Free Declaration in Support - District Court of California - California

Case 5:08-cv-00133-RMW

Document 82

Filed 04/08/2008

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1 Henry C. Su (SBN 211202; [email protected]) Katharine L. Altemus (SBN 227080; [email protected]) 2 HOWREY LLP 1950 University Avenue, 4th Floor 3 East Palo Alto, California 94303 Telephone: (650) 798-3500 4 Facsimile: (650) 798-3600 5 Robert Ruyak Matthew Wolf 6 Marc Cohn HOWREY LLP 7 1229 Pennsylvania Avenue, NW Washington, DC 20004 8 Telephone: (202) 783-0800 Facsimile: (202) 383-6610 9 Attorneys for Plaintiffs 10 HOLOGIC, INC., CYTYC CORPORATION and HOLOGIC LP 11 12 13 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case No. C08 00133 RMW (RS) DECLARATION OF KATHARINE L. ALTEMUS IN SUPPORT OF PLAINTIFFS' CIVIL LOCAL RULE 79-5(B), (C), AND (D) ADMINISTRATIVE MOTION TO FILE UNDER SEAL (1) PORTIONS OF PLAINTIFFS' REPLY BRIEF IN SUPPORT OF PENDING MOTION FOR PRELIMINARY INJUNCTION AND THE DAVIS DECLARATION IN SUPPORT THEREOF, (2) PORTIONS OF PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO STRIKE, AND (3) SELECT SUPPORTING EXHIBITS TO PLAINTIFFS' REPLY AND OPPOSITION IN THEIR ENTIRETY Date: April 21, 2008 Time: 2:00 p.m. Courtroom: 6, 4th Floor Judge: Hon. Ronald M. Whyte AND RELATED COUNTERCLAIMS.

14 HOLOGIC, INC., CYTYC CORPORATION, and HOLOGIC L.P., 15 Plaintiffs, 16 vs. 17 SENORX, INC., 18 Defendant. 19 20 21 22 23 24 25 26 27 28
HOWREY LLP

Altemus Decl ISO Administrative Motion to File Under Seal Case No. C08 00133 RMW (RS)

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I, Katharine L. Altemus, declare as follows: 1. I am an associate in the law firm Howrey LLP and a member of the Bar of this court,

3 and I serve as one of the outside counsel for Plaintiffs Hologic, Inc., Cytyc Corporation, and Hologic 4 L.P. (collectively "Plaintiffs"). The following declaration is based on my personal knowledge, and if 5 called upon to testify, I could and would competently testify as to the matters set forth herein. 6 2. In support of Plaintiffs' Administrative Motion To File Under Seal 1) Portions Of

7 Plaintiffs' Reply Brief In Support Of Pending Motion For Preliminary Injunction And The Davis 8 Declaration In Support Thereof, (2) Portions Of Plaintiffs' Opposition To Defendants' Motion To 9 Strike, And (3) Select Supporting Exhibits To Plaintiffs' Reply And Opposition In Their Entirety, 10 Plaintiffs respectfully requests that the following exhibits to the Declaration Of Katharine L. Altemus 11 In Support Of Plaintiffs' Reply Brief In Support Of Motion For Preliminary Injunction be maintained 12 under seal. 13 3. To date, the parties have not executed a Protective Order that governs how the

14 confidential and proprietary information produced during discovery shall be treated by the parties. 15 Accordingly, until such a Protective Order has been executed and entered by the Court, such 16 confidential and proprietary materials are by operation of Patent Local Rule 2-2 deemed to be 17 "Confidential­Attorneys Eyes Only" materials, unless otherwise agreed by the parties. In compliance 18 with Northern District Civil Local Rule 79-5(b), (c), and (d), Plaintiffs wish to withhold from the 19 public versions of papers that reference confidential business information from either party. 20 4. Each of Exhibits EE contains throughout its pages information that is internal,

21 confidential and sensitive to Hologic, Inc., Cytyc Corporation, and/or Hologic L.P. and their respective 22 employees, and the unprotected distribution of these exhibits in unredacted form to the general public 23 could cause harm to Plaintiffs and their employees. 24 5. Each of Exhibits O, Q, R, U, W, X, Y, Z, AA, BB, CC, DD, FF, GG, HH, II, KK, LL,

25 NN, QQ, XX, YY, and ZZ contains throughout its pages information that has been designated by 26 Defendant SenoRx, Inc. ("SenoRx") as "Confidential-Outside Counsel Only. 27 28
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6.

Designated selections of Plaintiffs' Reply Brief In Support Of Motion For Preliminary

2 Injunction contain information designated as "Confidential-Outside Counsel Only" by either Plaintiffs 3 or Defendant. Such material designated by Plaintiffs contains information that is internal, confidential 4 and sensitive to Hologic, Inc., Cytyc Corporation, and/or Hologic L.P. and their respective employees, 5 and the unprotected distribution of this information in its unredacted form to the general public could 6 cause harm to Plaintiffs and their employees. 7 7. Designated selections of the Declaration of Julie L. Davis In Support Of Plaintiffs'

8 Reply Brief In Support Of Motion For Preliminary Injunction contain information designated as 9 "Confidential-Outside Counsel Only" by either Plaintiffs or Defendant. Such material designated by 10 Plaintiffs contains information that is internal, confidential and sensitive to Hologic, Inc., Cytyc 11 Corporation, and/or Hologic L.P. and their respective employees, and the unprotected distribution of 12 this information in its unredacted form to the general public could cause harm to Plaintiffs and their 13 employees. 14 8. Designated selections of Plaintiffs' Opposition To Objections And Motion To Strike

15 Certain Portions Of The Declaration Of Glenn Magnuson contains information that is internal, 16 confidential and sensitive to Hologic, Inc., Cytyc Corporation, and/or Hologic L.P. and their respective 17 employees, and the unprotected distribution of this information in its unredacted form to the general 18 public could cause harm to Plaintiffs and their employees. 19 9. Exhibit A attached to the Declaration of Katharine L. Altemus In Support of Plaintiffs'

20 Opposition To Objections And Motion To Strike Certain Portions Of The Declaration Of Glenn 21 Magnuson contains information that is internal, confidential and sensitive to Hologic, Inc., Cytyc 22 Corporation, and/or Hologic L.P. and their respective employees, and the unprotected distribution of 23 this information in its unredacted form to the general public could cause harm to Plaintiffs and their 24 \\ 25 26 27 28
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1 employees. 2 I declare under penalty of perjury that the foregoing is true and correct. HOWREY LLP

3 Dated: April 7, 2008 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Altemus Decl ISO Administrative Motion to File Under Seal Case No. C08 00133 RMW (RS)

By:

/s/ Katharine L. Altemus

HOWREY LLP Attorneys for Plaintiffs Hologic, Inc., Cytyc Corporation, and Hologic LP

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