Free Motion to Seal - District Court of California - California

Case 5:08-cv-00133-RMW

Document 159

Filed 06/06/2008

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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 (Admitted Pro Hac Vice) 6 Marc Cohn (Admitted Pro Hac Vice) HOWREY LLP 7 1299 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) AMENDED1 ADMINISTRATIVE MOTION TO FILE UNDER SEAL CONFIDENTIAL VERSION OF OPPOSITION BRIEF AND EXHIBITS A, D THROUGH P, S, AND T TO THE DECLARATION OF HENRY C. SU IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANT SENORX, INC.'S MOTION FOR PARTIAL SUMMARY JUDGMENT OF NON-INFRINGEMENT (`813 PATENT, CLAIMS 11 & 12; `204 PATENT, CLAIMS 4 & 17; AND `142 PATENT, CLAIM 6) [CIVIL LOCAL RULE 79-5(b)-(d)] Date: Time: Room: Judge: AND RELATED COUNTERCLAIMS. June 25, 2008 2:00 p.m. 6, 4th Floor Hon. Ronald M. Whyte

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
1

This Motion amends Docket No. 152, filed June 4, 2008.

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

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PLEASE TAKE NOTICE pursuant to Civil Local Rule 79-5(b)-(d), Plaintiffs Hologic, Inc.,

2 Cytyc Corporation, and Hologic LP ("Plaintiffs" or "Hologic") hereby move the Court for an 3 administrative order to file under seal (1) the confidential version of Plaintiffs' Opposition to 4 Defendant SenoRx, Inc.'s Motion for Partial Summary Judgment of Non-Infringement ("Opposition 5 Brief"); and (2) Exhibits A, D through P, S, and T to the Declaration of Henry C. Su in Support of 6 Plaintiffs' Opposition to Defendant SenoRx, Inc.'s Motion for Partial Summary Judgment of Non7 Infringement. As required by Civil Local Rule 79-5(c), Hologic has created confidential and non8 confidential versions of its Opposition Brief, and has lodged with the Clerk both versions of the brief. 9 A portion of the Opposition Brief, and Exhibit N to the supporting Declaration of Henry C. Su,

10 contain confidential Hologic business information. The distribution to the general public of this 11 information could cause harm to Hologic. 12 A portion of the Opposition Brief, and Exhibits A, D though M, O, P, S, and T appear to

13 contain confidential SenoRx business information. 14 To date, the parties have not executed a Protective Order that governs how the confidential and

15 proprietary information produced during discovery shall be treated by the parties. Accordingly, until 16 such a Protective Order has been executed and entered by the Court, such confidential and proprietary 17 materials are by operation of Patent Local Rule 2-2 deemed to be "Confidential­Attorneys Eyes Only" 18 materials, unless otherwise agreed by the parties. In compliance with Northern District Civil Local 19 Rule 79-5(B) and (C), Hologic wishes to withhold from the public documents that contain or appear to 20 contain confidential business information. 21 22 \\ 23 24 25 26 27 28
Administrative Motion to File Under Seal Case No. C08 00133 RMW (RS) -1-

For the foregoing reasons, Hologic respectfully requests that the Court enter an order allowing

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1 Hologic to file under seal the confidential version of its Opposition Brief and Exhibits A, D through P, 2 S, and T to the supporting Declaration of Henry C. Su. 3 Dated: June 5, 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
Administrative Motion to File Under Seal Case No. C08 00133 RMW (RS) -2-

By: /s/ Henry C. Su

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

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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 (Admitted Pro Hac Vice) 6 Marc Cohn (Admitted Pro Hac Vice) HOWREY LLP 7 1299 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 L.P. 11 12 13 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case No. C08 00133 RMW (RS) DECLARATION OF GREGORY K. STOREY IN SUPPORT OF AMENDED ADMINISTRATIVE MOTION TO FILE UNDER SEAL CONFIDENTIAL VERSION OF OPPOSITION BRIEF AND EXHIBIT N TO THE DECLARATION OF HENRY C. SU IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANT SENORX, INC.'S MOTION FOR PARTIAL SUMMARY JUDGMENT OF NONINFRINGEMENT (`813 PATENT, CLAIMS 11 & 12; `204 PATENT, CLAIMS 4 & 17; AND `142 PATENT, CLAIM 6) [CIVIL LOCAL RULE 79-5(C) AND (D)] 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
Storey Decl ISO Amended Motion to Seal Case No. C08 00133 RMW (RS)

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I, Gregory K. Storey, declare as follows: 1. I am an associate with the law firm of Howrey LPP and a member of the Bar of this

3 Court. I serve as outside counsel for Plaintiffs Hologic, Inc., Cytyc Corporation, and Hologic, L.P. 4 ("Plaintiffs" or "Hologic"). I base this declaration on my personal knowledge, and if called to testify, I 5 could and would competently testify as to the matters set forth below. 6 2. I submit this declaration in support of Hologic's Amended Adminstrative Motion to Seal

7 (a) the confidential version of Plaintiffs' Opposition to Defendant Senorx, Inc.'s Motion for Partial 8 Summary Judgment of Non-Infringement (`813 Patent, Claims 11 & 12; `204 Patent, Claims 4 & 17; 9 and `142 Patent, Claim 6) ("Confidential Opposition Brief") and (b) Exhibit N to the supporting 10 Declaration of Henry C. Su. 11 3. Portions of the Confidential Opposition Brief, and Exhibit N to the supporting

12 Declaration of Henry C. Su, contain confidential Hologic business information. Both pertain to 13 deposition testimony that was designated "Highly Confidential - Outside Attorneys Eyes Only" 14 pursuant to Patent Local Rule 2-2. The distribution of this information to the public could cause harm 15 to Hologic. 16 4. I declare under penalty of perjury under the laws of the United States and the State of

17 California that the foregoing is true and correct. 18 19 20 21 22 23 24 25 26 27 28
Storey Decl ISO Amended Motion to Seal Case No. C08 00133 RMW (RS) -1-

Executed on June 5, 2007, in East Palo Alto, California.

By:

/s/ Gregory K. Storey

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

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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 (Admitted Pro Hac Vice) 6 Marc Cohn (Admitted Pro Hac Vice) HOWREY LLP 7 1299 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) [PROPOSED] ORDER GRANTING PLAINTIFFS' ADMINISTRATIVE MOTION TO FILE UNDER SEAL Date: June 25, 2008 Time: 2:00 p.m. Courtroom: 6, 4th Floor Judge: Hon. Ronald M. Whyte

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

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[PROPOSED] ORDER The Court, having considered Plaintiffs' Amended Administrative Motion To File Under Seal

3 Confidential Version of Opposition Brief and Exhibits A, D through P, S, and T to the Declaration of 4 Henry C. Su in Support of Plaintiffs' Opposition to Defendant SenoRx, Inc.'s Motion for Partial 5 Summary Judgment of Non-Infringement, finds that good cause exists pursuant to Civil L.R. 79-5 for 6 the Motion and hereby orders that the Motion is GRANTED in its entirety. 7 The clerk shall maintain under seal the confidential version of the Opposition Brief and

8 Exhibits A, D through P, S, and T to the Declaration of Henry C. Su in Support of Plaintiffs' 9 Opposition to Defendant SenoRx, Inc.'s Motion for Partial Summary Judgment of Non-Infringement. 10 11 12 Dated: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
[Proposed] Order re Motion to File Under Seal Case No. C08 00133 RMW (RS) -1-

It is SO ORDERED.

, 2008 Ronald M. Whyte United States District Court Judge