I/P Engine, Inc. v. AOL, Inc. et al
Filing
437
Memorandum in Support re 436 MOTION to Seal Plaintiff I/P Engine, Inc.'s Opposition to Defendants' Motion in Limine #1 along with Exhibits 5-6 and 11-12 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
Opposition to Defendants’ Motion in Limine #1 to Preclude Plaintiff from Introducing Evidence
on Willful Infringement, Pre-Suit Knowledge, or Copying along with Exhibits 5-6 and 11-12.
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.
Plaintiff I/P Engine, Inc.’s Opposition to Defendants’ Motion in Limine #1 to
Preclude Plaintiff from Introducing Evidence on Willful Infringement, Pre-Suit Knowledge, or
Copying along with Exhibits 5-6 and 11-12
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
DSMDB-3100042
that the Opposition to Defendants’ Motion in Limine #1 to Preclude Plaintiff from Introducing
Evidence on Willful Infringement, Pre-Suit Knowledge, or Copying along with Exhibits 5-6 and
11-12 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
Opposition and Exhibits 5-6 and 11-12 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 seal its Opposition to Defendants’ Motion in Limine #1 to Preclude
Plaintiff from Introducing Evidence on Willful Infringement, Pre-Suit Knowledge, or Copying
along with Exhibits 5-6 and 11-12. 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
DSMDB-3100042
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