Free Declaration in Support - District Court of California - California

Case 5:08-cv-00133-RMW

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Filed 04/28/2008

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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 L.P. 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 SENORX, INC.'S ADMINISTRATIVE MOTION TO FILE UNDER SEAL EXHIBITS 33 AND 36 TO THE DECLARATION OF ADAM D. HARBER IN SUPPORT OF SENORX, INC.'S OPPOSITION TO PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION AND SUBMITTED PURSUANT TO PERMISSION GRANTED AT HEARING

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

REY LLP

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I, Katharine L. Altemus, 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. 4 (collectively, "Hologic"). If called upon to testify, I could and would competently testify as to the 5 matters set forth herein. 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 Motion to Seal Case No. C08 00133 RMW (RS) -1-

1. Exhibit 33 to the Declaration of Adam D. Harber In Support of Defendant SenoRx, Inc.'s Opposition to Plaintiffs' motion for Preliminary Injunction (Submitted Pursuant To Permission Granted At Hearing Of April 21, 2008) contains excerpts from the transcript of the April 18, 2008 deposition of Martin Keisch. These excerpts contain information that is internal, confidential, and sensitive to Hologic and its employees, and the unprotected distribution of this document in its unredacted form to the general public could cause harm to Hologic and its employees. 2. Exhibit 36 to the Declaration of Adam D. Harber In Support of Defendant SenoRx, Inc.'s Opposition to Plaintiffs' motion for Preliminary Injunction (Submitted Pursuant To Permission Granted At Hearing Of April 21, 2008) contains excerpts from the transcript of the April 15, 2008 deposition of Julie L. Davis. These excerpts on pages labeled "confidential" contain information that is internal, confidential, and sensitive to Hologic and its employees (and/or information designated by SenoRx as its confidential business information). The unprotected distribution of this document in its unredacted form to the general public could cause harm to Hologic and its employees. 3. To date, the parties have not executed a Protective Order that governs how the confidential and proprietary information produced during discovery shall be treated by the parties. Until such a Protective Order has been executed and entered by the Court, such confidential and proprietary materials are, by operation of Patent Local Rule 2-2 deemed to be "Confidential­Attorneys Eyes Only" materials, unless otherwise agreed by the parties.

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4. In compliance with Northern District Civil Local Rule 79-5(d), Hologic wishes to withhold from the public versions of these transcripts that reference confidential business information. I declare under penalty of perjury under the laws of the United States and the State of

5 California that the foregoing is true and correct. 6 Dated: April 28, 2008 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 Motion to Seal Case No. C08 00133 RMW (RS) -2-

HOWREY LLP

By:

/s/ Katharine L. Altemus

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

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) [PROPOSED] ORDER GRANTING ADMINISTRATIVE MOTION TO FILE UNDER SEAL

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

REY LLP

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

2 File Under Seal and the Declaration of Katharine L. Altemus In Support Of SenoRx, Inc.'s 3 Administrative Motion To File Under Seal finds that good cause exists pursuant to Civil Local Rule 4 79-5(d) and hereby orders that Defendant's Motion to Seal Exhibits 33 and 36 attached to the 5 Declaration of Adam D. Harber In Support of Defendant SenoRx, Inc.'s Opposition to Plaintiffs' 6 motion for Preliminary Injunction (Submitted Pursuant To Permission Granted At Hearing Of April 7 21, 2008) is GRANTED. 8 The Clerk shall maintain under seal Exhibits 33 and 36 attached to the Declaration of Adam D.

9 Harber In Support of Defendant SenoRx, Inc.'s Opposition to Plaintiffs' motion for Preliminary 10 Injunction (Submitted Pursuant To Permission Granted At Hearing of April 21, 2008). 11 12 13 14 Dated: _________________________ 15 16 17 18 19 20 21 22 23 24 25 26 27 28
[Proposed] Order Granting Motion to Seal Case No. C08 00133 RMW (RS) -1-

IT IS SO ORDERED.

_________________________________ Honorable Ronald M. Whyte United States District Court Judge