Tessera, Inc. v. Advanced Micro Devices, Inc. et al

Filing 1074

ORDER by Judge Claudia Wilken GRANTING ( 1056 , 1064 ) MOTIONS TO FILE UNDER SEAL. (ndr, COURT STAFF) (Filed on 8/31/2012)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 TESSERA, INC., 5 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 Plaintiff, v. ADVANCED MICRO DEVICES, INC.; SPANSION, LLC; SPANSION, INC.; SPANSION TECHNOLOGY, INC.; ADVANCED SEMICONDUCTOR ENGINEERING, INC.; ASE (U.S.), INC.; CHIPMOS TECHNOLOGIES, INC.; CHIPMOS U.S.A., INC.; SILICONWARE PRECISION INDUSTRIES CO., LTD.; SILICONWARE USA, INC.; STMICROELECTRONICS N.V.; STMICROELECTRONICS, INC.; STATS CHIPPAC, INC.; STATS CHIPPAC (BVI), INC.; and STATS CHIPPAC, LTD., No. C 05-4063 CW ORDER GRANTING MOTIONS TO FILE UNDER SEAL (Docket Nos. 1056 and 1064) Defendants. ________________________________/ Defendants STMicroelectronics, Inc. and STMicroelectronics 17 N.V. (collectively, the ST Defendants) move to file under seal 18 their unredacted reply in support of their motion for partial 19 summary judgment regarding patent exhaustion (Docket No. 1064). 20 Plaintiff Tessera, Inc. moves to seal its unredacted opposition to 21 the ST Defendants’ motion for partial summary judgment and to 22 various Defendants’ motion for summary judgment (Docket No. 1056). 23 The parties represent that they seek to seal the portions of their 24 briefs that refer to and quote the license agreement entered into 25 by Tessera, Inc. and third-party Motorola, Inc. The Court 26 previously granted the parties’ request to file the license 27 agreement under seal, as well as the portions of Defendants’ 28 1 opening brief for summary judgment that referred to and quoted the 2 license agreement. 3 parties have already filed redacted versions of their briefs in 4 the public record. 5 Docket No. 1034. The Court notes that the See Docket Nos. 1057 and 1065. The parties seek to seal records connected to a dispositive motion. 7 who has designated them as confidential “must overcome a strong 8 presumption of access by showing that ‘compelling reasons 9 supported by specific factual findings . . . outweigh the general 10 United States District Court For the Northern District of California 6 history of access and the public policies favoring disclosure.’” 11 Pintos v. Pac. Creditors Ass’n, 605 F.3d 665, 679 (9th Cir. 2010) 12 (citation omitted). 13 stringent “good cause” standard is applied to sealed discovery 14 documents attached to non-dispositive motions). 15 established simply by showing that the document is subject to a 16 protective order or by stating in general terms that the material 17 is considered to be confidential, but rather must be supported by 18 a sworn declaration demonstrating with particularity the need to 19 file each document under seal. To establish that the documents are sealable, the party Cf. id. at 678 (explaining that a less This cannot be Civil Local Rule 79-5(a). 20 21 22 23 24 25 26 27 28 2 1 Having reviewed the briefs and the parties’ declarations in 2 support of their motions to seal, the Court concludes that they 3 have established that the references to the license agreement in 4 the memoranda are sealable. 5 under seal are GRANTED (Docket No. 1056 and 1064). 6 days of the date of this Order, the parties shall electronically 7 file under seal their unredacted briefs. 8 Accordingly, their motions to file Within three IT IS SO ORDERED. 9 United States District Court For the Northern District of California 10 11 Dated: 8/31/2012 CLAUDIA WILKEN United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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