Case 2:20-cv-07872-GW-PVC Document 309 Filed 03/27/24 Page 1 of 8 Page ID #:16564
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`UNITED STATES DISTRICT COURT
`FOR THE CENTRAL DISTRICT OF CALIFORNIA
`
`Case No. CV 20-7872-GW-PVCx
`
`Hon. George H. Wu
`
`ORDER GRANTING DEFENDANTS’
`APPLICATION TO FILE
`DOCUMENTS UNDER SEAL
`
`
`NANTWORKS, LLC, a Delaware
`limited liability company, and
`NANT HOLDINGS IP, LLC, a
`Delaware limited liability company,
`
`Plaintiffs,
`
`vs.
`
`BANK OF AMERICA
`CORPORATION, a Delaware
`corporation, and BANK OF
`AMERICA, N.A., a national banking
`association,
`
`
`
`
`Defendants.
`
`
`
`1
`
`[PROPOSED] ORDER GRANTING APPLICATION TO SEAL
`CASE NO. 2:20-CV-07872-GW-PVC
`
`

`

`Case 2:20-cv-07872-GW-PVC Document 309 Filed 03/27/24 Page 2 of 8 Page ID #:16565
`Case 2:20-cv-07872-GW-PVC Document 309 Filed 03/27/24 Page2of8 Page ID #:16565
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`CoONDnF&FWWNYO
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`Uponconsideration of the Defendants BANK OF AMERICA CORPORATION
`
`and BANK OF AMERICA,N.A.’s (collectively, “Defendants”) Unopposed
`
`Application to File Under Seal, and for good cause shown,the Court herebyrules as
`
`follows:
`
`IT IS HEREBY ORDEREDthat Defendants’ Application to File Under Sealis
`
`GRANTEDandthe following documents and portions of documents maybefiled
`
`underseal.
`
`
`
`DocumentDescription
`
`Nature of Information to be Sealed
`
`Memorandum in Support of the Motion
`
`Designated by Defendants inits entirety
`
`to Strike
`
`as “HIGHLY CONFIDENTIAL —
`
`ATTORNEYS’ EYES ONLY,” and
`
`contains excerpts of documents
`
`designated by Bank of America and
`
`third-party Mitek as “Highly
`
`Confidential — Attorneys’ Eyes Only.”
`
`Plaintiffs and Mitek do not oppose
`
`sealing this documentin its entirety.
`
`Exhibit 1 to the Declaration of Danielle
`
`Designated by Plaintiffs as “CONTAINS
`
`Williams in Support of the Motion to
`
`HIGHLY CONFIDENTIAL SOURCE
`
`Strike: Excerpts of the Expert Report of
`
`CODE — ATTORNEYS’ EYES ONLY”
`
`Dan Schonfeld Regarding the
`
`underthe parties’ stipulated protective
`
`Infringement of the Asserted Claims.
`
`orders (Dkt. Nos. 102, 210), and contains
`
`excerpts of documents designated by
`
`Bank of America and third-party Mitek
`
`as “Highly Confidential — Attorneys’
`
`Eyes Only.” Plaintiffs and Mitek do not
`
`opposesealing this exhibit in its entirety.
`
`
`
`[PROPOSED] ORDER GRANTING APPLICATION TO SEAL
`CASE NO.2:20-CV-07872-GW-PVC
`
`

