Case 2:20-cv-07872-GW-PVC Document 341 Filed 05/04/24 Page 1 of 4 Page ID #:32431
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`QUINN EMANUEL URQUHART
` & SULLIVAN, LLP
`James R. Asperger (Bar No. 83188)
`jimasperger@quinnemanuel.com
`Rachael McCracken
`rachaelmccracken@quinnemanuel.com
`865 South Figueroa Street, 10th Floor
`Los Angeles, CA 90017-2543
`Telephone: (213) 443-3000
`Facsimile: (213) 443-3100
`
`QUINN EMANUEL URQUHART
` & SULLIVAN, LLP
`Kevin P.B. Johnson (Bar No. 177129)
`kevinjohnson@quinnemanuel.com
`Todd M. Briggs (Bar No. 209282)
`toddbriggs@quinnemanuel.com
`Brice C. Lynch (Bar No. 288567)
`bricelynch@quinnemanuel.com
`555 Twin Dolphin Drive, 5th Floor
`Redwood Shores, California 94065
`Telephone: (650) 801-5000
`Facsimile: (650) 801-5100
`
`QUINN EMANUEL URQUHART
` & SULLIVAN, LLP
`Eric Huang (pro hac vice)
`erichuang@quinnemanuel.com
`51 Madison Avenue, 22nd Floor
`New York, New York 10010
`Telephone: (212) 849-7000
`Facsimile: (212) 849-7100
`
`Attorneys for Plaintiffs
`NANTWORKS, LLC and NANT HOLDINGS IP, LLC
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`UNITED STATES DISTRICT COURT
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`FOR THE CENTRAL DISTRICT OF CALIFORNIA
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`NANTWORKS, LLC, a Delaware
`limited liability company, and NANT
`HOLDINGS IP, LLC, a Delaware
`limited liability company,
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`Plaintiffs,
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`BANK OF AMERICA
`CORPORATION, a Delaware
`corporation, and BANK OF
`AMERICA, N.A., a national banking
`association,
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`
`vs.
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`Defendants.
`
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` CASE NO. 2:20-cv-7872-GW-PVC
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`PLAINTIFFS’ APPLICATION TO
`FILE DOCUMENTS UNDER SEAL
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`Judge: Hon. George H. Wu
`Ctrm: 9D
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`Case No. 2:20-cv-7872-GW-PVC
`PLAINTIFFS’ APPLICATION TO FILE DOCUMENTS UNDER SEAL
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`Case 2:20-cv-07872-GW-PVC Document 341 Filed 05/04/24 Page 2 of 4 Page ID #:32432
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`PLEASE TAKE NOTICE that pursuant to Civil Local Rule 79-5, Plaintiffs
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`NantWorks, LLC, and Nant Holdings IP, LLC (collectively, “NantWorks”),
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`respectfully submit this application to the Court for an order sealing the materials
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`described below that are filed in connection with Plaintiffs’ Motion to Strike Portions
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`of the Rebuttal Expert Report of Dr. James Storer. This application pertains to the
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`following items:
` Exhibits A through M to the Declaration of Brice C. Lynch in Support of
`Plaintiffs’ Motion to Strike Portions of the Rebuttal Expert Report of Dr.
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`James Storer (the “Motion to Strike”).
` Memorandum of Law in support of Plaintiffs’ Motion to Strike.
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`As set forth in the Declaration of Brice C. Lynch in Support of Plaintiffs’
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`Application to File Under Seal submitted herewith, the material described above are:
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`a) The Rebuttal Expert Report of Dr. James Storer served by Defendants Bank
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`of America Corporation and Bank of America N.A. (“BoA”) which BoA has
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`designated as “Highly Confidential – Attorney Eyes Only” and “Highly
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`Confidential – Source Code”;
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`b) The Preliminary Infringement Contentions cover pleading served by
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`NantWorks, which contains NantWorks’ infringement theory that includes
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`potentially sensitive information about the accused products in this case;
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`c) Exhibits 1, 2, 3, and 5 attached to the Revised Infringement Contentions
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`served by NantWorks which NantWorks has designated as “Highly
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`Confidential – Attorneys’ Eyes Only”;
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`d) The Preliminary Final Infringement Contentions cover pleading served by
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`NantWorks, which contains NantWorks’ infringement theory that includes
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`potentially sensitive information about the accused products in this case;
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`-1-
`Case No. 2:20-cv-7872-GW-PVC
`PLAINTIFFS’ APPLICATION TO FILE DOCUMENTS UNDER SEAL
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`Case 2:20-cv-07872-GW-PVC Document 341 Filed 05/04/24 Page 3 of 4 Page ID #:32433
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`e) The Second Supplemental Responses to BoA’s Fifth Set of Interrogatories
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`(29) served by NantWorks which NantWorks has designated as “Highly
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`Confidential – Attorneys Eyes Only”;
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`f) The Supplemental Responses to NantWorks’s First Set of Interrogatories
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`(Nos. 4-5) served by BoA which BoA has designated as “Highly Confidential
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`– Attorneys’ Eyes Only”;
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`g) The letter to BoA regarding portions of Dr. James Storer’s opinions disclosed
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`in his rebuttal expert report served by NantWorks which contains information
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`BoA has designated as “Highly Confidential – Attorney Eyes Only”;
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`h) The letter to NantWorks regarding Dr. James Storer’s opinions included in his
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`rebuttal expert report served by BoA which BoA has designated as “Highly
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`Confidential – Attorney’s Eyes Only”;
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`i) The Expert Report of Dr. Dan Schonfeld served by NantWorks which
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`NantWorks has designated as “Contains Highly Confidential Source Code –
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`Attorneys’ Eyes Only”;
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`j) The deposition transcript of Dr. James Storer from March 29, 2024, which
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`BoA has designated as “Highly Confidential, Attorneys’ Eyes Only” and
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`“Highly Confidential Source Code – Attorneys’ Eyes Only”;
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`k) The Memorandum of Law in support of Plaintiffs’ Motion to Strike which
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`contains quotations from, references to, and descriptions of statements made
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`in the above referenced documents.
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`Pursuant to L.R. 79-5.2.2, NantWorks conferred with BoA and BoA
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`confirmed that they do not object sealing these materials to be filed with NantWorks’
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`Motion to Strike.
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`Accordingly, NantWorks respectfully requests for an order permitting that:
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`i. Exhibits A through M to Plaintiffs’ Motion to Strike be filed under seal;
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`ii. The unredacted version of Memorandum of Law in support of
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`Plaintiffs’ Motion to Strike be filed under seal.
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`-2-
`Case No. 2:20-cv-7872-GW-PVC
`PLAINTIFFS’ APPLICATION TO FILE DOCUMENTS UNDER SEAL
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`Case 2:20-cv-07872-GW-PVC Document 341 Filed 05/04/24 Page 4 of 4 Page ID #:32434
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`Respectfully submitted,
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`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`
`By
`/s/ Todd M. Briggs
`James R. Asperger
`Kevin P.B. Johnson
`Todd M. Briggs
`Eric Huang
`Brice C. Lynch
`
`Attorneys for Plaintiff, NANTWORKS,
`LLC and NANT HOLDINGS IP, LLC
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`-3-
`Case No. 2:20-cv-7872-GW-PVC
`PLAINTIFFS’ APPLICATION TO FILE DOCUMENTS UNDER SEAL
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`DATED: May 3, 2024
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