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Finisar Corp. v. Nistica, Inc.

United States District Court, N.D. California, San Jose Division

April 3, 2017

FINISAR CORPORATION, Plaintiff,
v.
NISTICA, INC., Defendant. ECF No. Document to be Sealed Result Reasoning

          ORDER GRANTING NISTICA INC 'S ADMINISTRATIVE MOTION TO SEAL PORTIONS OF ITS MOTION FOR FEES AND SELECT EXHIBITS [Re: ECF 736]

          BETH LABSON FREEMAN UNITED STATES DISTRICT JUDGE.

         Before the Court is Nistica's administrative motion to file under seal portions of its Motion for Fees Under 35 U.S.C. § 285 and select exhibits in support thereof. ECF 736. For the reasons stated below, the motion is GRANTED.

         I. LEGAL STANDARD

         “Historically, courts have recognized a ‘general right to inspect and copy public records and documents, including judicial records and documents.'” Kamakana v. City and Cnty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 597 & n.7 (1978)). Consequently, access to motions and their attachments that are “more than tangentially related to the merits of a case” may be sealed only upon a showing of “compelling reasons” for sealing. Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1101-02 (9th Cir. 2016). Filings that are only tangentially related to the merits may be sealed upon a lesser showing of “good cause.” Id. at 1097.

         In addition, sealing motions filed in this district must be “narrowly tailored to seek sealing only of sealable material.” Civil L.R. 79-5(b). A party moving to seal a document in whole or in part must file a declaration establishing that the identified material is “sealable.” Civ. L.R. 79-5(d)(1)(A). “Reference to a stipulation or protective order that allows a party to designate certain documents as confidential is not sufficient to establish that a document, or portions thereof, are sealable.” Id.

         II. DISCUSSION

         The Court has reviewed Nistica's sealing motion (ECF 736) and the parties' declarations in support thereof (ECF 736-1, 740, 741). The Court finds the parties have articulated compelling reasons and good cause to seal the submitted documents. The Court's rulings on the sealing request are set forth in the table below:

ECF No.
Document to be Sealed
Result
Reasoning
736-4
Nistica's Motion for Fees Under 35 U.S.C. § 285
GRANTED as to highlighted portions.

Contains confidential, trade secret and proprietary product information relating to Nistica's accused products and development projects. Kramer Decl. ¶ 2, ECF 736-1. Also contains confidential information regarding Finisar's business strategies and plans. Chao Decl. ¶ 2, ECF 741.

736-5
Ex. 1 to Bennett Decl. ISO Nistica's Motion for Fees Under 35 U.S.C. § 285, ECF 737-1 (“Bennett Decl.”)
GRANTED.

Contains confidential, proprietary, and trade secret information about Finisar's products and business/marketing strategies and plans. Chao Decl. ¶ 3.

736-6
Ex. 2 to Bennett Decl.
GRANTED.

Contains confidential, proprietary, and trade secret information about Finisar's products and business/marketing strategies and plans. Chao Decl. ¶ 3.

736-7
Ex. 3 to Bennett Decl.
GRANTED.

Contains Nistica's confidential, trade secret and proprietary product information relating to its accused products and development projects. Kramer Decl. ¶ 4. Also contains excerpts of trial transcripts and contain confidential information regarding Finisar's business strategies and plans. Chao Decl. ¶ 4.

736-8
Ex. 4 to Bennett Decl.
GRANTED.

Contains confidential technical information relating to third-party specification requirements. Rossetti Decl. ¶ 4, ECF 740. Also contains confidential, proprietary, and

trade secret information about Finisar's products. Chao Decl. ¶ 5.

736-9
Ex. 5 to Bennett Decl.
GRANTED.

Contains confidential communications and technical information relating to third-party products. Rossetti Decl. ¶ 5. Also contains confidential, proprietary, and trade secret information about Finisar's products and business/marketing strategies and plans. Chao Decl. ¶ 3.

736-10
Ex. 6 to Bennett Decl.
GRANTED.

Contains confidential, proprietary, and trade secret information about Finisar's products and business/marketing strategies and plans. Chao Decl. ¶ 3.

736-11
Ex. 7 to Bennett Decl.
GRANTED.

Contains Nistica's confidential, trade secret and proprietary product information relating to its accused products and development projects. Kramer Decl. ¶ 4. Also contains excerpts of trial transcripts and contain confidential information regarding Finisar's business strategies and plans. Chao Decl. ¶ 4.

736-12
Ex. 9 to Bennett Decl.
GRANTED.

Contains confidential information regarding Finisar's business and litigation strategies and plans. Chao Decl. ¶ 6.

736-13
Ex. 10 to Bennett Decl.
GRANTED.

Contains confidential information regarding Finisar's business/marketing strategies and plans. Chao Decl. ¶ 7.

736-14, 736-15, 736-16
Ex. 11 to Bennett Decl.
GRANTED.

Contains confidential technical information relating to third-party products. Rossetti Decl. ¶ 6; Chao Decl. ¶ 8.

736-17
Ex. 12 to Bennett Decl.
GRANTED.

Contains confidential technical information relating to third-party products. Rossetti Decl. ¶ 7; Chao Decl. ¶ 8.

736-18
Ex. 13 to Bennett Decl.
GRANTED.

Contains confidential technical information relating to third-party products. Rossetti Decl. ¶ 8; Chao Decl. ¶ 8.

736-19
Ex. 15 to Bennett Decl.
GRANTED.

Correspondence between the parties providing detail regarding Nistica's products and Finisar's infringement theories relating to the confidential technical details of those products. Kramer Decl. ¶ 4.

736-20
Ex. 17 to Bennett Decl.
GRANTED.

Contains confidential, proprietary, and trade secret information about Finisar's products and business/marketing strategies and plans. Chao Decl. ¶ 3.

736-21
Ex. 18 to Bennett Decl.
GRANTED.

Contains confidential, proprietary, and trade secret information about Finisar's products and business/marketing strategies and plans. Chao Decl. ¶ 3.

736-22
Ex. 19 to Bennett Decl.
GRANTED.

Contains confidential, proprietary, and trade secret information about Finisar's products and business/marketing strategies and plans. Chao Decl. ¶ 3.

         III. ORDER

         For the foregoing reasons, Nistica's sealing motion at ECF 736 is GRANTED.

         IT ...


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