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

Filing 207

Memorandum in Support re 206 MOTION to Seal Portions Of Google Inc.s Brief In Support Of Motion To Compel And Various Exhibits To The Declaration Of Jen Ghaussy in Support Thereof filed by Google Inc.. (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 PORTIONS OF GOOGLE
INC.’S BRIEF IN SUPPORT OF MOTION TO COMPEL AND VARIOUS EXHIBITS
TO THE DECLARATION OF JEN GHAUSSY I N SUPPORT THEREOF
In support of its Motion to Seal pursuant to Local Rule 5, and the Protective Order [Dk.
85] entered in this matter, Google Inc. (“Google”) states the following:
1.

Google moves the Court for leave to file under seal (1) Portions of Google Inc.’s

Brief in Support of Motion to Compel (“Portions of Google’s Brief to Compel”) and (2)
Exhibits A-C, H-N, P-U to the Declaration of Jen Ghaussy in Support of Google Inc.’s Motion to
Compel (“Certain Exhibits to the Ghaussy Declaration”). Portions of Google’s Brief to Compel
and Certain Exhibits to the Ghaussy Declaration contain data that is confidential under the
Protective Order entered in this matter on January 23, 2012 (Dkt. No. 85) (“Protective Order”).
2.

There are three requirements for sealing court findings: (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 Ashcraft v. Conoco, Inc., 218 F.3d 282, 288 (4th Cir. 2000)). Google contends
that Portions of Google’s Brief to Compel and Certain Exhibits to the Ghaussy Declaration
contain data that is and should be kept confidential. In camera copies of Portions of Google’s
Brief to Compel and Certain Exhibits to the Ghaussy Declaration are being provided to the
Court. In light of Google’s concerns and the Protective Order, there appears to be no alternative
that appropriately serves Google’s expressed confidentiality concerns.
3.

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

believes Portions of Google’s Brief to Compel and Certain Exhibits to the Ghaussy 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, Google respectfully
asks the Court to seal Portions of Google’s Brief to Compel and Certain Exhibits to the Ghaussy
Declaration.

DATED: August 14, 2012

/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: [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]

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Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant Google, Inc
CERTIFICATE OF SERVICE
I hereby certify that on August 14, 2012, 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: [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]

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Counsel for Google Inc.,
Target Corporation,
IAC Search & Media, Inc., AOL Inc. and
Gannet Co., Inc.

Robert L. Burns
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
Two Freedom Square
11955 Freedom Drive
Reston, VA 20190
Telephone: [phone]
Facsimile: [phone]
Courtney S. Alexander
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
3500 SunTrust Plaza
303 Peachtree Street, NE
Atlanta, GA 94111
Telephone: [phone]
Facsimile: [phone]
Counsel for Defendant AOL, 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: [phone]
Facsimile: [phone]
[e-mail]

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