`

`Case 2:20-cv-07872-GW-PVC Document 309 Filed 03/27/24 Page 3 of 8 Page ID #:16566
`Case 2:20-cv-07872-GW-PVC Document 309 Filed 03/27/24 Page 3o0f8 Page ID #:16566
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`CoONDnF&FWWNYO
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`Nature of Information to be Sealed
`
`Exhibit 2 to the Declaration of Danielle
`
`Designated by Plaintiffs as “HIGHLY
`
`Williams in Support of the Motion to
`
`CONFIDENTIAL — ATTORNEYS’
`
`Strike: March 1, 2024 Letter from Brice
`
`EYES ONLY”underthe parties’
`
`Lynch.
`
`stipulated protective orders (Dkt. Nos.
`
`102, 210).
`
`Exhibit 3 to the Declaration of Danielle
`
`Designated by Plaintiffs as “HIGHLY
`
`Williams in Support of the Motion to
`
`CONFIDENTIAL — ATTORNEY EYES
`
`Strike: Plaintiffs’ Third Supplemental
`
`ONLY”underthe parties’ stipulated
`
`protective orders (Dkt. Nos. 102, 210).
`
`Third Set of Interrogatories (17 and 21).
`
`Exhibit 4 to the Declaration of Danielle
`
`Designated by Plaintiffs as “HIGHLY
`
`Williams in Support of the Motion to
`
`CONFIDENTIAL — ATTORNEY EYES
`
`Strike: Excerpts of Plaintiffs’ Corrected
`
`ONLY”underthe parties’ stipulated
`
`Third Supplemental Objections and
`
`protective orders (Dkt. Nos. 102, 210).
`
`Responses to Defendants Third Set of
`
`Interrogatories (responding to 21).
`
`Objections and Responses to Defendants
`
` Supplemental Objections and Responses
`
`NOhwoNONONHNNYNHNHNHNHeKFKFKFKFKFOFOOEe=|onDnFPWwWNYKFCOUOWNDNfFWWNYKFCO
`
`Exhibit 5 to the Declaration of Danielle
`
`Designated by Plaintiffs as “HIGHLY
`
`Williams in Support of the Motion to
`
`CONFIDENTIAL — ATTORNEY EYES
`
`Strike: Excerpts of Plaintiffs’ Second
`
`ONLY”underthe parties’ stipulated
`
`Supplemental Objections and Responses
`
`protective orders (Dkt. Nos. 102, 210).
`
`to Defendants Third Set of
`
`Interrogatories (responding to 22).
`
`Exhibit 6 to the Declaration of Danielle
`
`Designated by Plaintiffs as “HIGHLY
`
`Williams in Support of the Motion to
`
`CONFIDENTIAL — ATTORNEY EYES
`
`Strike: Excerpts of Plaintiffs’ Second
`
`ONLY”underthe parties’ stipulated
`
`protective orders (Dkt. Nos. 102, 210).
`
`[PROPOSED] ORDER GRANTING APPLICATION TO SEAL
`CASE NO.2:20-CV-07872-GW-PVC
`
`

`

`Case 2:20-cv-07872-GW-PVC Document 309 Filed 03/27/24 Page 4 of 8 Page ID #:16567
`Case 2:20-cv-07872-GW-PVC Document 309 Filed 03/27/24 Page 4of8 Page ID #:16567
`
`Nature of Information to be Sealed
`
`(29).
`
`to Defendants Fifth Set of Interrogatories
`
`
`
`NOhwoNONONHNNYNHNHNHNHeKFKFKFKFKFOFOOEe=|onDnFPWwWNYKFCOUOWNDNfFWWNYKFCO
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`CoONDnF&FWWNYO
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`Exhibit 8 to the Declaration of Danielle
`
`Designated by Bank of America inits
`
`Williams in Support of the Motion to
`
`entirety as “HIGHLY CONFIDENTIAL
`
`Strike: Transcript of the October 10,
`
`— ATTORNEYS’ EYES ONLY”and
`
`2023 Deposition of Pavan Chayanam
`
`“CONTAINS HIGHLY
`
`CONFIDENTIAL — SOURCE CODE”.
`
`Exhibit 9 to the Declaration of Danielle
`
`Designated by Bank of America inits
`
`Williams in Support of the Motion to
`
`entirety as “HIGHLY CONFIDENTIAL
`
`Strike: Transcript of the October 19,
`
`— ATTORNEYS’ EYES ONLY”and
`
`2023 Deposition of Charles Christopher
`
`“CONTAINS HIGHLY
`
`Harbinson
`
`CONFIDENTIAL — SOURCE CODE”
`
`Exhibit 10 to the Declaration of Danielle
`
`Designated by Mitek Systems,Inc. in its
`
`Williams in Support of the Motion to
`
`entirety as “HIGHLY CONFIDENTIAL
`
`Strike: Transcript of the November16,
`
`— ATTORNEYS’ EYES ONLY”and
`
`2023 Deposition of Fred Fortaleza
`
`“HIGHLY CONFIDENTIAL —
`
`Fernandez,Jr.
`
`SOURCE CODE”
`
`Exhibit 11 to the Declaration of Danielle
`
`Designated by Plaintiffs in its entirety as
`
`Williams in Support of the Motion to
`
`“HIGHLY CONFIDENTIAL —
`
`Strike: Plaintiffs’ Preliminary Final
`
`ATTORNEYS’ EYES ONLY”and
`
`Infringement Contentions, Exhibit 1 —
`
`“HIGHLY CONFIDENTIAL —
`
`°278 Final Infringement Claim Chart
`
`SOURCE CODE,”and contains excerpts
`
`of documents designated by Bank of
`
`America and third-party Mitek as
`
`“Highly Confidential — Attorneys’ Eyes
`
`Only.” Plaintiffs and Mitek do not
`
`[PROPOSED] ORDER GRANTING APPLICATION TO SEAL
`CASE NO.2:20-CV-07872-GW-PVC
`
`

