Opinion
18cv1927 JO (MSB)
06-03-2022
WORKPLACE TECHNOLOGIES RESEARCH, INC., Plaintiff, v. PROJECT MANAGEMENT INSTITUTE, INC., Defendant. PROJECT MANAGEMENT INSTITUTE, INC., Counter-Claimant, v. WORKPLACE TECHNOLOGIES RESEARCH, INC., Counter-Defendant.
ORDER ON MOTIONS TO SEAL
JINSOOK OHTA, UNITED STATES DISTRICT JUDGE
Plaintiff Workplace Technologies Research, Inc. (“WTRI”) and Defendant Project Management Institute, Inc. (“PMI”)'s filed a Joint Motion to Seal in connection with the Parties' Motions in Limine and Daubert Motions. (Doc. No. 328). For the reasons set forth below, the Parties' Joint Motion is GRANTED-IN-PART and DENIED-IN-PART.
LEGAL STANDARD
“[T]he courts of this country recognize a general right to inspect and copy public records and documents, including judicial records and documents.” Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 597 (1978). “Unless a particular court record is one ‘traditionally kept secret,' a ‘strong presumption in favor of access' is the starting point.” Kamakana v. City & Cty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (citations omitted). “The presumption of access is ‘based on the need for federal courts, although independent-indeed, particularly because they are independent-to have a measure of accountability and for the public to have confidence in the administration of justice.'” Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096 (9th Cir. 2016) (quoting United States v. Amodeo (Amodeo II), 71 F.3d 1044, 1048 (2d Cir. 1995)).
A party seeking to seal a judicial record bears the burden of overcoming the strong presumption of access. Kamakana, 447 F.3d at 1178 (citing Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003)). The showing required to meet this burden depends upon whether the documents to be sealed relate to a motion that “is more than tangentially related to the merits of the case.” Ctr. for Auto Safety, 809 F.3d at 1101. When the underlying motion is more than tangentially related to the merits, the “compelling reasons” standard applies. Id. at 1097-99. When the underlying motion does not surpass the tangential relevance threshold, the “good cause” standard applies. Id. Nondispositive evidentiary motions-including “routine motions in limine” and Daubert motions may be “strongly correlative to the merits of a case.” Id. at 1099.
The decision to seal documents is “one best left to the sound discretion of the trial court” upon consideration of “the relevant facts and circumstances of the particular case.” Nixon, 435 U.S. at 599
ANALYSIS
Here, the Parties seek to seal three general categories of documents: (1) documents previously ordered sealed by the Court; (2) documents that contain, reference, or discuss non-public business information, including PMI's alleged trade secrets; and (3) “third- party” documents that were marked “CONFIDENTIAL” under the Protective Order. (Doc. No. 328 at 5-9; 19-20).
The Court addresses each category of documents in turn. First, the Court notes that in its prior August 10, 2021 Order, the Court already granted the Parties' request to seal certain documents which: (1) contained, referenced, or discussed non-public business information; and/or (2) contained confidential communications between WTRI and the National Science Foundation (“NSF”). (See Doc. No. 167 at 2-4). The Parties do not point to anything that would call the Court's prior Order into question. The Court, therefore, renews the findings in that Order here.
Second, the Parties request that the Court seal a new set of documents containing non-public information-including customer names, pricing information, and descriptions of PMI's alleged trade secrets. As the Court noted in its prior Order, “[d]ocuments containing commercially sensitive information have been held sealable in this Circuit.” Orthopaedic Hosp. v. Encore Med., L.P., No. 19-CV-970 JLS (AHG), 2021 WL 1966121, at *2 (S.D. Cal. Apr. 12, 2021) (collecting cases); see also Apple Inc. v. Psystar Corp., 658 F.3d 1150, 1162 (9th Cir. 2011) (“The publication of materials that could result in infringement upon trade secrets has long been considered a factor that would overcome [the] strong presumption” in favor of public access to court records); In re Incretin-Based Therapies Prod. Liab. Litig., No. 13MD2452 AJB (MDD), 2021 WL 873290, at *1 (S.D. Cal. Mar. 9, 2021) (“Courts have long acknowledged that the risk of competitive harm through disclosure of confidential and proprietary information warrants maintaining documents under seal, even in light of the general presumption of public access to judicial documents.”).
