I/P Engine, Inc. v. AOL, Inc. et al
Filing
687
MOTION to Seal Portions of the Order on the Final Pretrial Conference by AOL Inc., Gannett Company, Inc., Google Inc., IAC Search & Media, Inc., Target Corporation. (Attachments: # 1 Exhibit 1)(Noona, Stephen)
Exhibit 1
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
Before the Court is the Motion to Seal (“Defendants’ Motion to Seal”) filed by
Defendants Google Inc., Target Corporation, IAC Search & Media, Inc., Gannett Co., Inc. and
AOL Inc. (collectively “Defendants”).
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.
Defendants have asked to file under seal Portions of Order on the Final Pretrial
Conference (“Portions of the Final Pretrial Order”) as they 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 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 Ashcraft v. Conoco, Inc., 218 F.3d 282, 288 (4th Cir. 2000)).
3.
This Court finds that Portions of the Final Pretrial Order contain data that is
confidential under the Protective Order; 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.
4.
Specifically, the Court finds the following reasons for sealing the requested
pleadings: Portions of the Final Pretrial Order contain confidential Google technical information
and confidential Google financial information that is not generally known, that has economic
value, and would cause competitive harm if made public. In particular, proposed Exhibit E
contains lengthy descriptions of the operations of the Google accused systems which Google
contends are highly confidential for all the reasons set forth in their Motion to Close the
Courtroom, and Declarations filed in Support thereof (Dkt. Nos. 346 and 348-351). In addition,
the proposed Final Pretrial Order contains third-party information that is confidential.
Additionally, the Court finds that the Defendants have made all reasonable efforts to limit their
redactions in compliance with the law of this Circuit.
5.
In camera copies of Portions of the Final Pretrial Order have been reviewed by the
Court. In light of Defendants’ concerns and the Protective Order, there appears to be no
alternative that appropriately serves Defendants’ expressed confidentiality concerns.
6.
For the sake of consistency with practices governing the case as a whole, Portions
of the Final Pretrial Order shall remain sealed and be treated in accordance with the terms and
conditions of the Protective Order.
Accordingly, it is ORDERED that Portions of the Final Pretrial Order shall be filed under
seal. 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:
October ____, 2012
Entered:
_____/_____/_____
_____________________________
United States District Court
Eastern District of Virginia
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: (757) 624-3000
Facsimile: (757) 624-3169
senoona@kaufcan.com
David Bilsker
David A. Perlson
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
50 California Street, 22nd Floor
San Francisco, California 94111
Telephone: (415) 875-6600
Facsimile: (415) 875-6700
davidbilsker@quinnemanuel.com
davidperlson@quinnemanuel.com
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: (757) 624-3000
Facsimile: (757) 624-3169
senoona@kaufcan.com
Robert L. Burns
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
Two Freedom Square
11955 Freedom Drive
Reston, VA 20190
Telephone: (571) 203-2700
Facsimile: (202) 408-4400
Courtney S. Alexander
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
3500 SunTrust Plaza
303 Peachtree Street, NE
Atlanta, GA 94111
Telephone: (404) 653-6400
Facsimile: (415) 653-6444
Counsel for Defendant AOL Inc.
11968732v1
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