`

`Case 2:20-cv-07872-GW-PVC Document 309 Filed 03/27/24 Page 5 of 8 Page ID #:16568
`Case 2:20-cv-07872-GW-PVC Document 309 Filed 03/27/24 Page5of8 Page ID #:16568
`
`CoONDnF&FWWNYO
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`Nature of Information to be Sealed
`
`opposesealing this exhibitin its entirety.
`
`Exhibit 12 to the Declaration of Danielle
`
`Designated by Plaintiffs in its entirety as
`
`Williams in Support of the Motion to
`
`“HIGHLY CONFIDENTIAL —
`
`Strike: Plaintiffs’ Preliminary Final
`
`ATTORNEYS’ EYES ONLY”and
`
`Infringement Contentions, Exhibit 2 —
`
`“HIGHLY CONFIDENTIAL —
`
`°529 Final Infringement Claim Chart
`
`SOURCE CODE,”andcontains excerpts
`
`of documents designated by Bank of
`
`America and third-party Mitek as
`
`“Highly Confidential — Attorneys’ Eyes
`
`Only.” Plaintiffs and Mitek do not
`
`opposesealing this exhibitin its entirety.
`
` °004 Final Infringement Claim Chart
`SOURCE CODE,”andcontains excerpts
`NOhwoNONONHNNYNHNHNHNHeKFKFKFKFKFOFOOEe=|onDnFPWwWNYKFCOUOWNDNfFWWNYKFCO
`
`SOURCE CODE,”andcontains excerpts
`
`Exhibit 13 to the Declaration of Danielle
`
`Designated by Plaintiffs in its entirety as
`
`Williams in Support of the Motion to
`
`“HIGHLY CONFIDENTIAL —
`
`Strike: Plaintiffs’ Preliminary Final
`
`ATTORNEYS’ EYES ONLY”and
`
`Infringement Contentions, Exhibit 3 —
`
`“HIGHLY CONFIDENTIAL —
`
`°252 Final Infringement Claim Chart
`
`of documents designated by Bank of
`
`America and third-party Mitek as
`
`“Highly Confidential — Attorneys’ Eyes
`
`Only.” Plaintiffs and Mitek do not
`
`opposesealing this exhibitin its entirety.
`
`Exhibit 14 to the Declaration of Danielle
`
`Designated by Plaintiffs in its entirety as
`
`Williams in Support of the Motion to
`
`“HIGHLY CONFIDENTIAL —
`
`Strike: Plaintiffs’ Preliminary Final
`
`ATTORNEYS’ EYES ONLY”and
`
`Infringement Contentions, Exhibit 5 —
`
`“HIGHLY CONFIDENTIAL —
`
`[PROPOSED] ORDER GRANTING APPLICATION TO SEAL
`CASE NO.2:20-CV-07872-GW-PVC
`
`

`

`Case 2:20-cv-07872-GW-PVC Document 309 Filed 03/27/24 Page 6 of 8 Page ID #:16569
`Case 2:20-cv-07872-GW-PVC Document 309 Filed 03/27/24 Page6of8 Page ID #:16569
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`Nature of Information to be Sealed
`
`of documents designated by Bank of
`
`America and third-party Mitek as
`
`“Highly Confidential — Attorneys’ Eyes
`
`Only.” Plaintiffs and Mitek do not
`
`opposesealing this exhibitin its entirety.
`
`Exhibit 20 to the Declaration of Danielle
`
`Designated by Plaintiffs in its entirety as
`
`Williams in Support of the Motion to
`
`“HIGHLY CONFIDENTIAL —
`
`Strike: Plaintiffs’ Preliminary Final
`
`ATTORNEYS’ EYES ONLY”and
`
`Infringement Contentions, Exhibit 6 -
`
`“HIGHLY CONFIDENTIAL —
`
`'036 Final Infringement Claim Chart
`
`of documents designated by Bank of
`
`America and third-party Mitek as
`
`“Highly Confidential — Attorneys’ Eyes
`
`Only.” Plaintiffs and Mitek do not
`
`opposesealing this exhibitin its entirety.
`
` Exhibit 24 to the Declaration of Danielle
`
`NOhwoNONONHNNYNHNHNHNHeKFKFKFKFKFOFOOEe=|onDnFPWwWNYKFCOUOWNDNfFWWNYKFCO
`
`SOURCE CODE,”andcontains excerpts
`
`CoONDnF&FWWNYO
`
`Exhibit 22 to the Declaration of Danielle
`
`Designated by Defendants inits entirety
`
`Williams in Support of the Motion to
`
`as “HIGHLY CONFIDENTIAL —
`
`Strike: Defendants’ October 17, 2023
`
`ATTORNEYS’ EYES ONLY”.
`
`Supplemental Objections and Responses
`
`to Plaintiffs’ First Set of Interrogatories
`
`(Nos. 4 and 5).
`
`Exhibit 23 to the Declaration of Danielle
`
`Designated by Defendants inits entirety
`
`Williams in Support of the Motion to
`
`as “HIGHLY CONFIDENTIAL —
`
`Strike: 8/19/23 Letter from D. Williams
`
`ATTORNEYS’ EYES ONLY”.
`
`to E. Huang
`
`Designated by Defendants in its entirety
`
`[PROPOSED] ORDER GRANTING APPLICATION TO SEAL
`CASE NO.2:20-CV-07872-GW-PVC
`
`

