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Avago Technologies, Inc. v. Iptronics Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Jun 30, 2015
Case No.: 5:10-cv-02863-EJD (N.D. Cal. Jun. 30, 2015)

Opinion

Case No.: 5:10-cv-02863-EJD

06-30-2015

AVAGO TECHNOLOGIES, INC., et al., Plaintiffs, v. IPTRONICS INC., et al., Defendants.


ORDER RE: MOTIONS TO SEAL

(Re: Docket Nos. 581, 583, 585, 594, 596, 601, 610)

Before the court are seven administrative motions to file various documents under seal. "Historically, courts have recognized a 'general right to inspect and copy public records and documents, including judicial records and documents.'" Accordingly, when considering a sealing request, "a 'strong presumption in favor of access' is the starting point." Parties seeking to seal judicial records relating to dispositive motions bear the burden of overcoming the presumption with "compelling reasons" that outweigh the general history of access and the public policies favoring disclosure.

See Docket Nos. 563.

Kamakana v. City & County of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 597 & n. 7 (1978)).

Id. (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003)).

Id. at 1178-79.

However, "while protecting the public's interest in access to the courts, we must remain mindful of the parties' right to access those same courts upon terms which will not unduly harm their competitive interest." Records attached to nondispositive motions therefore are not subject to the strong presumption of access. Because the documents attached to nondispositive motions "are often unrelated, or only tangentially related, to the underlying cause of action," parties moving to seal must meet the lower "good cause" standard of Rule 26(c). As with dispositive motions, the standard applicable to nondispositive motions requires a "particularized showing" that "specific prejudice or harm will result" if the information is disclosed. "Broad allegations of harm, unsubstantiated by specific examples of articulated reasoning" will not suffice. A protective order sealing the documents during discovery may reflect the court's previous determination that good cause exists to keep the documents sealed, but a blanket protective order that allows the parties to designate confidential documents does not provide sufficient judicial scrutiny to determine whether each particular document should remain sealed.

Apple Inc. v. Samsung Electronics Co., Ltd., 727 F.3d 1214, 1228-29 (Fed. Cir. 2013).

See id. at 1180.

Id. at 1179 (internal quotations and citations omitted).

Id.

Phillips ex rel. Estates of Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); see Fed. R. Civ. P. 26(c).

Beckman Indus., Inc. v. Int'l Ins. Co., 966 F.2d 470, 476 (9th Cir. 1992).

See Kamakana, 447 F.3d at 1179-80.

See Civ. L.R. 79-5(d)(1)(A) ("Reference to a stipulation or protective order that allows a party to designate certain documents as confidential is not sufficient to establish that a document, or portions thereof, are sealable.").

In addition to making particularized showings of good cause, parties moving to seal documents must comply with the procedures established by Civ. L.R. 79-5. Pursuant to Civ. L.R. 79-5(b), a sealing order is appropriate only upon a request that establishes the document is "sealable," or "privileged or protectable as a trade secret or otherwise entitled to protection under the law." "The request must be narrowly tailored to seek sealing only of sealable material, and must conform with Civil L.R. 79-5(d)." "Within 4 days of the filing of the Administrative Motion to File Under Seal, the Designating Party must file a declaration as required by subsection 79-5(d)(1)(A) establishing that all of the designated material is sealable."

Civ. L.R. 79-5(b). In part, Civ. L.R. 79-5(d) requires the submitting party to attach a "proposed order that is narrowly tailored to seal only the sealable material" which "lists in table format each document or portion thereof that is sought to be sealed," Civ. L.R. 79-5(d)(1)(b), and an "unreadacted version of the document" that indicates "by highlighting or other clear method, the portions of the document that have been omitted from the redacted version." Civ. L.R. 79-5(d)(1)(d).

Civ. L.R. 79-5(e)(1). --------

With these standards in mind, the court rules on the instant motion as follows:

Motionto Seal

Document to be Sealed

Result

Reason/Explanation

581-4

Plaintiffs' Opposition to Defendants Motion to Strike In Part the Avago Entities Infringement Contentions

Designations highlighted inyellow SEALED.

Sealed portions narrowly tailored to confidential business information.

581-6

Declaration of Floyd Anderson In Support of Plaintiffs' Opposition

Designations highlighted in yellow SEALED.

Sealed portions narrowly tailored to confidential business information.

