United States District Court, N.D. California
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. ...