Fortinet, Inc. v. Trend Micro Incorporated

Full title: FORTINET, INC., a Delaware corporation, Plaintiff, v. TREND MICRO…

Court: United States District Court, N.D. California, San Francisco Division

Date published: Mar 31, 2010

Civil Case No.: CV 10-0048 MMC (N.D. Cal. Mar. 31, 2010)

Opinion

Civil Case No.: CV 10-0048 MMC.

March 31, 2010

ROBERT D. FRAM (State Bar No. 126750), SONYA D. WINNER (State Bar No. 200348), COVINGTON BURLING LLP, San Francisco, California.

ANDREW C. BYRNES (State Bar No. 191516), COVINGTON BURLING LLP, Redwood Shores, CA, Attorneys for Defendants, TREND MICRO INCORPORATED, a California corporation, TREND MICRO INCORPORATED, a Japanese corporation, and TREND MICRO INCORPORATED, a Taiwanese corporation.

[PROPOSED] ORDER GRANTING DEFENDANTS' ADMINISTRATIVE MOTION TO FILE UNDER SEAL (1) PORTIONS OF REPLY MEMORANDUM IN SUPPORT OF MOTION TO DISMISS AND (2) EXHIBIT B TO SUPPLEMENTAL DECLARATION OF ANDREW C. BYRNES IN SUPPORT OF MOTION TO DISMISS [Submitted in connection with Defendants' Reply in Support of Motion to Dismiss Complaint Pursuant to Rule 12(b)(1)]

MAXINE CHESNEY, District JudgePage 2

Upon consideration of Defendants Trend Micro Incorporated, a California corporation, Trend Micro Incorporated, a Japanese corporation, and Trend Micro Incorporated, a Taiwanese corporation (collectively "Trend Micro") Administrative Motion for Leave to File Under Seal (1) portions of Trend Micro's Reply Memorandum in support of Defendants' Motion to Dismiss Fortinet's Complaint, and (2) Exhibit B to the Supplemental Declaration of Andrew C. Byrnes in support of Defendants' Motion to Dismiss Fortinet's Complaint ("Supplemental Byrnes Declaration").

IT IS HEREBY ORDERED that Defendants' Administrative Motion is GRANTED. Accordingly, the following portions of Trend Micro's Reply Memorandum shall be filed under seal:

(a). 8:2 (from "does" through "customers")

(b). 8:16-18, second column (from "Trend" through "protected");

(c). 8:19-20, second column (from "Trend" to "customers");

(d). 8:21-22, second column (from "Trend" to "infringement");

(e). 8:23-24, second column (from "By" to "covenant");

(f). 9:1-2, second column (from "it" to "business").

Exhibit B to the Supplemental Byrnes Declaration shall be filed under seal in its entirety. unredacted form.

Defendants are DIRECTED to file in the public record, no later than April 5, 2010, a redacted version of Exhibit B to the Supplemental Byrnes Declaration. (See Case No. 08-5371, Document No. 92.)

IT IS SO ORDERED.