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Genentech, Inc v. the Trustees of the University of Administrative Request For

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


March 2, 2011

GENENTECH, INC.,
PLAINTIFF,
v.
THE TRUSTEES OF THE UNIVERSITY OF ADMINISTRATIVE REQUEST FOR PENNSYLVANIA, A PENNSYLVANIA NON- PROFIT CORPORATION,
DEFENDANT.

The opinion of the court was delivered by: Lucy H. Koh United States District Judge

United States District Court For the Northern District of California

ORDER REGARDING SEALING

Genentech has submitted a request to seal portions of its Motion to File First Amended Complaint and First Amended Answer, certain exhibits appended to the Motion, and portions of 19 the First Amended Complaint and Answer, on the basis that these materials cite information 20 produced by Defendant (U Penn) and marked Highly Confidential. See Dkt. No. 116. U Penn 21 submitted a declaration stating that the documents Genentech seeks to seal were properly 22 designated as Highly Confidential. See Dkt. No. 120. Genentech's request is granted as to 23 Exhibits B, C, O and D and as to proposed redactions citing these materials. However, Exhibits K, 24 L and M appear to be letters between third-parties and U Penn providing critiques of manuscripts 25 intended for publication. The Protective Order states that Highly Confidential information is 26 "extremely sensitive 'Confidential Information or Items,' disclosure of which to another 27 Party or Non-Party would create a substantial risk of serious harm that could not be avoided by less 28 restrictive means." Protective Order at § 2.8. U Penn does not state that there was a confidentiality 2 agreement or other basis for U Penn to have a reasonable expectation of confidentiality regarding 3 these communications. Accordingly, the Court requires additional information regarding the basis 4 for marking these documents Highly Confidential under the Protective Order before the request for 5 sealing can be granted. 6

U Penn shall submit additional information supporting its designation of these documents 7 as Highly Confidential, or a declaration stating that this designation has been removed, by Monday, 8March 7, 2011.9

IT IS SO ORDERED.

20110302

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