Free Declaration in Support - District Court of California - California

Case 5:08-cv-00133-RMW

Document 172

Filed 06/18/2008

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1 Henry C. Su (SBN 211202; [email protected]) Katharine L. Altemus (SBN 227080; [email protected]) 2 Marilee C. Wang (SBN 232432; [email protected]) HOWREY LLP 3 1950 University Avenue, 4th Floor East Palo Alto, California 94303 4 Telephone: (650) 798-3500 Facsimile: (650) 798-3600 5 Robert Ruyak 6 Matthew Wolf (Admitted Pro Hac Vice) Marc Cohn (Admitted Pro Hac Vice) 7 HOWREY LLP 1299 Pennsylvania Avenue, NW 8 Washington, DC 20004 Telephone: (202) 783-0800 9 Facsimile: (202) 383-6610 10 Attorneys for Plaintiffs HOLOGIC, INC., CYTYC CORPORATION and HOLOGIC L.P. 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 SAN JOSE DIVISION 14 Case No. C08 00133 RMW (RS) HOLOGIC, INC., CYTYC CORPORATION, 15 and HOLOGIC L.P., DECLARATION OF MARILEE C. WANG Plaintiffs, IN SUPPORT OF MOTION TO FILE 16 UNDER SEAL THE CONFIDENTIAL vs. VERSION OF DEFENDANT SENORX, 17 INC.'S REPLY IN SUPPORT OF ITS MOTION FOR PARTIAL SUMMARY 18 SENORX, INC., JUDGMENT OF INVALIDITY AND Defendant. EXHIBIT 3 TO THE SUPPORTING 19 DECLARATION OF ADAM D. HARBER PURSUANT TO CIVIL LOCAL RULE 7920 5(D) AND RELATED COUNTERCLAIMS. 21 22 23 24 25 26 27 28
Declaration of Marilee C. Wang in Support of the Motion to File Under Seal Case No. C08 00133 RMW (RS)

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I, Marilee C. Wang, declare as follows: I am an attorney with the law firm of Howrey LLP, counsel for Plaintiffs Hologic, Inc., Cytyc

3 Corporation and Hologic L.P. ("Hologic") in the above-captioned case. I am a member of the Bar of 4 this Court and make this declaration pursuant to Civil Local Rule 79-5(d) in support of Defendant 5 SenoRx, Inc.'s Motion to File Under Seal the Confidential Version of Defendant SenoRx, Inc.'s Reply 6 in Support of Its Motion for Partial Summary Judgment of Invalidity and Exhibit 3 to the supporting 7 Declaration of Adam D. Harber. (Docket No. 163). If called as a witness, I could and would testify 8 competently to the contents of this declaration. 9 1. SenoRx, Inc. ("SenoRx") has submitted a confidential version of Defendant SenoRx,

10 Inc.'s Reply in Support of Its Motion for Partial Summary Judgment of Invalidity in which several 11 statements describing Hologic's intellectual property are quoted from deposition testimony. These 12 passages are highlighted in yellow and contain information that is internal, confidential, and sensitive 13 to Hologic and its employees, and the unprotected distribution of this document in its unredacted form 14 to the general public could cause harm to Hologic and its employees. Accordingly, Hologic 15 respectfully requests that the Court authorize the filing under seal of the confidential version of 16 SenoRx's Reply in Support of Its Motion for Partial Summary Judgment of Invalidity. 17 2. Exhibit 3 to the Declaration of Adam D. Harber in Support of SenoRx's Reply in

18 Support of Its Motion for Partial Summary Judgment of Invalidity is a true and correct copy of 19 excerpts from the May 29, 2008 deposition transcript of Timothy J. Patrick. The document is marked 20 "Highly Confidential." The excerpts of Mr. Patrick's deposition provided in Exhibit 3 relates to 21 Hologic's intellectual property and is internal, confidential, and sensitive to Hologic and its employees, 22 and the unprotected distribution of this document in its unredacted form to the general public could 23 cause harm to Hologic and its employees. Accordingly, Hologic respectfully requests that the Court 24 authorize the filing under seal of Exhibit 3 to the Declaration of Adam D. Harber in Support of 25 SenoRx's Reply in Support of Its Motion for Partial Summary Judgment of Invalidity. 26 27 28
Declaration of Marilee C. Wang in Support of the Motion to File Under Seal Case No. C08 00133 RMW (RS) -1-

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I declare under penalty of perjury under the laws of the United States of America that the

2 forgoing is true and correct. Executed in East Palo Alto, California, on June 18, 2008. 3 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
Declaration of Marilee C. Wang in Support of the Motion to File Under Seal Case No. C08 00133 RMW (RS) -2-

/s/ Marilee C. Wang Marilee C. Wang

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 Marilee C. Wang (SBN 232432; [email protected]) HOWREY LLP 3 1950 University Avenue, 4th Floor East Palo Alto, California 94303 4 Telephone: (650) 798-3500 Facsimile: (650) 798-3600 5 Robert Ruyak 6 Matthew Wolf (Admitted Pro Hac Vice) Marc Cohn (Admitted Pro Hac Vice) 7 HOWREY LLP 1299 Pennsylvania Avenue, NW 8 Washington, DC 20004 Telephone: (202) 783-0800 9 Facsimile: (202) 383-6610 10 Attorneys for Plaintiffs HOLOGIC, INC., CYTYC CORPORATION and HOLOGIC L.P. 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 SAN JOSE DIVISION 14 Case No. C08 00133 RMW (RS) HOLOGIC, INC., CYTYC CORPORATION, 15 and HOLOGIC L.P., [PROPOSED] ORDER GRANTING Plaintiffs, MOTION TO FILE UNDER SEAL 16 CONFIDENTIAL VERSION OF vs. DEFENDANT SENORX, INC.'S REPLY IN 17 SUPPORT OF ITS MOTION FOR PARTIAL SUMMARY JUDGMENT OF INVALIDITY 18 SENORX, INC., AND EXHIBIT 3 TO THE SUPPORTING Defendant. DECLARATION OF ADAM D. HARBER 19 20 AND RELATED COUNTERCLAIMS. 21 22 23 24 25 26 27 28
[Proposed] Order Granting the Motion to File Under Seal Case No. C08 00133 RMW (RS)

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The Court, having considered Defendant SenoRx, Inc.'s Motion to File Under Seal the

2 Confidential Version of Defendant SenoRx, Inc.'s Reply in Support of Its Motion for Partial Summary 3 Judgment of Invalidity and Exhibit 3 to the supporting Declaration of Adam D. Harber (Docket No. 4 163) and the Declaration of Marilee C. Wang in support thereof, finds that good cause exists pursuant 5 to Civil L.R. 79-5 for the Motion and hereby orders that the Motion is GRANTED in its entirety. 6 The clerk shall maintain under seal the Confidential Version of Defendant SenoRx, Inc.'s

7 Reply in Support of Its Motion for Partial Summary Judgment of Invalidity and Exhibit 3 to the 8 supporting Declaration of Adam D. Harber. 9 10 11 Dated: _______________________, 2008 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
[Proposed] Order Granting the Motion to File Under Seal Case No. C08 00133 RMW (RS) -1-

It is SO ORDERED.

________________________________________ HON. RONALD M. WHYTE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA