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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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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TESSERA, INC.,
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United States District Court
For the Northern District of California
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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.
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Defendants STMicroelectronics, Inc. and STMicroelectronics
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N.V. (collectively, the ST Defendants) move to file under seal
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their unredacted reply in support of their motion for partial
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summary judgment regarding patent exhaustion (Docket No. 1064).
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Plaintiff Tessera, Inc. moves to seal its unredacted opposition to
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the ST Defendants’ motion for partial summary judgment and to
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various Defendants’ motion for summary judgment (Docket No. 1056).
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The parties represent that they seek to seal the portions of their
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briefs that refer to and quote the license agreement entered into
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by Tessera, Inc. and third-party Motorola, Inc.
The Court
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previously granted the parties’ request to file the license
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agreement under seal, as well as the portions of Defendants’
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opening brief for summary judgment that referred to and quoted the
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license agreement.
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parties have already filed redacted versions of their briefs in
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the public record.
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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.
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who has designated them as confidential “must overcome a strong
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presumption of access by showing that ‘compelling reasons
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supported by specific factual findings . . . outweigh the general
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United States District Court
For the Northern District of California
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history of access and the public policies favoring disclosure.’”
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Pintos v. Pac. Creditors Ass’n, 605 F.3d 665, 679 (9th Cir. 2010)
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(citation omitted).
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stringent “good cause” standard is applied to sealed discovery
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documents attached to non-dispositive motions).
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established simply by showing that the document is subject to a
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protective order or by stating in general terms that the material
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is considered to be confidential, but rather must be supported by
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a sworn declaration demonstrating with particularity the need to
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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).
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Having reviewed the briefs and the parties’ declarations in
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support of their motions to seal, the Court concludes that they
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have established that the references to the license agreement in
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the memoranda are sealable.
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under seal are GRANTED (Docket No. 1056 and 1064).
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days of the date of this Order, the parties shall electronically
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file under seal their unredacted briefs.
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Accordingly, their motions to file
Within three
IT IS SO ORDERED.
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United States District Court
For the Northern District of California
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Dated: 8/31/2012
CLAUDIA WILKEN
United States District Judge
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