Free Declaration in Support - District Court of California - California

Case 5:08-cv-00133-RMW

Document 69

Filed 04/02/2008

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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 CORP. and HOLOGIC L.P. 11 12 13 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case No. C08 00133 RMW (RS) DECLARATION OF MARILEE C. WANG PURSUANT TO CIVIL LOCAL RULE 795(D) IN PARTIAL SUPPORT OF SENORX, INC.'S ADMINISTRATIVE MOTION AND SUPPLEMENTAL ADMINISTRATIVE MOTION TO FILE UNDER SEAL EXHIBITS 1, 7, 15, AND 20-26 TO THE DECLARATION OF AARON P. MAURER AND EXHIBITS 4 AND 8 TO THE DECLARATION OF ROY WEINSTEIN IN SUPPORT OF SENORX, INC.'S OPPOSITION TO PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION

14 HOLOGIC, INC., CYTYC CORPORATION, and HOLOGIC L.P., 15 Plaintiffs, 16 vs. 17 SENORX, INC., 18 Defendant. 19 20 21 22 AND RELATED COUNTERCLAIMS. 23 24 25 26 27 28
-1Declaration ISO Motion to Seal Case No. C08 00133 RMW (RS)

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I, Marilee C. Wang, declare as follows: I am an attorney at the law firm Howrey LLP and a member of the Bar of this court. I serve as

3 one of the outside counsel for Plaintiffs Hologic, Inc., Cytyc Corporation, and Hologic L.P. If called 4 upon to testify, I could and would competently testify as to the matters set forth herein. 5 1. Pursuant to Civil L.R. 79-5(d), the information contained herein is submitted in partial

6 support of SenoRx, Inc.'s Administrative Motion and Supplemental Administrative Motion to File 7 under Seal Exhibits 1, 7, 15, and 20-26 to the Declaration of Aaron P. Maurer and Exhibits 4 and 8 to 8 the Declaration of Roy Weinstein in Support of SenoRx, Inc.'s Opposition to Plaintiffs' Motion for a 9 Preliminary Injunction. These documents contain the confidential information of Plaintiffs Hologic, 10 Inc., Cytyc Corporation, and Hologic L.P. ("Hologic"). 11 2. Exhibit 1 to the Declaration of Aaron P. Maurer is a copy of certain excerpts from the

12 Rule 30(b)(6) deposition of Hologic, Inc. dated March 18, 2008 which Hologic has designated Highly 13 Confidential ­ Outside Counsel Only. This document contains information that is internal, 14 confidential, and sensitive to Hologic and its employees, and the unprotected distribution of this 15 document in its unredacted form to the general public could cause harm to Hologic and its employees. 16 3. Exhibit 7 to the Declaration of Aaron P. Maurer is a copy of Hologic's Objections and

17 Responses to SenoRx's First Set of Interrogatories dated March 10, 2008 which Hologic has 18 designated Highly Confidential ­ Attorneys' Eyes Only. This document contains information that is 19 internal, confidential, and sensitive to Hologic and its employees, and the unprotected distribution of 20 this document in its unredacted form to the general public could cause harm to Hologic and its 21 employees. 22 4. Exhibit 15 to the Declaration of Aaron P. Maurer is a copy of a Hologic product manual

23 bearing bates numbers HOLOGIC 0046918-0046959 which Hologic has produced during the course of 24 discovery in this case and has designated Highly Confidential ­ Outside Counsel Only. This document 25 contains information that is internal, confidential, and sensitive to Hologic and its employees, and the 26 unprotected distribution of this document in its unredacted form to the general public could cause harm 27 to Hologic and its employees. 28
-2Declaration ISO Motion to Seal Case No. C08 00133 RMW (RS)

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5.

Exhibit 20 to the Declaration of Aaron P. Maurer is a copy of a Hologic competitive

2 evaluation analysis bearing bates numbers HOLOGIC 0047510-0047518 which Hologic has produced 3 during the course of discovery in this case and has designated Highly Confidential ­ Outside Counsel 4 Only. This document contains information that is internal, confidential, and sensitive to Hologic and 5 its employees, and the unprotected distribution of this document in its unredacted form to the general 6 public could cause harm to Hologic and its employees. 7 6. Exhibit 21 to the Declaration of Aaron P. Maurer is a copy of a Hologic competition

8 presentation bearing bates numbers HOLOGIC 0047519-0047542 which Hologic has produced during 9 the course of discovery in this case and has designated Highly Confidential ­ Outside Counsel Only. 10 This document contains information that is internal, confidential, and sensitive to Hologic and its 11 employees, and the unprotected distribution of this document in its unredacted form to the general 12 public could cause harm to Hologic and its employees. 13 7. Exhibit 22 to the Declaration of Aaron P. Maurer is a copy of a Hologic strategy plan

14 bearing bates numbers HOLOGIC 0047551-0047573 which Hologic has produced during the course of 15 discovery in this case and has designated Highly Confidential ­ Outside Counsel Only. This document 16 contains information that is internal, confidential, and sensitive to Hologic and its employees, and the 17 unprotected distribution of this document in its unredacted form to the general public could cause harm 18 to Hologic and its employees. 19 8. Exhibit 23 to the Declaration of Aaron P. Maurer is a copy of a Hologic competition

20 presentation bearing bates numbers HOLOGIC 0047634-0047650 which Hologic has produced during 21 the course of discovery in this case and has designated Highly Confidential ­ Outside Counsel Only. 22 This document contains information that is internal, confidential, and sensitive to Hologic and its 23 employees, and the unprotected distribution of this document in its unredacted form to the general 24 public could cause harm to Hologic and its employees. 25 9. Exhibit 24 to the Declaration of Aaron P. Maurer is a copy of a Hologic competitive

