Opinion
Case No. C 03-05665 MHP.
May 13, 2005
Henry C. Bunsow (SBN 60707), K.T. Cherian (SBN 133967), Scott Wales (SBN 179804), Jaclyn C. Fink (SBN 217913), HOWREY SIMON ARNOLD WHITE, LLP, San Francisco, California, Attorneys for Plaintiff NETWORK APPLIANCE, INC.
MISCELLANEOUS ADMINISTRATIVE REQUEST TO FILE DOCUMENTS UNDER SEAL PURSUANT TO LOCAL RULE 79-5 AND 7-10(b) AND PROPOSED ORDER
Plaintiff Network Appliance, Inc., through its counsel, hereby requests the Court to file under seal the following documents:
1. Supplemental Declaration Of Dr. Philip Faillace In Support Of Network Appliance, Inc.'s Motion For Summary Adjudication Of Infringement Of Claims 1 And 7 Of U.S. Patent No. 6,065,037 And In Opposition To Motions For Summary Adjudication Of Non-Infringement Of The '037 Patent And The Means-Plus-Function Claims Of The '366 And '918 Patents and Exhibits 3 and 4 attached thereto; and
2. Exhibits 29-43, 47-48, 53-57, 59-69 to the Supplemental Declaration Of Anthony S. Kim In Support Of Network Appliance, Inc.'s Motion For Summary Adjudication Of Infringement Of Claims 1 And 7 Of U.S. Patent No. 6,065,037 And In Opposition To Motions For Summary Adjudication Of Non-Infringement Of The '037 Patent And The Means-Plus-Function Claims Of The '366 And '918 Patents.
It is necessary and appropriate to file these documents under seal in that reference is made throughout the supplemental declaration of Dr. Phil Faillace and exhibits attached thereto to trade secret information and/or documents that have been designated by Defendants as "Highly Confidential." The exhibits attached to the Supplemental Kim Declaration have been also been designated "Highly Confidential" or reference trade secret information. It is not practical to remove the confidential information from the declaration or exhibits and make it meaningful.
IT IS SO ORDERED.