Here, the Court finds the Parties have sufficiently justified sealing limited portions of the Parties' exhibits that contain such confidential, non-public information. Nevertheless, a number of the Parties' requests are not narrowly tailored “to remove from public view only the material that is protected.” Wasito v. City of San Diego, No. 19-CV-2395 JLS (JLB), at *2 (S.D. Cal. Dec. 16, 2019) (quoting Ervine v. Warden, 214 F. 6 3 18cv1927 JO (MSB) Supp. 3d 917, 919 (E.D. Cal. 2016)). The Court addresses these requests in more detail below.
Third, WTRI seeks to seal certain “third party” documents out of an “abundance of caution.” (Doc. No. 328 at 14). It appears the “third party” documents WTRI is referencing are excerpts from the deposition transcript of Dr. Alicia Sanchez and Misael Labrador. Id. at 8-9. As an initial matter, it is unclear to the Court how these transcripts are “third-party documents” when they are transcripts of depositions taken in this case. Regardless, the Court has addressed WTRI's request-and PMI's response-below.
Finally, the Court notes numerous documents were lodged for sealing that: (1) the Parties did not address; (2) the Parties do not now oppose to publicly filing; and/or (3) were already publicly filed on the docket. Given the lack of opposition, the Court will order these documents to be publicly filed, to the extent they have not been already.
The Parties' conduct resulted in the Court reviewing and addressing documents that should not have been lodged for sealing. The Parties are admonished such conduct wastes judicial resources and should be avoided in future litigation.
The Court has considered and ruled on each of the exhibits the Parties designated for sealing as set forth in the following table:
Document
Portions
Order
Expert Rebuttal Report of Clark Aldrich (Patino Decl., Ex. 1) (Doc. No. 252-2)
Section F.a
GRANTED. Previously sealed pursuant to the Court's August 10, 2021 Order.
Expert Report of Mickey A. Ferri, Ph.D. (Patino Decl., Ex. 2) (Doc. No. 252-3)
Page 61, footnote 339; Page 85, | 105(e)
GRANTED. Previously sealed pursuant to the Court's August 10, 2021 Order.
Expert Report of Carlyn Irwin (Patino Decl., Ex. 4) (Doc. No. 252-4)
Page 20, footnote 80; Page 27, ¶ 63, first sentence that cites to footnote 111.
GRANTED. Previously sealed pursuant to the Court's August 10, 2021 Order.
Expert Report of Dr. Ricardo Valerdi (Patino Decl., Ex. 6) (Doc. No. 252-5)
¶¶ 78, 81
GRANTED. Previously sealed pursuant to the Court's August 10, 2021 Order.
Excerpts from the Deposition Transcript of Jeremiah Stepan (Patino Decl., Ex. 12) (Doc. No. 252-6)
195:19-204:22; 295:18-300:25; 305:1-312:25; 325:1-326:1
GRANTED. Previously sealed pursuant to the Court's August 10, 2021 Order.
Excerpts from the Deposition Transcript of Ricardo Valerdi (Patino Decl., Ex. 13) (Doc. No. 252-7)
99:10-109:12; 185:7-188:25; 241:13-248:25
GRANTED. Previously sealed pursuant to the Court's August 10, 2021 Order.
Excerpts from the Deposition Transcript of Chris Mancus (Patino Decl., Ex. 16) (Doc. No. 252-8)
74:11-79:20; 97:3-104:2; 153:1-155:25
GRANTED. Previously sealed pursuant to the Court's August 10, 2021 Order.
Document produced by PMI in this litigation bearing Bates numbers PMI00017273-PMI00017304 (Patino Decl., Ex. 18) (Doc. No. 252-9)
Entirety
In view of PMI's NonOpposition, this document is ORDERED to be filed publicly.
Excerpts from the Deposition Transcript of Alicia Sanchez (Patino Decl., Ex. 19) (Doc. No. 252-10)
191:8-200:21
GRANTED-IN-PART and DENIED-IN-PART. PMI seeks to seal 191:8200:21, because this portion of the transcript purportedly “explain[s] how PMI's trade secret technology works.” (Doc. No. 328-1 at 2). PMI's request is GRANTED as to 191:8-194:21; 196:1415; 198:6-198:17; 199:16200:21. It is DENIED as to the remainder of this request, which is not an explanation of how PMI's trade secrets work but reflects testimony as to whether the witness would characterize PMI's “Flows” as confidential information, when these Flows were developed, how they were stored, and who had access to them. PMI has provided no reason why these portions of the deposition transcript should be sealed.
