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Medtronic, Inc. v. AGA Medical Corp.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


June 30, 2009

MEDTRONIC, INC., A MINNESOTA CORPORATION, MEDTRONIC USA, INC., A MINNESOTA CORPORATION, AND MEDTRONIC VASCULAR, MEDTRONIC'S ADMINISTRATIVE INC., A DELAWARE CORPORATION, PLAINTIFFS,
v.
AGA MEDICAL CORPORATION, A MINNESOTA CORPORATION, DEFENDANT.

The opinion of the court was delivered by: Honorable Maxine M. Chesney United States District Judge

[PROPOSED] ORDER GRANTING IN PART AND DENYING IN PART MOTION TO FILE DOCUMENTS UNDER SEAL PURSUANT TO CIV. L.R. 79-5(C) AND (D) IN SUPPORT OF THE DECLARATION OF ROBERT SINCLAIR, Ph.D. RESPONDING TO QUESTIONS RAISED AT JUNE 19, 2009 HEARING

Before this Court is Medtronic's Administrative Motion to File Documents Under Seal Pursuant to Civ. L. R. 79-5 (c), and (d) in Support of the Declaration of Robert Sinclair, Ph.D. Responding to Questions Raised at June 19, 2009 Hearing. Having considered Medtronic's Request, the Declaration of Noemi C. Espinosa in Support of Medtronic's Administrative Motion to File Documents Under Seal Pursuant to Civ. L.R. 79-5(c) and (d) in Support of the Declaration of Robert Sinclair, Ph.D. Responding to Questions Raised at June 19, 2009 Hearing, and the Declaration of Marissa R. Ducca in Support of Medtronic's Administrative Motion to File Documents Under Seal Pursuant to Civ. L.R. 79-5(c) and (d) in Support of the Declaration of Robert Sinclair, Ph.D. Responding to Questions Raised at June 19, 2009 Hearing, and good cause appearing, the Court hereby GRANTS Medtronic's request to file the following documents under seal:

x The entirety of Exhibit Nos. 3 and 4 to the Declaration of Robert Sinclair, Ph.D. Responding to Questions Raised at June 19, 2009 Hearing ("Sinclair Dec.").

x The unredacted version of the Sinclair Dec., with the exception of the portion from the Deposition of Robert Sinclair, PhD, February 11, 2009.

With respect to exhibit 1 to the Sinclair Dec., and the portions of the Sinclair Dec. citing to that exhibit, AGA has indicated that they do not seek to seal these documents. Therefore, with respect to Exhibit 1 to the Sinclair Dec., and the portions of the Sinclair Dec. citing to Exhibit 1, Medtronic's request is DENIED.

IT IS SO ORDERED.

20090630

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