`

`Case 2:20-cv-07872-GW-PVC Document 309 Filed 03/27/24 Page 7 of 8 Page ID #:16570
`Case 2:20-cv-07872-GW-PVC Document 309 Filed 03/27/24 Page 7of8 Page ID #:16570
`
`Williams in Support of the Motion to
`
`as “HIGHLY CONFIDENTIAL —
`
`Strike: Expert Report and Disclosure of
`
`ATTORNEYS’ EYES ONLY,”and
`
`Nature of Information to be Sealed
`
`Dawn Hall
`
`contains excerpts of documents
`
`designated by Bank of America and
`
`third-party Mitek as “Highly
`
`Confidential — Attorneys’ Eyes Only.”
`
`Plaintiffs and Mitek do not oppose
`
`sealing this exhibitin its entirety.
`
`
`
`NOhwoNONONHNNYNHNHNHNHeKFKFKFKFKFOFOOEe=|onDnFPWwWNYKFCOUOWNDNfFWWNYKFCO
`
`opposesealing this exhibitin its entirety.
`
`CoONDnF&FWWNYO
`
`Exhibit 25 to the Declaration of Danielle
`
`Designated by Defendants inits entirety
`
`Williams in Support of the Motion to
`
`as “HIGHLY CONFIDENTIAL —
`
`Strike: Expert Report of JamesStorer,
`
`ATTORNEYS’ EYES ONLY,”and
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`Ph.D Regarding Non-Infringing
`
`contains excerpts of documents
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`Alternatives to Certain Claims of U.S.
`
`designated by Bank of America and
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`Patents Nos. 7,881,529, 7,899,252,
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`third-party Mitek as “Highly
`
`8,478,036, 9,031,278, and 9,324,004
`
`Confidential — Attorneys’ Eyes Only.”
`
`Plaintiffs and Mitek do not oppose
`
`sealing this exhibitin its entirety.
`
`Exhibit 26 to the Declaration of Danielle
`
`Designated by Defendants inits entirety
`
`Williams in Support of the Motion to
`
`as “HIGHLY CONFIDENTIAL —
`
`Strike: Rebuttal Report of Dawn Hall
`
`OUTSIDE ATTORNEYS’ EYES
`
`ONLY,”and contains excerpts of
`
`documents designated by Bank of
`
`America and third-party Mitek as
`
`“Highly Confidential — Attorneys’ Eyes
`
`Only.” Plaintiffs and Mitek do not
`
`[PROPOSED] ORDER GRANTING APPLICATION TO SEAL
`CASE NO.2:20-CV-07872-GW-PVC
`
`

`

`Case 2:20-cv-07872-GW-PVC Document 309 Filed 03/27/24 Page 8 of 8 Page ID #:16571
`Case 2:20-cv-07872-GW-PVC Document 309 Filed 03/27/24 Page 8of8 Page ID #:16571
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`
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`‘0
`tI
`-
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`° Exhibit 27 to the Declaration ofDanielle|Designated by Defendantsinits entirety
`
`; Williams in Support ofthe Motion to
`as “HIGHLY CONFIDENTIAL —
`
`‘ Strike: Rebuttal Expert Report ofJames|OUTSIDE ATTORNEYS’ EYES
`°
`Storer, PHD.
`ONLY”and “HIGHLY
`°
`CONFIDENTIAL — SOURCE CODE,”
`’
`and contains excerpts ofdocuments
`.
`designated by Bank ofAmerica and
`third-party Mitek as “Highly
`Confidential — Attorneys’ Eyes Only.”
`Plaintiffs and Mitek do not oppose
`sealing this exhibit in its entirety.
`
`
`
`
`
`16|DATED:March 27, 2024 By A).“yt KK, Vi—
`
`14
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`IT IS SO ORDERED.
`
`
`M7
`HON. GEORGEH. WU,
`18
`United States District Judge
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`[PROPOSED] ORDER GRANTING APPLICATION TO SEAL
`CASE NO.2:20-CV-07872-GW-PVC
`
`