I/P Engine, Inc. v. AOL, Inc. et al
Filing
92
MOTION to Seal Portions of Google's Reply in Support of its Motion to Compel Plaintiff to Provide Conception, Reduction-to-Practice, and Priority Date Information, and Exhibits L, M, N and P to the Declaration of Margaret Kammerud in Support Thereof by Google Inc.. (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] AGREED ORDER
Before the Court is Google Inc.’s (“Google”) Motion to Seal (“Google’s Motion to Seal”)
portions of Google’s Reply in Support of its Motion to Compel Plaintiff to Provide Conception,
Reduction-to-Practice, and Priority Date Information for the Patents-in-Suit (“Portions of
Google’s Reply”) and Exhibits L, M, N and P to the Declaration of Margaret Kammerud in
Support of Google’s Reply in Support of its Motion to compel Plaintiff to Provide Conception,
Reduction-to-Practice, and Priority Date Information for the Patents-in-Suit (“Certain Exhibits to
Kammerud Declaration”). 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.
Google has asked to file under seal Portions of Google’s Reply and Certain
Exhibits to Kammerud Declaration as set forth in its motion.
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
that Portions of Google’s Reply and Certain Exhibits to Kammerud Declaration 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, Portions
of Google’s Reply and Certain Exhibits to Kammerud Declaration shall remain sealed and be
treated in accordance with the terms and conditions of the Protective Order.
Accordingly, it is ORDERED that Google’s Motion to Seal is granted and Google is
permitted to file under seal Portions of Google’s Reply and Certain Exhibits to Kammerud
Declaration. 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: March ____, 2012
Entered:
_____/_____/_____
______________________________
United States District Court
Eastern District of Virginia
2
WE ASK FOR THIS:
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 Google Inc.
3
SEEN AND AGREED:
Jeffrey K. Sherwood
Kenneth W. Brothers
DICKSTEIN SHAPIRO LLP
1825 Eye Street NW
Washington, DC 20006
Telephone: (202) 420-2200
Facsimile: (202) 420-2201
sherwoodj@dicksteinshapiro.com
brothersk@dicksteinshapiro.com
Donald C. Schultz
W. Ryan Snow
Steven Stancliff
CRENSHAW, WARE & MARTIN, P.L.C.
150 West Main Street, Suite 1500
Norfolk, VA 23510
Telephone: (757) 623-3000
Facsimile: (757) 623-5735
dschultz@cwm-law.cm
wrsnow@cwm-law.com
sstancliff@cwm-law.com
Counsel for Plaintiff, I/P Engine, Inc.
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
Counsel for Google Inc.,
Target Corporation,
IAC Search & Media, Inc., and
Gannet Co., Inc.
11581982_1.DOC
4
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?