. Noona
Stephen E. Noona
Virginia State Bar No. 25367
KAUFMAN & CANOLES, P.C.
150 West Main Street, Suite 2100
Norfolk, VA 23510
Telephone: (757) 624-3000
Facsimile: (757) 624-3169
senoona@kaufcan.com
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