Document produced by PMI in this litigation bearing Bates numbers PMI00017336-PMI00017345 (Patino Decl., Ex. 22) (Doc. No. 252-11)
In view of PMI's NonOpposition, this document is ORDERED to be filed publicly.
Excerpts from the Deposition Transcript of Misael Labrador (Patino Decl., Ex. 23) (Doc. No. 252-12)
37:1-38:3
GRANTED
WTRI's Motion to Exclude/Strike (Doc. No. 2521)
Page 14, footnote 4; page 19, lines 27-28; page 23, lines 8-9; page 24, lines 15-16; page 25, lines 11-12
GRANTED-IN-PART and DENIED-IN-PART. The Parties' request is GRANTED with respect to page 19, lines 27-28, page 23, lines 8-9, page 24, lines 15-16, and page 25, lines 11-12. It is DENIED with respect to Page 14, footnote 4. Although these sentences cite to materials previously sealed by the Court, the discussion in the footnote itself is directed as to which entity was responsible for a Web Portal. The Court's prior concern with the confidentiality of these materials had to do with the content of the source code- rather than whether PMI, WTRI, or a third-party was responsible for creating the Web Portal.
WTRI's Motions in Limine (Doc. No. 252)
Page 13, footnote 8; page 20, lines 20-26; page 22, lines 19-20; page 22, lines 26-27; page 23, lines 1-2; page 23, lines 5-6
GRANTED-IN-PART and DENIED-IN-PART. GRANTED as to Page 13, footnote 8 and Page 22, lines 26-27. DENIED with respect to the remainder of the sealing request. Neither Party has provided any reason why the remaining identified excerpts should be sealed.
Document bearing Bates numbers WTRI00000051-WTRI00000071 (McMeans Decl., Ex. A) (Doc. No. 254-3 at 2-23).
In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly.
Document bearing Bates number WTRI00013019 (McMeans Decl., Ex. B) (Doc. No. 254-3 at 24-25).
In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly.
Document bearing Bates number WTRI00029242 (McMeans Decl., Ex. C) (Doc. No. 254-3 at 26-27).
In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly.
Document bearing Bates numbers WTRI00058255-WTRI00058275 (McMeans Decl., Ex. D) (Doc. No. 254-3 at 28-49).
In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly.
Document bearing Bates numbers WTRI00095039-WTRI00095076 (McMeans Decl., Ex. E) (Doc. No. 254-3 at 50-88).
In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly.
PMI's Notice of Motion/Motion in Limine No. 8 (Doc. Nos. 254, 254-1)
In view of the Parties' NonOpposition, these documents are ORDERED to be filed publicly.
Declaration of Hannah McMeans in Support of PMI's Motion in Limine No. 8 (Doc. No. 254-2)
Despite the fact this document was lodged for sealing, no Party has provided any reason for why it should be sealed. For these reasons, this document is ORDERED to be filed publicly.
Excerpts from the 9/28/2020 deposition transcript of Dr. DiBello (Horak Decl., Ex. A) (Doc. No. 257-1)
85:25; 86:2; 251:3
GRANTED
Excerpts from LaMotta expert report (Horak Decl., Ex. B) (Doc. No. 257-2)
In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly.
Excerpts from the 4/27/2021 deposition transcript of Mr. LaMotta (Horak Decl., Ex. C) (Doc. No. 257-3)
In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly.
PMI's Motion in Limine No. 1 (Doc. No. 257)
In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly.
Excerpts from the 9/28/2020 deposition transcript of Dr. DiBello (Horak Decl., Ex. B) (Doc. No. 264-1)
121:13; 121:15; 122:6; 128:3; 131:10; 226:10; 226:22
GRANTED
Excerpts from the 9/29/2020 deposition transcript of Dr. Lehmann (Horak Decl., Ex. C) (Doc. No. 264-2)
In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly.
Excerpts from LaMotta expert report (Horak Decl., Ex. D) (Doc. No. 264-3)
In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly.
Excerpts from the 4/27/2021 deposition transcript of Mr. LaMotta (Horak Decl., Ex. E) (Doc. No. 264-4)
In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly.
Excerpts from 11/24/2021 Joint Proposed Pretrial Conference Order (Horak Decl., Ex. F) (Doc. No. 264-5)
In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly.
