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Case 5:05-cv-03649-JW Document 120 Filed 05/07/2007 Page 1 of 4
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Google Inc.’s Notice of Administrative Motion and Motion for Leave to File Documents Under Seal
CASE NO. 05-03649
41063-0023/LEGAL13215796.1
Dockets.Justia.com
Case 5:05-cv-03649-JW Document 120 Filed 05/07/2007 Page 2 of 4
4 PLEASE TAKE NOTICE that on June 11, 2007, at 9:00 a.m., or at such later date and
5 time as the Court may order, in Courtroom 8 of the United States District Court for the Northern
6 District of California, San Jose Division, defendant Google Inc. (“Google”) will move for an
7 order sealing the following documents in support of Google’s Supplemental Brief in Support of
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By: /S/
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M. Christopher Jhang
17 Attorneys for Defendant Google Inc.
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Google Inc.’s Notice of Administrative Motion and Motion for Leave to File Documents Under Seal
CASE NO. 05-03649
41063-0023/LEGAL13215796.1
Case 5:05-cv-03649-JW Document 120 Filed 05/07/2007 Page 3 of 4
13 Good cause exists justifying the filing of the above pleadings and exhibits under seal
14 because these pleadings and exhibits contain, discuss, or refer to Google’s trade secret and/or
15 confidential competitive and business information. Google’s Supplemental Brief and the
16 supporting declaration contain, discuss, or refer to specific trade secret and/or confidential
17 competitive and business information of Google. In addition, Exhibits A-D of the Supplemental
18 Jhang Declaration also contain, discuss, or refer to Google’s trade secret and/or confidential
19 competitive and business information. Accordingly, Google could be irreparably harmed if such
21 II. ARGUMENT
22 A. Good Cause Exists to Protect Google’s Trade Secret and/or
Confidential Business and Competitive Information.
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Upon a showing of good cause, a court may make any order that justice requires to
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protect a party, including an order “that a trade secret or other confidential research,
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development, or commercial information not be revealed or be revealed only in a designated
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way.” FED. R. CIV. P. 26(c)(7). In particular, a court may order that court documents be filed
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Google Inc.’s Notice of Administrative Motion and Motion for Leave to File Documents Under Seal
CASE NO. 05-03649
41063-0023/LEGAL13215796.1
Case 5:05-cv-03649-JW Document 120 Filed 05/07/2007 Page 4 of 4
1 under seal where such good cause is shown to override the public’s right to access. See San Jose
2 Mercury News, Inc. v. U.S. Dist. Ct., 187 F.3d 1096, 1103 (9th Cir. 1999). The factors relevant to
3 a determination of whether the presumption of access is overcome include “the public interest in
4 understanding the judicial process and whether disclosure of the material could result in
5 improper use of the material for . . . infringement upon trade secrets.” Hagestad v. Tragesser, 49
6 F.3d 1430, 1433-34 (9th Cir. 1995) (“Every court has supervisory power over its own records and
7 files, and access has been denied where court files might have become a vehicle for improper
9 Good cause exists for this Court to grant this Miscellaneous Administrative Request.
10 Google seeks to file under seal documents which contain, discuss, or refer to Google’s trade
11 secret and/or confidential business and competitive information. If any of this trade secret and/or
12 confidential information is not sealed and is permitted to be in the public record, Google may
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By: /S/
26 M. Christopher Jhang
27 Attorneys for Defendant Google Inc.
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Google Inc.’s Notice of Administrative Motion and Motion for Leave to File Documents Under Seal
CASE NO. 05-03649
41063-0023/LEGAL13215796.1