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

Filing 353

NOTICE by AOL Inc., Gannett Company, Inc., Google Inc., IAC Search & Media, Inc., Target Corporation re 346 MOTION to Seal Documents and Close the Courtroom During Presentation of Confidential Material at Trial of Filing of Exhibit 1 (Proposed Order) (Attachments: # 1 Exhibit 1)(Noona, Stephen)

EXHIBIT 1

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.
[PROPOSED] ORDER GRANTING DEFENDANTS’ MOTION TO SEAL
DOCUMENTS AND CLOSE THE COURTROOM DURING PRESENTATION OF
CONFIDENTIAL MATERIAL AT TRIAL
Before the Court is Defendants’ Motion to Seal Documents and Close the Courtroom
During Presentation of Confidential Material at Trial. Defendants have asked this Court to close
the courtroom and seal the record as to three limited categories of extraordinarily sensitive and
valuable confidential business information:

(1) how AdWords and AdSense for Search

determine which advertisements to display to users, (2) Google’s confidential patent license
agreements and other intellectual property agreements, and (3) Defendants’ confidential, nonpublic financial information (“Confidential Portions of Trial”).
1.

This Court finds that Google’s Confidential Portions of Trial will involve

testimony and documents that are 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.

2.

Specifically, the Court finds the following reasons for sealing the requested

pleadings: Google’s Confidential Portions of Trial will involve (1) how AdWords and AdSense
for Search determine which advertisements to display to users, (2) Google’s confidential patent
license agreements and other intellectual property agreements, and (3) Defendants’ confidential,
non-public financial information. This information and related documents contain extraordinarily
sensitive and valuable information regarding Google's products and the confidential manner in
which they work, and licensing and financial information the public disclosure of which would
cause Google economic and competitive harm and could hurt Google's customers by increasing
the rankings of lower quality advertisements. A lack of Court protection of the aforementioned
information would cause Google severe economic harm because the information could be used
by Google's competitors to attempt to mimic Google's unique, successful, and, thus far,
confidential details of its advertising system. Additionally, the Court finds that Defendants shall
make all reasonable efforts to limit their requests for redactions and closures in compliance with
the law of this Circuit.
After careful consideration of the grounds and authorities presented, and for good cause
shown, Defendants’ Motion is GRANTED.
Therefore, it is hereby ORDERED that:
The Court will close the courtroom during presentation of confidential commercial
evidence and testimony relating to (1) how AdWords and AdSense for Search determine which
advertisements to display to users, (2) Google’s confidential patent license agreements and other
intellectual property agreements, and (3) Defendants’ confidential, non-public financial
information, and will seal trial documents reflecting confidential commercial information. As

soon as it is practicable to do so, Defendants shall submit a specific and narrowly tailored list of
the confidential evidence and testimony that should be shielded from public disclosure.

Dated: ______________, 2012

________________________________
HON. RAYMOND A. JACKSON
UNITED STATES DISTRICT JUDGE

WE ASK FOR THIS:
/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]
Facsimile: [phone]
[e-mail]
[e-mail]
Counsel for Defendants 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 West Main Street, Suite 2100
Norfolk, VA 23510
Telephone: [phone]
Facsimile: [phone]
[e-mail]
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.

11942632v1