I/P Engine, Inc. v. AOL, Inc. et al
ORDER granting 1049 Motion to Seal. Signed by District Judge Raymond A. Jackson on 12/23/13, Nunc Pro Tunc December 23, 2013. (tbro)
DEC 2 3 2013
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
I/P ENGINE, INC.,
Civ. Action No. 2:1 l-cv-512
Before the Court is Plaintiff I/P Engine, Inc.'s ("I/P Engine") Motion to Seal its
Opposition to Defendants' Opening Brief on Issues in the Court's August 14 Order and the
Rebuttal Declaration of Dr. Ophir Frieder, Ph.D. in support of its Opposition (collectively,
"Opposition"). 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:
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 I/P Engine's Opposition 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.
For the sake of consistency with practices governing the case as a whole, I/P
Engine's Opposition shall remain sealed and be treated in accordance with the terms and
conditions of the Protective Order.
Accordingly, it is ORDERED that Plaintiffs Motion to Seal is granted and I/P Engine is
permitted to file under seal its Opposition. 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.
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Dated: November //, 2013
(2- / X7^// ^
Eastern District of Virginia
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