581-8

Declaration of Kenneth Pedrotti In Support of Plaintiffs' Opposition

Designations highlighted in yellow SEALED.

Sealed portions narrowly tailored to confidential business information.

581-10/587-1

Exhibit A to Chang Declaration

Only designations highlighted in yellow at Docket No. 587-1 SEALED; remainderUNSEALED.

Only sealed portions narrowly tailored to confidential business information.

581-12/587-2

Exhibit B to Chang Declaration

Only designations highlighted in yellow at Docket No. 587-2 SEALED; remainderUNSEALED.

Only sealed portions narrowly tailored to confidential business information.

581-14/587-3

Exhibit C to Chang Declaration

Only designations highlighted in yellow at Docket No. 587-3 SEALED; remainderUNSEALED.

Only sealed portions narrowly tailored to confidential business information.

581-16

Exhibit D to Chang Declaration

SEALED.

Sealed portions narrowly tailored to confidential business information.

581-18

Exhibit E to Chang Declaration

SEALED.

Sealed portions narrowly tailored to confidential business information.

581-20

Exhibit F to Chang Declaration

SEALED.

Sealed portions narrowly tailored to confidential business information.

581-22

Exhibit G to Chang Declaration

SEALED.

Sealed portions narrowly tailored to confidential business information.

581-24

Exhibit H to Chang Declaration

SEALED.

Sealed portions narrowly tailored to confidential business information.

581-26

Exhibit I to Chang Declaration

SEALED.

Sealed portions narrowly tailored to confidential business information.

581-28

Exhibit W to Chang Declaration

SEALED.

Sealed portions narrowly tailored to confidential business information.

583-4

Plaintiffs' Motion to Amend Infringement Contentions Pursuant to Patent L.R. 3-6

Designations highlighted in yellow SEALED.

Sealed portions narrowly tailored to confidential business information.

583-5/587-4

Exhibit 1 to Chang Declaration

Only designations highlighted in yellow at Docket No. 587-4 SEALED; remainderUNSEALED.

Only sealed portions narrowly tailored to confidential business information.

583-6/587-5

Exhibit 2 to Chang Declaration

Only designations highlighted in yellow at Docket No. 587-5 SEALED; remainderUNSEALED.

Only sealed portions narrowly tailored to confidential business information.

583-7/587-6

Exhibit 3 to Chang Declaration

Only designations highlighted in yellow at Docket No. 587-6 SEALED; remainderUNSEALED.

Only sealed portions narrowly tailored to confidential business information.

583-8/587-7

Exhibit 4 to Chang Declaration

Only designations highlighted in yellow at Docket No. 587-7 SEALED; remainderUNSEALED.

Only sealed portions narrowly tailored to confidential business information.

583-9/587-8

Exhibit 5 to Chang Declaration

Only designations highlighted in yellow at Docket No. 587-8 SEALED; remainderUNSEALED.

Only sealed portions narrowly tailored to confidential business information.

583-10/587-9

Exhibit 6 to Chang Declaration

Only designations highlighted in yellow at Docket No. 587-9 SEALED; remainderUNSEALED.

Only sealed portions narrowly tailored to confidential business information.

583-11/587-10

Exhibit7 to Chang Declaration

Only designations highlighted in yellow at Docket No. 587-10 SEALED; remainderUNSEALED.

Only sealed portions narrowly tailored to confidential business information.

583-12/587-11

Exhibit 8 to Chang Declaration

Only designations highlighted in yellow at Docket No. 587-11 SEALED; remainderUNSEALED.

Only sealed portions narrowly tailored to confidential business information.

583-13/587-12

Exhibit 9 to Chang Declaration

Only designations highlighted in yellow at Docket No. 587-12 SEALED; remainderUNSEALED.

Only sealed portions narrowly tailored to confidential business information.

583-14/587-13

Exhibit 10 to Chang Declaration

Only designations highlighted in yellow at Docket No. 587-13 SEALED; remainderUNSEALED.

Only sealed portions narrowly tailored to confidential business information.

583-15/587-14

Exhibit 11 to Chang Declaration

Only designations highlighted in yellow at Docket No. 587-14 SEALED; remainderUNSEALED.

Only narrowly tailored toconfidential business information.

583-16/587-15

Exhibit 12 to Chang Declaration

Only designations highlighted in yellow at Docket No. 587-15 SEALED; remainderUNSEALED.

