I/P Engine, Inc. v. AOL, Inc. et al
Filing
332
Memorandum in Support re 331 MOTION to Seal the Memorandum in Support of Plaintiff I/P Engine, Inc.'s Second Motion in Limine to Preclude Non-Comparable License Agreements along with Exhibits 1 and 2 filed by I/P Engine, Inc.. (Attachments: # 1 Proposed Order)(Sherwood, Jeffrey)
EXHIBIT 1
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION
__________________________________________
)
I/P ENGINE, INC.,
)
)
Plaintiff,
)
v.
)
)
AOL, INC. et al.,
)
)
Defendants.
)
__________________________________________)
Civ. Action No. 2:11-cv-512
[PROPOSED] AGREED ORDER
Before the Court is Plaintiff I/P Engine, Inc.’s (“I/P Engine”) Motion to seal its
Memorandum in Support of Plaintiff I/P Engine, Inc.'s Second Motion in Limine to Preclude
Non-Comparable License Agreements along with Exhibits 1 and 2. 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.
Memorandum in Support of Plaintiff I/P Engine, Inc.'s Second Motion in Limine
to Preclude Non-Comparable License Agreements along with Exhibits 1 and 2
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
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that the Memorandum along with Exhibits 1 and 2 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, the
Memorandum and Exhibits 1 and 2 shall remain sealed and be treated in accordance with the
terms and conditions of the Protective Order.
Accordingly, it is ORDERED that Plaintiff’s Motion to Seal is granted and I/P Engine is
permitted to file under its Memorandum in Support of Plaintiff I/P Engine, Inc.'s Second Motion
in Limine to Preclude Non-Comparable License Agreements along with Exhibits 1 and 2. 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: September ___, 2012
Entered:
____/____/____
__________________________
United States District Court
Eastern District of Virginia
2
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