Document bearing Bates number WTRI00098477 (Horak Decl., Ex. H) (Doc. No. 264-6)
In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly.
PMI's Motion in Limine No. 4 (Doc. No. 264)
In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly.
Excerpts from LaMotta expert report (Horak Decl., Ex. A) (Doc. No. 268-1)
¶¶ 82; 91-93; 95 96
GRANTED. Previously sealed pursuant to the Court's August 10, 2021 Order.
Excerpts from the 4/27/2021 deposition transcript of Mr. LaMotta (Horak Decl., Ex. B) (Doc. No. 268-2)
283:9-14; 284:912; 284:16-21; 284:25-285:19; 286:1; 287:22
GRANTED.
Document bearing Bates number WTRI00041351 (Horak Decl., Ex. C) (Doc. No. 268-3)
WTRI00041351
GRANTED-IN-PART and DENIED-IN-PART.
| WTRI's request to seal the entirety of this page because it “identifies customers” is not narrowly tailored. WTRI is instead DIRECTED to publicly re-file this document with specific customer names redacted. | ||
| Document bearing Bates number WTRI00094198 (Horak Decl., Ex. D) (Doc. No. 268-4) | Entirety | GRANTED-IN-PART and DENIED-IN-PART. WTRI's request to seal the entirety of this document because it “identifies potential customers” is not narrowly tailored. WTRI is instead DIRECTED to publicly re-file this document with specific customer names redacted. |
| Document bearing Bates number WTRI00141333 (Horak Decl., Ex. E) (Doc. No. 268-5) | Entirety | GRANTED-IN-PART and DENIED-IN-PART. WTRI's request to seal the entirety of this document because it “identifies potential customers” is not narrowly tailored. WTRI is instead DIRECTED to publicly re-file this document with specific customer names redacted. |
| Document bearing Bates | February 22, 2018 | GRANTED-IN-PART and |
| number WTRI00448157 | | DENIED-IN-PART. |
| (Horak Decl., Ex. F) (Doc. No. 268-6) | (WTRI00448158- WTRI00448160) | WTRI's request to seal the entirety of the February 22, 2018 e-mail, because it “identifies customers” is not narrowly tailored. WTRI is instead DIRECTED to publicly re-file this document with specific customer names redacted. |
| PMI's Motion in Limine No. 2 (Doc. No. 268) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| Excerpts from the 9/28/2020 deposition transcript of Dr. DiBello (Horak Decl., Ex. C) (Doc. No. 273-1) | 251:3; 255:3 | GRANTED |
| Excerpts from LaMotta expert report (Horak Decl., Ex. D) (Doc. No. 273-2) | ¶¶ 79; 82; 91-93; 95-96;102; Footnote 192; ¶ 103 | GRANTED. Previously sealed pursuant to the Court's August 10, 2021 Order. |
| Excerpts from the 4/27/2021 deposition transcript of Mr. LaMotta (Horak Decl., Ex. E) (Doc. No. 273-3) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| Excerpts from Irwin expert report (Horak Decl., Ex. F) (Doc. No. 273-4) | Entirety | GRANTED-IN-PART and DENIED-IN-PART. WTRI's request to seal the entirety of this exhibit, which includes numerous pages of non-confidential information, including a table of contents, is not narrowly tailored. |
11.