Only sealed portions narrowly tailored to confidential business information.

583-17/587-16

Exhibit 13 to Chang Declaration

Only designations highlighted in yellow at Docket No. 587-16 SEALED; remainderUNSEALED.

Only sealed portions narrowly tailored to confidential business information.

583-18/587-17

Exhibit 14 to Chang Declaration

Only designations highlighted in yellow at Docket No. 587-17 SEALED; remainderUNSEALED.

Only narrowly tailored toconfidential business information.

585-3

Defendant's Motion to Strike In Part the Avago Entities' Infringement Contentions

Designations highlighted in green SEALED.

Sealed portions narrowly tailored to confidential business information.

585-4

Exhibit 1 to Brandwajn Declaration

Designations highlighted in yellow SEALED.

Sealed portions narrowly tailored to confidential business information.

585-5

Exhibit 2 to Brandwajn Declaration

Designations highlighted in yellow SEALED.

Sealed portions narrowly tailored to confidential business information.

585-6

Exhibht 2, Ex. A and B to Brandwajn Declaration

Designations highlighted in yellow SEALED.

Sealed portions narrowly tailored to confidential business information.

585-7

Exhibit 3 to Brandwajn Declaration

Designations highlighted in yellow SEALED.

Sealed portions narrowly tailored to confidential business information.

585-8

Exhibit 4 to Brandwajn Declaration

Designations highlighted in yellow SEALED.

Sealed portions narrowly tailored to confidential business information.

585-9

Exhibit 5 to Brandwajn Declaration

Designations highlighted in yellow SEALED.

Sealed portions narrowly tailored to confidential business information.

585-10

Exhibit 6 to Brandwajn Declaration

Designations highlighted in yellow SEALED.

Sealed portions narrowly tailored to confidential business information.

585-11

Exhibit 7 to Brandwajn Declaration

Designations highlighted in yellow SEALED.

Sealed portions narrowly tailored to confidential business information.

585-12

Exhibit 8 to Brandwajn Declaration

Designations highlighted in yellow SEALED.

Sealed portions narrowly tailored to confidential business information.

585-13

Exhibit 9 to Brandwajn Declaration

Designations highlighted in yellow SEALED.

Sealed portions narrowly tailored to confidential business information.

585-14

Exhibit 10 to Brandwajn Declaration

Designations highlighted in yellow SEALED.

Sealed portions narrowly tailored to confidential business information.

585-15

Exhibit 11 to Brandwajn Declaration

Designations highlighted in yellow SEALED.

Sealed portions narrowly tailored to confidential business information.

585-16

Exhibit 12 to Brandwajn Declaration

Designations highlighted in yellow SEALED.

Sealed portions narrowly tailored to confidential business information.

594-4

Declaration of Henning Lysdal in Support of Defendants' Motion to Strike in Part the Avago Entities' Infringement Contentions

Designations highlighted inyellow SEALED.

Sealed portions narrowly tailored to confidential business information.

596-4

Plaintiffs' Motion to Compel the Production of Documents and Things

Designations highlighted in yellow SEALED.

Sealed portions narrowly tailored to confidential business information.

596-6

Exhibit T to Hunacek Declaration

SEALED.

Only sealed portions narrowly tailored to confidential business information.

601-4

Defendants' Opposition to the Avago Entities' Motion to Amend Infringement Contentions Pursuant to Patent L.R. 3-6

Designations highlighted ingreen SEALED.

Sealed portions narrowly tailored to confidential business information.

610-4

Avago's Reply Brief in support of Motion To Amend Infringement Contentions

Designations highlighted in yellow SEALED.

Sealed portions narrowly tailored to confidential business information.

SO ORDERED.

Dated: June 30, 2015

/s/_________

PAUL S. GREWAL

United States Magistrate Judge


Summaries of

Avago Technologies, Inc. v. Iptronics Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Jun 30, 2015
Case No.: 5:10-cv-02863-EJD (N.D. Cal. Jun. 30, 2015)
Case details for

Avago Technologies, Inc. v. Iptronics Inc.

Case Details

Full title:AVAGO TECHNOLOGIES, INC., et al., Plaintiffs, v. IPTRONICS INC., et al.…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Date published: Jun 30, 2015

Citations

Case No.: 5:10-cv-02863-EJD (N.D. Cal. Jun. 30, 2015)