Opinion
Civil Case No.: CV 08-05371 MMC.
February 27, 2009
ROBERT D. FRAM (State Bar No. 126750), COVINGTON BURLING LLP, San Francisco, California.
JO DALE CAROTHERS (State Bar No. 228703), COVINGTON BURLING LLP, San Diego, CA, Attorneys for Defendant, TREND MICRO INCORPORATED.
Upon consideration of Defendant Trend Micro Incorporated's Administrative Motion for Leave to File Under Seal Portions of its Memorandum of Points and Authorities in support of its Motion to Dismiss the First Amended Complaint ("Memorandum of Points and Authorities") and the Declaration of Michael M. Markman in support thereof ("Markman Declaration") and exhibits thereto, and good cause appearing as described in the accompanying declaration of Derek Knerr, Defendant's Administrative Motion IS GRANTED.
The following portions of the documents and exhibits submitted by Trend Micro in connection with its Motion to Dismiss, which quote or otherwise discuss the substantive terms of a confidential settlement agreement between Trend Micro and Plaintiff Fortinet, Inc. shall be filed under seal:
Memorandum of Points and Authorities :
Markman Declaration:
(a). 2:27-3:3 (from "The Settlement Agreement . . ." through end of paragraph);
(b). 3:4-3:5 (from "All . . ." through ". . . Patents.'");
(c). 3:10-11 (from "They were . . ." through end of sentence);
(d). 3:17-19 (from "in an . . ." through end of sentence);
(e). 4:6-7 (from "to avoid . . ." through end of sentence);
(f). 4: 9 (last three words of sentence beginning "No case or controversy . . .");
(g). 5:20-21 (from "and related . . ." through end of sentence);
(h). 5:22-6:10 (from "(describing . . ." through citation ending "at § 6.4", including footnotes embedded within section);
(i). 6:12 (from "for a" through "period");
(j). 6:12-15 (from "Under the . . ." through citation ending "at ¶ 36", including footnote embedded within section);
(k). 8:2-23 (from "On November . . ." through citation ending "Markman Decl. Ex. 8");
(l). 8:26-9:2 (section heading, and text from "The broad . . ." through end of paragraph);
(m). 9:9-19 (from "Not only . . ." through end of paragraph);
(n). 9:20-22 (from "As explained . . ." through end of sentence);
(o). 10:10-15 (section headings, and text from "Fortinet's first . . ." through citation ending "at ¶ 6.2");
(p). 10:16-18 (from "so that Fortinet . . ." through citation ending at "at ¶¶ 46-55");
(q). 10:20-21 (from "These are . . ." through end of sentence);
(r). 11:6-11 (from "Nothing in . . ." ". . . that ground here.");
(s) 11:13-15 (from "Broad . . ." through end of sentence);
(t). 12:25-27 (from "Again, Fortinet . . ." through end of sentence);
(u). 13:9-10 (from "The claim . . ." through end of sentence);
(v). 14:1-2 (from "That claim . . ." through end of paragraph);
(w). 14:4, 14:6-7, 14:9-24 (section headings, and text from "in an effort" through end of sentence and subsections 3.a and 3.b, to citation ending at "Exs. 6, 9");
(x). 14:26-15:24 (from "The agreement . . ." through ". . . future claims" including embedded footnote);
(y). 16:1-2 (from "This policy . . ." through end of sentence);
(z). 20:13 (the two words between "binding" and "covenant");
(aa). 20:20-28 (from "Specifically . . ." through end of paragraph, including embedded footnote);Exhibit 1 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 : (bb). Confidential Settlement Agreement; : (cc). December 9, 2008 letter of Todd Nelson; (dd). ¶ 7; (ee). 2:18-24 (first three sentences of ¶ 8, from "On January 27 . . ." through ". . . that Agreement."); : (ff). January 27, 2009 letter of Robert Fram; (gg). 3:1-4 (first sentence of ¶ 9, from "On February 3 . . ." through ". . . unenforceable.") : (hh). February 3, 2009 email of Robert Lerner; : (ii). February 3, 2009 letter of Stefani Shanberg. IT IS SO ORDERED.