| WTRI is instead DIRECTED to publicly re-file this document with specific customer names and pricing information redacted. | ||
| Document identified by Bates number WTRI00448657 | Entirety | This document was not lodged on the docket. Accordingly, the court takes no position as to whether it can properly be sealed in its entirety. |
| PMI's Motion in Limine No. 5 (Doc. No. 273) | Page 6, lines 18 and 20 | GRANTED. |
| Index of Exhibits ISO PMI's Motion in Limine No. 9 (Doc. No. 278) | Despite the fact this document was lodged for sealing, no Party has provided any reason for why it should be sealed. For these reasons, this document is ORDERED to be filed publicly. | |
| Excerpts from the 9/28/2020 deposition transcript of Dr. DiBello (Bakewell Decl., Ex. A) (Doc. No. 278-1) | 121:13; 121:15; 122:6; 128:3 | GRANTED. |
| Excerpts from the 10/6/2020 deposition transcript of Dr. DiBello (Bakewell Decl., Ex. B) (Doc. No. 278-2) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| Excerpts from the 9/25/2020 deposition transcript of Mr. Chamberlain (Bakewell Decl., Ex. C) (Doc. No. 278-3) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| Excerpts from the 4/27/2021 deposition transcript of Mr. LaMotta (Bakewell Decl., Ex. D) (Doc. No. 278-4) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| Excerpts from LaMotta expert report (Bakewell Decl., Ex. E)(Doc. No. 278-5) | ¶¶ 113, 114 | GRANTED. Previously sealed pursuant to the Court's August 10, 2021 Order. |
| Excerpts from the deposition transcript of Dr. Lehmann Bakewell Decl., Ex. F) (Doc. No. 278-6) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| PMI's Motion in Limine No. 9 (Doc. No. 277) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| Declaration of EJB ISO PMI's Motion in Limine No. 9 (Doc. Nos. 277-1) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| E-mail chain between Matthew Busch, Justin Gray, Eric Bakewell and Hannah McMeans dated August 25-31, 2020 (McMeans Decl., Ex. A) (Doc. No. 281-4) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| Declaration of Matthew J. Busch in Support of PMI's Ex Parte Application to Extend the Deadline to Serve Written Discovery Requests (McMeans Decl., Ex. B) (Doc. No. 281-5) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| Excerpts from the 10/1/2020 deposition transcript of Mr. Rossi (McMeans Decl., Ex. C) (Doc. No. 281-6) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| Excerpts from the 10/2/2020 deposition transcript of Mr. Burke (McMeans Decl., Ex. D) (Doc. No. 281-7) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| Excerpts from the 3/11/2021 deposition transcript of Mr. Mancus (McMeans Decl., Ex.E) (Doc. No. 281-8) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. |
| Excerpts from the expert report of Mr. Ferrara (McMeans Decl., Ex. F) (Doc. No. 281-9) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| Excerpts from the supplemental expert report of Mr. Ferrara (McMeans Decl., Ex. G) (Doc. No. 281-10) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| Excerpts from the expert report of Dr. Greenspun (McMeans Decl., Ex. H) (Doc. No. 28111) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| Excerpts from the second supplemental expert report of Dr. Greenspun (McMeans Decl., Ex. I) (Doc. No. 281-12) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| WTRI's 30(b)(6) Notice of Deposition of PMI dated 9/8/2020 (McMeans Decl., Ex. J) (Doc. No. 281-13) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| WTRI's 30(b)(6) Notice of Deposition of PMI dated 2/1/2021 (McMeans Decl., Ex. K) (Doc. No. 281-14) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| PMI's Notice of Motion in Limine No. 6/Motion in Limine No. 6 (Doc. No. 281, 281-1) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| Declaration of Hannah McMeans in support of PMI's Motion in Limine No. 6 (Doc. No. 281-2) | Despite the fact this document was lodged for sealing, no Party has provided any reason for why it should be sealed. For these reasons, this document is ORDERED to be filed publicly. |
| Excerpts from the 4/28/2021 deposition transcript of Mr. Ferrara (Yu Decl., Ex. A) (Doc. No. 288-2 at 1-22) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| Excerpts from the 5/3/2021 deposition transcript of Dr. Greenspun (Yu Decl., Ex. B) (Doc. No. 288-2 at 23-50) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| Excerpts from the 4/7/2021 expert report of Mr. Ferrara (Yu Decl., Ex. C) (Doc. No. 288-2 at 51-62) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| Excerpts from the 4/7/2021 expert report of Dr. Greenspun (Yu Decl., Ex. D) (Doc. No. 288-2 at 63-73) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| Excerpts from the 12/11/2020 expert report of Mr. LaMotta (Yu Decl., Ex. E) (Doc. No. 288-2 at 74-86) | ¶¶ 79; 82; 91-93; 95-96;102; Footnote 192; ¶ 103, 105 | GRANTED. Previously sealed pursuant to the Court's August 10, 2021 Order. |
