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

Filing 167

ORDER granting in part and denying in part 101 Motion to Seal as follows: The unredacted versions of Exhibit M (ECF No. 107 attach. 3) and Exhibit N {ECF No. 107 attach. 4) shall be FILED UNDER SEAL. The unredacted versions of the defendants' brief in support of their motion to compel (ECF No. 164 attach. 1), Exhibit K (ECF No. 163 attach. 3), and Exhibit L (ECF No. 163 attach. 4)shall be DEEMED UNSEALED and filed in the public record. The redacted versions of Exhibit M (ECF No. 163 attach and Exhibit N (ECF No. 163 attach. 6) shall be filed in the public record. Entered and filed 5/16/12. (Signed by Magistrate Judge F. Bradford Stillman on 5/16/12). (ecav, )

FILED
UNITED STATES DISTRICT COURT

MAY 1 6 2012

FOR THE EASTERN DISTRICT OF VIRGINIA
Norfolk Division

CLERK. U.S. DISTRICT COURT
NOKro; x. \'a

I/P ENGINE,

INC.,

Plaintiff,

Case No.:

2:llcv512

v.

AOL,

INC.,

et al.,
Defendants.

ORDER

Before the Court is a 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 C. O'Brien In Support of Defendants' Brief in
Support of Their Motion to Compel Plaintiff to Supplement Its

infringement Contentions (ECF No. 101) ("Motion to Seal"), filed on
March 27, 2012, by defendants Google Inc. and IAC Search & Media,
inc.

On May 3, 2012, the Court entered an Order to Show Cause (ECF

No. 161) directing the parties to demonstrate why certain of the
materials submitted for filing under seal should not be unsealed
and filed in the public record.

On May 10, 2012, the defendants

filed a Notice of Filing of Certain Unredacted and Further Redacted
Materials in Response to Order to Show Cause (ECF No. 163), and on
May 11, 2012, the defendants filed a Notice of Filing of Corrected
Exhibit (ECF No. 164), setting forth the defendants' response to
the

Order to

Show Cause.

in the defendants' response to the Order to Show Cause, they

concede that the brief in support of their motion to compel and
Exhibits K and L to the Declaration of Emily O'Brien in support

thereof contain no confidential information, attaching unredacted
copies of these documents for filing in the public record.

The

defendants maintain that Exhibits M and M contain confidential
technical and commercial information, but concede that the public

filing of redacted versions of these documents is appropriate, and
redacted copies of these two exhibits are attached to their
response.

Based on the Court's in camera review and the defendants'

response to the Order to Show Cause, the Court FINDS that the

redacted portions of the newly proffered public versions of
Exhibits M and N contain confidential technical and commercial
information that is normally unavailable to the public.

Moreover,

the Court FINDS that the parties' non-confidential, public filings

adequately apprise the public of the nature of this confidential
information.

The Court further FINDS that the public's interest in

access is outweighed here by the parties' interest in preserving
confidentiality, and there are no alternatives that appropriately

serve these interests.

The Court correspondingly FINDS that the

remainder of the materials originally submitted for filing under
seal in connection with the Motion to Seal (ECF No. 101) is not
confidential.

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2

-

Accordingly,

the Court ORDERS

1.
2.
3)

The Motion to Seal
The

The

support
K

(ECF

No.

107

unredacted

attach.

versions

163

attach.

3),

and

DEEMED UNSEALED and

4.
and

{ECF No.

of Exhibit M

of their motion to compel

shall be

5)

N

The

(ECF

No.

of

(ECF No.

163

of

(ECF No.

shall be

the

Exhibit

and DENIED in part.

L

164
(ECF

attach.

M

No.

163

shall

STATES

brief

1),

in

Exhibit

attach.

4)

record.

(ECF No.

6)

attach.

FILED UNDER SEAL.

attach.

the public

Exhibit

107

defendants'

UNITED

public

N

4)

filed in

redacted versions

Exhibit

following:

GRANTED in part

unredacted versions

and Exhibit

3.

is

the

be

163

attach.

filed

in

the

record.

IT

Norfolk,

IS

SO

ORDERED.

Virginia

May ^b , 2012

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3

-

MAGISTRATE

JUDGE