Free Declaration in Support - District Court of California - California

Case 5:08-cv-00133-RMW

Document 28

Filed 02/21/2008

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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 Plaintiff 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 DECLARATION OF KATHARINE L. ALTEMUS IN SUPPORT OF CIVIL LOCAL RULE 79-5(C) ADMINISTRATIVE MOTION BY PLAINTIFFS TO FILE UNDER SEAL CONFIDENTIAL PORTIONS OF PLAINTIFFS' OPPOSITION TO DEFENDANT'S MOTION FOR CONTINUANCE OF THE HEARING ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION AND PORTIONS OF THE SUPPORTING DECLARATION OF GLENN MAGNUSON

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

Altemus Declaration ISO Administrative Motion to File Under Seal Case No. C08 00133 RMW

Case 5:08-cv-00133-RMW

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Filed 02/21/2008

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1 2

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 Hologic, Inc., Cytyc Corporation and Hologic LP 4 (collectively "Plaintiffs" or "Hologic"). The following declaration is based on my personal 5 knowledge, and if called upon to testify, I could and would competently testify as to the matters set 6 forth herein. 7 2. In support of Hologic's Administrative Request to File Under Seal confidential portions

8 of (1) Plaintiffs' Opposition To Defendant's Motion For Continuance Of The Hearing On Plaintiff's 9 Motion For Preliminary Injunction, and (2) the Declaration Of Glenn Magnuson In Support Of 10 Plaintiffs' Opposition To Defendant's Motion For Continuance Of The Hearing On Plaintiff's Motion 11 For Preliminary Injunction, Hologic respectfully requests that Confidential Versions of Plaintiffs' 12 Opposition To Defendant's Motion For Continuance Of The Hearing On Plaintiff's Motion For 13 Preliminary Injunction and the Declaration of Glenn Magnuson In Support thereof be maintained 14 under seal. 15 3. Both Plaintiffs' Opposition To Defendant's Motion For Continuance Of The Hearing

16 On Plaintiff's Motion For Preliminary Injunction and the supporting Declaration of Glenn Magnuson 17 contain designated confidential information that is internal, confidential and sensitive to Hologic and 18 its employees, and the unprotected distribution of these documents in its unredacted form to the 19 \\ 20 21 22 23 24 25 26 27 28
Altemus Declaration ISO Administrative Motion to File Under Seal Case No. C08 00133 RMW -1-

Case 5:08-cv-00133-RMW

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Filed 02/21/2008

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1 general public could cause harm to Hologic and its employees. 2 I declare under penalty of perjury that the foregoing is true and correct and that the declaration

3 was executed on February 21, 2008 at East Palo Alto, California. 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 Declaration ISO Administrative Motion to File Under Seal Case No. C08 00133 RMW -2-

HOWREY LLP

By:

/s/ Katharine L. Altemus

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