| Excerpts from the 4/27/2021 deposition transcript of Mr. LaMotta (Yu Decl., Ex. F) (Doc. No. 288-2 at 87-126) | 268:16-19; 284:912; 284:16-21; 284:25-285:19 | GRANTED. Previously sealed pursuant to the Court's August 10, 2021 Order. |
| Excerpts from the 4/7/2021 expert report of Dr. Surati (Yu Decl., Ex. G) (Doc. No. 288-2 at 127-136) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| Excerpts from the 4/23/2021 deposition transcript of Dr. Surati (Yu Decl., Ex. H) (Doc. No. 288-2 at 137-175) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| Excerpts from 12/11/2020 expert report of Dr. Raisinghani (Yu Decl., Ex. I) (Doc. No. 288-2 at 176-181) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. |
| Excerpts from 4/7/2021 expert report of Dr. Raisinghani (Yu Decl., Ex. J) (Doc. No. 288-2 at 182-219) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| Excerpts from 4/20/2021 deposition of Dr. Raisinghani (Yu Decl., Ex. K) (Doc. No. 288-2 at 220-240) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| PMI's Daubert Motion (Doc. No. 288) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| Index of Exhibits ISO PMI's Daubert Motion (Doc. No. 288-1) | Despite the fact this document was lodged for sealing, no Party has provided any reason for why it should be sealed. For these reasons, this document is ORDERED to be filed publicly. | |
| WTRI's Opposition to PMI's MILs (Doc. No. 295) | Despite the fact this document was lodged for sealing, no Party has provided any reason for why it should be sealed. For these reasons, this document is ORDERED to be filed publicly. | |
| Excerpts from the 9/30/2020 deposition transcript of Mr. Weiss (Patino Decl., Ex. 1) (Doc. No. 295-1) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| Index of Exhibits to Bakewell Declaration (Doc. No. 297) | Despite the fact this document was lodged for sealing, no Party has provided any reason for why it should be sealed. For these reasons, this document is ORDERED to be filed publicly. |
| Document bearing Bates numbers N0004413-N0004415 (Bakewell Decl., Ex. A) (Doc. No. 297-1) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| KMS Technology Webpage (Bakewell Decl., Ex. B) (Doc. No. 297-2) | Despite the fact this document was lodged for sealing, no Party has provided any reason for why it should be sealed. For these reasons, this document is ORDERED to be filed publicly. | |
| Excerpts from the 10/2/2020 deposition transcript of Ms. Holloway (Bakewell Decl., Ex. C) (Doc. No. 297-3) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| Excerpts from the 9/28/2020 deposition transcript of Dr. DiBello (Bakewell Decl., Ex. D) (Doc. No. 297-4) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| Document bearing Bates numbers WTRI00031171-WTRI00031179 (Bakewell Decl., Ex. E) (Doc. No. 297-5) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| Document bearing Bates numbers WTRI00114404-WTRI00114413 (Bakewell Decl., Ex. F) (Doc. No. 297-6) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| WTRI webpage last accessed on April 19, 2022 (Bakewell Decl., Ex. G) (Doc. No. 297-7) | Despite the fact this document was lodged for sealing, no Party has provided any reason for why it should be sealed. For these reasons, this document is ORDERED to be filed publicly. | |
| WTRI webpage last accessed on April 19, 2022 (Bakewell Decl., Ex. H) (Doc. No. 297-8) | Despite the fact this document was lodged for sealing, no Party has provided any reason for why it should be sealed. For these reasons, this document is ORDERED to be filed publicly. |
| Document bearing Bates numbers PMI00091993-PMI00091994 (Bakewell Decl., Ex. I) (Doc. No. 297-5) (Doc. No. 297-9) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| Document bearing Bates numbers PMI00180159- PMI00180162 (Bakewell Decl., Ex. J) (Doc. No. 297-10) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| Document bearing Bates numbers PMI00203097-PMI00203098 (Bakewell Decl., Ex. K) (Doc. No. 29711) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| Excerpts from the 9/30/2020 deposition transcript of Mr. Weiss (Bakewell Decl., Ex. L) (Doc. No. 297-12) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| Email dated November 23, 2021 with Subject “Re: WTRI v. PMI: PMI's Witness List and Deposition Requests” (Bakewell Decl., Ex. M) (Doc. No. 297-13) | Despite the fact this document was lodged for sealing, no Party has provided any reason for why it should be sealed. For these reasons, this document is ORDERED to be filed publicly. | |
