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Dolby Laboratories Licensing Corporation v. Adobe Inc.

United States District Court, N.D. California

December 6, 2019

DOLBY LABORATORIES LICENSING CORPORATION, et al., Plaintiffs,
v.
ADOBE INC. f/k/a ADOBE SYSTEMS INCORPORATED, Defendant. ADOBE INC. f/k/a ADOBE SYSTEMS INCORPORATED, Counterclaim-Plaintiff,
v.
DOLBY LABORATORIES LICENSING CORPORATION, et al., Counterclaim-Defendants.

          CHARLES C. CORRELL, JR. (SBN 258085) KING & SPALDING LLP, BRUCE W. BABER (admitted pro hac vice) KING & SPALDING LLP, Attorneys for Plaintiffs and Counterclaim-Defendants Dolby Laboratories Licensing Corporation and Dolby International AB and Counterclaim-Defendant Dolby Laboratories, Inc.

          [PROPOSED; CORRECTED] OMNIBUS ORDER GRANTING IN PART AND DENYING IN PART DOLBY'S MOTION TO FILE DOCUMENTS UNDER SEAL

          Hon. Yvonne Gonzalez Rogers, United States District Judge

         [PROPOSED] OMNIBUS ORDER GRANTING MOTION TO SEAL

         On October 23, 2019, this Court ordered that counsel for the parties file a proposed order as to what each party is seeking to have sealed, in light of the Court's comments at the October 23, 2019 hearing on summary judgment and Daubert motions.

         Plaintiffs Dolby Laboratories Licensing Corporation and Dolby International AB (together, “Dolby”) have reconsidered the information that is properly sealed in this proceeding which can be restricted to (i) pricing information in the parties' license agreements, (ii) confidential source code and proprietary materials regarding Dolby's technologies, and (iii) confidential information relating to third-party licensees of Dolby. Dolby hereby submits this omnibus order granting the motions to seal that it now seeks in light of the Court's guidance at the October 23, 2019 summary judgment hearing.

         On August 13, 2019, in connection with its Motion for Summary Judgment, Dolby filed an Administrative Motion to File Under Seal pursuant to Civil Local Rules 7-11 and 79-5 requesting to seal certain documents in this action and redact confidential references to certain of those documents in Dolby's motion papers. Dkt. No. 152.

         On August 13, 2019, in connection with its Motion to Exclude/Strike Expert Testimony of Adobe Experts Steven Kursh, Schuyler Quackenbush, and Christian Tregillis, Dolby filed an Administrative Motion to File Under Seal pursuant to Civil Local Rules 7-11 and 79-5 requesting to seal certain documents in this action and redact confidential references to certain of those documents in Dolby's motion papers. Dkt. No. 158.

         On August 13, 2019, in connection with its Daubert Motion, Defendant Adobe Inc. (“Adobe”) filed an Administrative Motion to File Under Seal pursuant to Civil Local Rules 7-11 and 79-5. On August 19, 2019, pursuant to Civil Local Rule 79-5(e), Dolby filed a response to Adobe's motion requesting to seal several exhibits filed by Adobe that contain confidential information of Dolby. Dkt. No. 165.

         On September 3, 2019, in connection with their Opposition to Defendant Adobe Inc.'s Daubert Motion, Dolby filed an Administrative Motion to File Under Seal pursuant to Civil Local Rules 7-11 and 79-5 requesting to seal certain documents and to redact references to Dolby's confidential information in Dolby's Opposition to Defendant Adobe Inc.'s Daubert Motion. Dkt. No. 169.

         On September 3, 2019, in connection with its Cross-Motion for Summary Judgment, Adobe filed an Administrative Motion to File Under Seal pursuant to Civil Local Rules 7-11 and 79-5. On September 9, 2019, pursuant to Civil Local Rule 79-5(e), Dolby filed a response to Adobe's motion requesting to seal several exhibits filed by Adobe that contain confidential information of Dolby. Dkt. No. 177.

         On September 24, 2019, in connection with their Reply in Further Support of Summary Judgment and Opposition to Adobe's Cross-Motion for Summary Judgment, Dolby filed an Administrative Motion to File Under Seal pursuant to Civil Local Rules 7-11 and 79-5 requesting to seal certain documents and redact confidential references to certain of those documents in Dolby's motion papers. Dkt. No. 185.

         On October 4, 2019, in connection with its Reply in Support of Cross-Motion for Summary Judgment, Adobe filed an Administrative Motion to File Documents Under Seal pursuant to Civil Local Rules 7-11 and 79-5. On October 8, 2019, pursuant to Civil Local Rule 79-5(e), Dolby filed a response to Adobe's motion requesting to seal several exhibits filed by Adobe that contain confidential information of Dolby. Dkt. No. 202.

         On October 18, 2019, in connection with its notice of erratum and request to supplement record on Dolby's motion for summary judgment, Adobe filed an Administrative Motion to File Documents Under Seal pursuant to Civil Local Rules 7-11 and 79-5. On October 22, 2019, pursuant to Civil Local Rule 79-5(e), Dolby filed a response to Adobe's motion requesting to seal Exhibit 1 to that motion that contained confidential information of Dolby. Dkt. No. 210.

         In support of the above motions to seal, Dolby submitted declarations of Mary Wand and Samuel Diamant. Dkt. No. 152-1; Dkt. No. 152-2; Dkt. No. 158-1; Dkt. No. 165-2; Dkt. No. 165-3; Dkt. ...


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