Opinion
24-mc-80120-BLF
07-16-2024
IN RE EX PARTE APPLICATION FOR AN PURSUANT TO 28 U.S.C. § 1782 AUTHORIZING DISCOVERY FOR USE IN FOREIGN PROCEEDINGS, HP INC. AND HP DEUTSCHLAND GMBH, Applicants.
ORDER GRANTING NOKIA TECHNOLOGIES OY'S ADMINISTRATIVE MOTION TO FILE UNDER SEAL
[RE: ECF 15]
BETH LABSON FREEMAN UNITED STATES DISTRICT JUDGE
Nokia Technologies Oy has filed an administrative motion (ECF 15) to seal Exhibit C submitted with its response to an application for discovery filed by HP Inc. and HP Deutschland GmbH (collectively, “HP”) pursuant to 28 U.S.C. § 1782. HP has not filed a response and the time to do so has expired. Because the motion to seal relates to a discovery matter, the Court ordinarily would apply the lower “good cause” standard rather than the “compelling reasons” standard that applies to documents more closely related to the merits of a case. See Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1097 (9th Cir. 2016). The Court applies the compelling reasons standard here, however, because resolution of the discovery matter also will resolve the entire miscellaneous action.
Exhibit C to the Declaration of Dr. Bernhard Arnold contains a list of license agreements and provides information regarding the agreements' key terms and scope. Nokia Technologies Oy has submitted a declaration of counsel stating that this material is highly sensitive and could give competitors an advantage if made public. See Ghosh Decl. ¶ 2, ECF 15-2. The material is referenced throughout the exhibit such that redactions would not be practical. Accordingly, the Court finds that compelling reasons exist to seal Exhibit C. The motion is GRANTED.
ORDER
(1) Nokia Technologies Oy's administrative motion to seal (ECF 15) is GRANTED.
(2) This order terminates ECF 15.