| Index of Exhibits to Sardina Declaration (Doc. No. 297-14) | Despite the fact this document was lodged for sealing, no Party has provided any reason for why it should be sealed. For these reasons, this document is ORDERED to be filed publicly. | |
| Document bearing Bates numbers PMI0007273-PMI00017304 (Sardina Decl., Ex. A) (Doc. No. 297-15) | In view of the Parties' Non-Opposition, this document is ORDERED to be filed publicly. |
| Document bearing Bates number PMI00581150 (Sardina Decl., Ex. B) (Doc. No. 29716) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| PMI's Opposition to WTRI's Motions in Limine (Doc. No. 298) | This document was already filed publicly. | |
| Excerpts from the 12/11/2020 expert report of Ms. Irwin (Bakewell Decl., Ex. A) (Doc. No. 300-3) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| Excerpts from the 4/29/2021 deposition transcript of Ms. Irwin (Bakewell Decl., Ex. B) (Doc. No. 300-4) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| Excerpts from the 12/11/2020 expert report of Mr. Stepan (Bakewell Decl., Ex. C) (Doc. No. 300-5) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| Excerpts from the 5/6/2021 deposition transcript of Mr. Stepan (Bakewell Decl., Ex. D) (Doc. No. 300-6) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| Excerpts from the 12/11/2020 expert report of Dr. Ferri (Bakewell Decl., Ex. E) (Doc. No. 300-7) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| Excerpts from the 12/11/2020 expert report of Dr. Raisinghani (Bakewell Decl., Ex. F) (Doc. No. 300-8) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| Excerpts from the 9/28/2020 deposition transcript of Dr. DiBello (Bakewell Decl., Ex. G) (Doc. No. 300-9) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. |
| Excerpts from 10/2/2020 deposition transcript of Jesse Sardina (Bakewell Decl., Ex. H) (Doc. No. 300-10) | Despite the fact this document was lodged for sealing, no Party has provided any reason for why it should be sealed. For these reasons, this document is ORDERED to be filed publicly. | |
| Excerpts from the 9/29/2020 deposition transcript of Ms. Redden (Bakewell Decl., Ex. I) (Doc. No. 300-11) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| Excerpts from 9/25/2020 deposition transcript of Sterling Chamberlain (Bakewell Decl., Ex. J) (Doc. No. 300-12) | Despite the fact this document was lodged for sealing, no Party has provided any reason for why it should be sealed. For these reasons, this document is ORDERED to be filed publicly. | |
| Excerpts from the 10/1/2020 deposition transcript of Mr. Rossi (Bakewell Decl., Ex. K) (Doc. No. 300-13) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| Excerpts from the 9/23/2020 deposition transcript of Mr. Carter-Bey (Bakewell Decl., Ex. L) (Doc. No. 300-14) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| Declaration from Mr. Aldrich dated 8/16/2021 (with exhibits) (Bakewell Decl., Ex. M) (Doc. No. 300-15) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| Declaration from Dr. Valerdi dated 8/16/2021 (with exhibits) (Bakewell Decl., Ex. N) (Doc. No. 300-16) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. |
| Declaration from Mr. Fincher dated 8/16/2021 (with exhibits) (Bakewell Decl., Ex. O) (Doc. No. 300-17) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| PMI's Opposition to WTRI's Daubert Motion (Doc. No. 300) | In view of the Parties' NonOpposition, this document is ORDERED to be filed publicly. | |
| Evidentiary Objections (Doc. No. 300-1) | Despite the fact this document was lodged for sealing, no Party has provided any reason for why it should be sealed. For these reasons, this document is ORDERED to be filed publicly. | |
| Index of Exhibits (Doc. No. 300-2) | Despite the fact this document was lodged for sealing, no Party has provided any reason for why it should be sealed. For these reasons, this document is ORDERED to be filed publicly. | |
| PMI's Reply In Support Of MIL No. 5 (Doc. No. 319) | Page 5, lines 2-4; Pages 7-8, Footnote 2 | GRANTED |
In light of the foregoing, the Court GRANTS IN PART and DENIES IN PART the Parties' Joint Motion to Seal. Within thirty days of the electronic docketing of this Order:
1. To the extent they have not already, the Parties are ORDERED to publicly file all content not covered by this Order. The Parties' filings should clearly identify each document, and which document it replaces.
2. The Clerk of Court shall FILE the currently lodged documents under seal: Doc. Nos. 252-2; 252-3; 252-4; 252-5; 252-6; 252-7; 252-8; 252-10; 252-12; 252-1; 252; 257-1; 264-1; 268-1; 268-2; 268-3; 268-4; 268-5; 268-6; 273-1; 273-2; 273-4; 273; 2781; 278-5; 288-2; 319.
IT IS SO ORDERED.