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Personalweb Technologies LLC v. International Business Machines Corporation

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

July 27, 2017

PERSONALWEB TECHNOLOGIES LLC, et al., Plaintiffs,
v.
INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant.

          OMNIBUS ORDER RE: ADMINISTRATIVE MOTIONS TO SEAL RE: DKT. NOS. 273, 286, 287, 289, 309, 316, 319, 322, 324, 325, 334

          EDWARD J. DAVILA UNITED STATES DISTRICT JUDGE

Before the Court are administrative motions to seal filed by the parties in connection with their motions in limine and other pretrial orders. For the reasons set forth below, the motions are 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 each of the parties' sealing motions and the declarations submitted in support thereof. The Court finds that the parties have articulated compelling reasons and good cause to seal the submitted documents. The proposed redactions are also narrowly tailored. The Court's rulings on the sealing requests are set forth in the tables below:

A. Dkt. No. 273

Materials to be Sealed

Order

PersonalWeb's Daubert Motion, pp. 2-8, 10, 13-14, as indicated in the redacted copy filed with the motion to seal - showing information relating to IBM's revenues, and the extent to which the accused client-side deduplication functionality is used by IBM customers.

GRANTED.

Exhibit A to the Daubert Motion - showing information relating to IBM's revenue and sales.

GRANTED.

Exhibit B to the Daubert Motion - showing the manner in which IBM's expert calculated his damages figure based on IBM's revenues.

GRANTED.

Exhibit C to the Daubert Motion - showing the extent to which “client-side deduplication” is used by IBM's TSM customers.

GRANTED.

Exhibit D to the Daubert Motion - showing the extent to which “client-side deduplication” is used by IBM's TSM customers.

GRANTED.

         B. Dkt. No. 286

Materials to be Sealed

Order

Motion to Exclude the Opinions of Dr. Michael Akemann, page 1, lines 22-26, page 2, lines 3-14, page 3, lines 12, 26 and 28, page 4, lines 5-8, 10-21 and 24, page 5, lines 1-3, 6, 14, 15, 21, page 5, line 13, page 7, line 4 - contains confidential business information of IBM, PersonalWeb, and third parties

GRANTED.

Exhibit 1 - contains confidential business information of IBM, PersonalWeb, and third parties

GRANTED.

Exhibit 3 - contains confidential business information of PersonalWeb

GRANTED.

Exhibit 4 - contains confidential business information of PersonalWeb

GRANTED.

         C. Dkt. No. 287

Materials to be Sealed

Order

Exhibit 3 to IBM's Motion in Limine No. 2 to Exclude from Trial Opinions Not Disclosed in Expert Reports, 9:5, 22:10-12, 22:25, 23:11, 23:18, 23:21, 24: 6, 24:24, 26:24, 27:1, 28:10 - contains IBM and PersonalWeb confidential business information

GRANTED.

Exhibit 4 to IBM's Motion in Limine No. 2 to Exclude from Trial Opinions Not Disclosed in Expert Reports, page 13, lines 6 & 8, page 15, lines 23-29 - contains IBM, PersonalWeb, and third party confidential business information

GRANTED.

Exhibit 5 to IBM's Motion in Limine No. 2 to Exclude from Trial Opinions Not Disclosed in Expert Reports, page 9, lines 15-16, page 10, lines 3-6 and 16-21 - contains IBM confidential business information

GRANTED.

Exhibit 5 to IBM's Motion in Limine No. 4 to Exclude Testimony Conflicting with Court's Claim Constructions and Arguing Claim Construction to the Jury - contains IBM confidential business information

GRANTED.

Exhibit 6 to IBM's Motion in Limine No. 4 to Exclude Testimony Conflicting with Court's Claim Constructions and Arguing Claim Construction to the Jury - contains IBM confidential business information

GRANTED.

IBM's Motion in Limine No. 5 to Exclude From Trial USPTO Activities and Unsupported or Improper Validity Arguments - contains confidential information of PersonalWeb

GRANTED.

Exhibit 8 to IBM's Motion in Limine No. 5 to Exclude From Trial USPTO Activities and Unsupported or Improper Validity Arguments - contains confidential information of PersonalWeb

GRANTED.

Exhibit 9 to IBM's Motion in Limine No. 5 to Exclude From Trial USPTO Activities and Unsupported or Improper Validity Arguments - contains confidential information of PersonalWeb

GRANTED.

Exhibit 10 to IBM's Motion in Limine No. 5 to Exclude From Trial USPTO Activities and Unsupported or Improper Validity Arguments - contains confidential information of PersonalWeb

GRANTED.

Exhibit 11 to IBM's Motion in Limine No. 5 to Exclude From Trial USPTO Activities and Unsupported or Improper Validity Arguments - contains confidential information of PersonalWeb

GRANTED.

Exhibit 12 to IBM's Motion in Limine No. 5 to Exclude From Trial USPTO Activities and Unsupported or Improper Validity Arguments - contains confidential information of PersonalWeb

GRANTED.

Exhibit 13 to IBM's Motion in Limine No. 5 to Exclude From Trial USPTO Activities and Unsupported or Improper Validity Arguments - contains confidential information of PersonalWeb

GRANTED.

Exhibit 1 to IBM's Motion in Limine No. 7 to Exclude From Trial Use of IBM's '257 Patent for Infringement Purposes - contains IBM confidential business information

GRANTED.

Exhibit 2 to IBM's Motion in Limine No. 7 to Exclude From Trial Use of IBM's '257 Patent for Infringement Purposes - contains IBM confidential business information

GRANTED.

         D.Dkt. No. 289 Materials to be SealedOrder

Materials to be Sealed

Order

Exhibit 1, image on p. 54, image on p. 56 - contains confidential business information of IBM

GRANTED.


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