Opinion
5:24-cv-03972
07-09-2024
ROCHE MOLECULAR SYSTEMS, INC. and ROCHE SEQUENCING SOLUTIONS, INC., Plaintiffs, v. FORESIGHT DIAGNOSTICS INC., DAVID KURTZ, an individual, and BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY, Defendants. Document Portions to be Sealed Reason(s) for Sealing
Mark Flanagan (SBN 130303) WILMER CUTLER PICKERING HALE & DORR Robert J. Gunther, Jr. (NY SBN 1967652) Christopher R. Noyes (pro hac vice forthcoming) WILMER CUTLER PICKERING HALE & DORR Attorneys for Plaintiffs ROCHE MOLECULAR SYSTEMS, INC. and ROCHE SEQUENCING SOLUTIONS, INC.
Mark Flanagan (SBN 130303) WILMER CUTLER PICKERING HALE & DORR Robert J. Gunther, Jr. (NY SBN 1967652) Christopher R. Noyes (pro hac vice forthcoming) WILMER CUTLER PICKERING HALE & DORR Attorneys for Plaintiffs ROCHE MOLECULAR SYSTEMS, INC. and ROCHE SEQUENCING SOLUTIONS, INC.
[PROPOSED] ORDER GRANTING ADMINISTRATIVE MOTION TO SEAL PORTIONS OF EXHIBITS A-K TO PLAINTIFFS' COMPLAINT PURSUANT TO CIVIL LOCAL RULE 79-5
This matter comes before the Court on Plaintiffs Roche Molecular Systems, Inc. and Roche Sequencing Solutions, Inc.'s (together, “Roche”) Motion to Seal Portions of Exhibits A through K to Plaintiffs' Complaint, Dkt. 1.
Having considered the motion, the papers submitted in support thereof, and finding compelling reasons therefor, the Court GRANTS Roche's motion and seals the following materials:
Document
Portions to be Sealed
Reason(s) for Sealing
Exhibit A to Complaint (2015 Consulting Services Agreement between Roche and Drs. Maximilian Diehn and Arash Alizadeh)
Portions of ¶ 2.1; ¶ 2.2; ¶ 3; ¶ 4; ¶ 5.2; ¶ 6; ¶¶ 7.2-7.4; ¶¶ 9.1-9.2; portions of ¶ 10; ¶ 12; ¶ 14; ¶ 15; ¶ 19; ¶ 21; ¶ 23; Exhibit A.
Reflects confidential terms of consulting contract between Roche and founders of a company acquired by Roche.
Exhibit B to Complaint (Proprietary Information and Invention Agreement between Roche and Dr. David Kurtz)
¶ 1; ¶¶ 7-9; ¶ 16; ¶ 20; ¶¶ 22(a), (d), (e).
Reflects confidential terms of consulting contract between Roche and an industry consultant.
Exhibit C to Complaint (Confidential technical presentation from Capp Medical Inc.)
Slides 4; 11-16; 20; 22-25; 27-48; 50-63.
Reflects technical information proprietary DNA sequencing technology acquired by Roche.
Exhibit D to Complaint (Fourth Amendment to the Exclusive Equity Agreement between Stanford University and Capp Medical, Inc.)
¶ 2.1; ¶¶ 3.2-3.3; ¶ 4.
Reflects confidential terms of an equity agreement between company acquired by Roche and Stanford University.
Exhibit E to Complaint (Non-Competition Agreement between Roche and Drs. Maximilian Diehn and Arash Alizadeh)
Recitals ¶¶ C, D, F, G; ¶ 2; portions of ¶ 3; ¶ 4-5; ¶ 10-11; ¶¶ 15(a), (g), (h).
Reflects confidential terms of agreement between Roche and founders of a company acquired by Roche.
Exhibit F to Complaint (2017 Restated Consulting Services Agreement between Roche and Dr. Maximilian Diehn)
Recitals ¶¶ C, D; ¶ 1.1; ¶¶ 2-4; ¶ 5.2; ¶ 6; ¶¶ 7.2-7.3; ¶¶ 8.3-8.5; ¶¶ 9.1-9.2; portions of ¶ 10; ¶ 12; ¶ 19; Exhibit A; electronic signature data.
Reflects confidential terms of consulting contract between Roche and founders of a company acquired by Roche.
Exhibit G to Complaint (2017 Restated Consulting Services Agreement between Roche and Dr. Arash Alizadeh)
Recitals ¶¶ C, D; ¶ 1.1; ¶¶ 2-4; ¶ 5.2; ¶ 6; ¶¶ 7.2-7.3; ¶¶ 8.3-8.5; ¶¶ 9.1-9.2; portions of ¶ 10; ¶ 12; ¶ 19; Exhibit A; electronic signature data.
Reflects confidential terms of consulting contract between Roche and founders of a company acquired by Roche.
Exhibit H to Complaint (2018 Consulting Services Agreement between Roche and Dr. Maximilian Diehn)
Recitals ¶¶ C, D; ¶ 1.1.1; ¶¶ 2-4; ¶ 5.2; ¶ 6; ¶ 7.2-7.3; ¶ 8.3-8.5; ¶ 9.1-9.2; portions of ¶ 10; ¶ 12; ¶ 19; Exhibit A.
Reflects confidential terms of consulting contract between Roche and founders of a company acquired by Roche.
Exhibit I to Complaint (2018 Consulting Services Agreement between Roche and Dr. Arash Alizadeh)
Recitals ¶¶ C, D; ¶ 1.1.1; ¶¶ 2-4; ¶ 5.2; ¶ 6; ¶ 7.2-7.3; ¶ 8.3-8.5; ¶ 9.1-9.2; portions of ¶ 10; ¶ 12; ¶ 19; Exhibit A.
Reflects confidential terms of consulting contract between Roche and founders of a company acquired by Roche.
Exhibit J to Complaint (Amendment #1 to Restated Consulting Services Agreement between Roche and Dr. Maximilian Diehn)
Electronic signature data.
Reflects confidential terms of consulting contract between Roche and founders of a company acquired by Roche.
Exhibit K to Complaint (Amendment #1 to Restated Consulting Services Agreement between Roche and Dr. Arash Alizadeh)
Electronic signature data.
Reflects confidential terms of consulting contract between Roche and founders of a company acquired by Roche.
IT IS SO ORDERED.