I/P Engine, Inc. v. AOL, Inc. et al
Filing
828
MOTION to Seal (1) Portions Of Defendants Memorandum In Support Of Renewed Motion For Judgment As A Matter Of Law On Non-Infringement Or New Trial; (2) Portions Of DefendantsMemorandum In Support Of Renewed Motion For Judgment As A Matter Of Law On Damages Or New Trial; And (3) Certain Exhibit To The Declaration Of Joshua L. Sohn In Support Of Defendants Renewed Motions For Judgment As A Matter Of Law On Damages, Invalidity And Non-Infringement Or New Trial by AOL Inc., Gannett Company, Inc., Google Inc., IAC Search & Media, Inc., Target Corporation. (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
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 (1) Portions of Defendants’
Memorandum in Support of Renewed Motion for Judgment as a Matter of Law on NonInfringement or New Trial (“Memorandum in Support of Renewed JMOL on NonInfringement”); (2) Portions of Defendants’ Memorandum in Support of Renewed Motion for
Judgment as a Matter of Law on Damages or New Trial (“Memorandum in Support of Renewed
JMOL on Damages”); and (3) Certain Exhibit to the Declaration of Joshua L. Sohn in Support of
Defendants’ Renewed Motions for Judgment as a Matter of Law on Damages, Invalidity and
Non-Infringement or New Trial (“Exhibit 1 to the Sohn Declaration”) 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 Memorandum in Support of Renewed JMOL
on Non-Infringement, Memorandum in Support of Renewed JMOL on Damages, and Exhibit 1
to the Sohn Declaration 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 Memorandum in Support of Renewed JMOL on Non-Infringement,
Memorandum in Support of Renewed JMOL on Damages, and Exhibit 1 to the Sohn Declaration
contain confidential Google financial information that is not generally known, that has economic
value, and would cause competitive harm if made public. Additionally, some of the material was
subject to the Court closing the courtroom during trial and subject to a pending motion to redact
certain transcripts (Dkt. No. 802). The Court also finds that by filing narrowly redacted public
pleadings, 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 Memorandum in Support of Renewed JMOL
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on Non-Infringement, Memorandum in Support of Renewed JMOL on Damages, and Exhibit 1
to the Sohn Declaration have been reviewed by the Court. In light of Defendants’ concerns and
the Protective Order, there appears to be no alternative other than the narrowly redacted public
pleadings that appropriately serves Defendants’ expressed confidentiality concerns.
6.
For the sake of consistency with practices governing the case as a whole, Portions
of the Memorandum in Support of Renewed JMOL on Non-Infringement, Memorandum in
Support of Renewed JMOL on Damages, and Exhibit 1 to the Sohn Declaration 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 Memorandum in Support of Renewed
JMOL on Non-Infringement, Memorandum in Support of Renewed JMOL on Damages, and
Exhibit 1 to the Sohn Declaration 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.
Entered:
_____/_____/_____
_____________________________
United States District Court
Eastern District of Virginia
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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
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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.
12112060v1
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