26 product presentation bearing bates numbers HOLOGIC 0047619-0047633 which Hologic has 27 produced during the course of discovery in this case and has designated Highly Confidential ­ Outside 28 Counsel Only. This document contains information that is internal, confidential, and sensitive to
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1 Hologic and its employees, and the unprotected distribution of this document in its unredacted form to 2 the general public could cause harm to Hologic and its employees. 3 10. Exhibit 25 to the Declaration of Aaron P. Maurer is a copy of a Hologic competition

4 presentation bearing bates numbers HOLOGIC 0047574-0047594 which Hologic has produced during 5 the course of discovery in this case and has designated Highly Confidential ­ Outside Counsel Only. 6 This document contains information that is internal, confidential, and sensitive to Hologic and its 7 employees, and the unprotected distribution of this document in its unredacted form to the general 8 public could cause harm to Hologic and its employees. 9 11. Exhibit 26 to the Declaration of Aaron P. Maurer is a copy of a Hologic product

10 strategy plan bearing bates numbers HOLOGIC 0047651-0047715 which Hologic has produced during 11 the course of discovery in this case and has designated Highly Confidential ­ Outside Counsel Only. 12 This document contains information that is internal, confidential, and sensitive to Hologic and its 13 employees, and the unprotected distribution of this document in its unredacted form to the general 14 public could cause harm to Hologic and its employees. 15 12. Exhibit 4 to the Declaration of Roy Weinstein contains highly confidential financial

16 information derived from the Declaration of Glenn Magnuson in Support of Plaintiffs' Motion for 17 Preliminary Injunction which Hologic has designated under seal and Highly Confidential ­ Outside 18 Counsel Only. Specifically, page 1 of Exhibit 4 contains information that is internal, confidential, and 19 sensitive to Hologic and its employees, and the unprotected distribution of this document in its 20 unredacted form to the general public could cause harm to Hologic and its employees. 21 13. Exhibit 8 to the Declaration of Roy Weinstein contains highly confidential financial

22 information derived from (1) the Xoft Settlement Agreement and License bearing bates numbers 23 HOLOGIC 0047845-0047863 which Hologic has produced during the course of discovery in this case 24 and has designated Highly Confidential ­ Outside Counsel Only; and (2) the Declaration of Glenn 25 Magnuson in Support of Plaintiffs' Motion for Preliminary Injunction which Hologic has designated 26 under seal and Highly Confidential ­ Outside Counsel Only. Exhibit 8 contains information that is 27 internal, confidential, and sensitive to Hologic and its employees, and the unprotected distribution of 28
-4Declaration ISO Motion to Seal Case No. C08 00133 RMW (RS)

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1 this document in its unredacted form to the general public could cause harm to Hologic and its 2 employees. 3 I declare under penalty of perjury under the laws of the United States and the State of

4 California that the foregoing is true and correct. 5 Dated: April 1, 2008
6

HOWREYLLP

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Attorneys for Plaintiffs HOLOGIC, INC., CYTYC CORPORATION, and HOLOGIC, L.P.

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Declaration ISO Motion to Seal Case No. C08 00133 RMW (RS)

Case 5:08-cv-00133-RMW

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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 CORP. and HOLOGIC L.P. 11 12 13 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case No. C08 00133 RMW (RS) [PROPOSED] ORDER GRANTING ADMINISTRATIVE MOTION AND SUPPLEMENTAL ADMINISTRATIVE MOTION TO FILE UNDER SEAL EXHIBITS 1, 7, 15, AND 20-26 TO THE DECLARATION OF AARON P. MAURER AND EXHIBITS 4 AND 8 TO THE DECLARATION OF ROY WEINSTEIN IN SUPPORT OF SENORX, INC.'S OPPOSITION TO PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION

14 HOLOGIC, INC., CYTYC CORPORATION, and HOLOGIC L.P., 15 Plaintiffs, 16 vs. 17 SENORX, INC., 18 Defendant. 19 20 21 AND RELATED COUNTERCLAIMS. 22 23 24 25 26 27 28
-1[Proposed] Order Granting Motion to Seal Case No. C08 00133 RMW (RS)

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The Court, having considered Defendant SenoRx, Inc. 's ("SenoRx") Administrative Motion

2 and Supplemental Administrative Motion To File Under Seal and Plaintiffs' declaration in partial 3 support of SenoRx, Inc.'s Administrative Motion and Supplemental Administrative Motion to File 4 under Seal Exhibits 1, 7, 15, and 20-26 to the Declaration of Aaron P. Maurer and Exhibits 4 and 8 to 5 the Declaration of Roy Weinstein in Support of SenoRx, Inc.'s Opposition to Plaintiffs' Motion for a 6 Preliminary Injunction, finds that good cause exists pursuant to Civil Local Rule 79-5 and hereby 7 orders that the Motion is GRANTED in its entirety. 8 9 The Clerk shall maintain the following Hologic confidential documents under seal: (1) Exhibits 1, 7, 15, and 20-26 to the Declaration of Aaron P. Maurer in Support of

10 SenoRx, Inc.'s Opposition to Plaintiffs' Motion for a Preliminary Injunction; 11 (2) Exhibits 4 and 8 to the Declaration of Roy Weinstein in Support of SenoRx, Inc.'s

12 Opposition to Plaintiffs' Motion for a Preliminary Injunction. 13 14 15 Dated: _________________________ 16 17 18 19 20 21 22 23 24 25 26 27 28
-2[Proposed] Order Granting Motion to Seal Case No. C08 00133 RMW (RS)

IT IS SO ORDERED.

_________________________________ Honorable Ronald M. Whyte United States District Court Judge