Case 2:20-cv-07872-GW-PVC Document 452 Filed 05/20/24 Page 1 of 12 Page ID #:57450
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`George C. Lombardi (pro hac vice)
`glombardi@winston.com
`WINSTON & STRAWN LLP
`35 West Wacker Drive
`Chicago, IL 60601-9703
`Telephone: (312) 558-5600
`Facsimile:
`(312) 558-5700
`
`E. Danielle T. Williams (pro hac vice)
`dwilliams@winston.com
`WINSTON & STRAWN LLP
`300 South Tryon Street, 16th Floor
`Charlotte, NC 28202
`Telephone: (704) 350-7700
`Facsimile:
`(704) 350-7800
`
`
`Attorneys for Defendants
`BANK OF AMERICA
`CORPORATION
`and BANK OF AMERICA, N.A.
`
`
`Dustin J. Edwards (pro hac vice)
`dedwards@winston.com
`WINSTON & STRAWN LLP
`800 Capitol St., Suite 2400
`Houston, TX 77002-2925
`Telephone: (713) 651-2600
`Facsimile:
`(713) 651-2700
`
`Diana Hughes Leiden (SBN: 267606)
`dhleiden@winston.com
`WINSTON & STRAWN LLP
`333 S. Grand Avenue, 38th Floor
`Los Angeles, CA 90071-1543
`Telephone: (213) 615-1700
`Facsimile:
`(213) 615-1750
`
`
`
`
`UNITED STATES DISTRICT COURT
`FOR THE CENTRAL DISTRICT OF CALIFORNIA
`Case No. 2:20-CV-7872-GW-PVC
`NantWorks, LLC, a Delaware limited
`liability company, and NANT
`
`HOLDINGS IP, LLC, a Delaware
`
`limited liability company,
`DEFENDANTS’ UNOPPOSED
`
`APPLICATION TO FILE
`Plaintiffs,
`DOCUMENTS UNDER SEAL
`
`vs.
`REGARDING DEFENDANTS’
`
`CONSOLIDATED MOTION FOR
`BANK OF AMERICA
`PARTIAL SUMMARY JUDGMENT
`CORPORATION, a Delaware
`corporation, and BANK OF AMERICA,
`OF NON-INFRINGEMENT AND NO
`N.A., a national banking association,
`WILLFULNESS
`
`
`Defendants.
`
`
`
`
`DEFENDANTS’ UNOPPOSED APPLICATION TO FILE DOCUMENTS UNDER SEAL REGARDING DEFENDANTS’ CONSOLIDATED MOTION FOR PARTIAL
`SUMMARY JUDGMENT OF NON-INFRINGEMENT AND NO WILLFULNESS
`CASE NO. 2:20-CV-07872-GW-PVC
`
`
`
`
`

`

`Case 2:20-cv-07872-GW-PVC Document 452 Filed 05/20/24 Page 2 of 12 Page ID #:57451
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`TO THE COURT, PLAINTIFFS AND THEIR ATTORNEYS OF RECORD:
`NOTICE IS HEREBY GIVEN that, pursuant to Local Rule 79-5.2.2(a)-(b),
`Defendants Bank of America Corporation and Bank of America, N.A. (collectively,
`“Defendants” or “Bank of America”), hereby request that this Court enter an order
`permitting them to file under seal the materials described below that are filed in
`connection with Defendants’ Consolidated Motion for Partial Summary Judgment of
`Non-Infringement and No Willfulness (the “Motion”):
`
`Document Description
`1. Exhibit 1 to the Declaration of E.
`Danielle T. Williams in Support of
`Defendants’ Unopposed Application
`to File Documents Under Seal
`Regarding the Motion: the Expert
`Report of Dan Schonfeld, Ph.D.,
`Regarding the Infringement of the
`Asserted Claims of U.S. Patent Nos.
`9,031,278, 7,881,529, 7,899,252,
`9,324,004, and 8,478,036, dated
`January 30, 2024, attached as Exhibit
`1 to the April 10, 2024, Deposition
`of Dan Schonfeld, Ph.D.
`2. Exhibit 2 to the Declaration of E.
`Danielle T. Williams in Support of
`Defendants’ Unopposed Application
`to File Documents Under Seal
`Regarding the Motion: excerpts of
`
`Nature of Information to be Sealed
`Designated by Plaintiffs as “CONTAINS
`HIGHLY CONFIDENTIAL SOURCE
`CODE – ATTORNEYS’ EYES ONLY”
`under the parties’ stipulated protective
`order (Dkt. No. 210), and contains or
`references information designated by
`Bank of America and third-party Mitek
`as “Highly Confidential – Attorneys’
`Eyes Only.” Plaintiffs and Mitek do not
`oppose sealing this exhibit.
`
`Designated by Defendants as “HIGHLY
`CONFIDENTIAL – ATTORNEYS’
`EYES ONLY” under the parties’
`stipulated protective order (Dkt. No.
`210).
`
`1
`DEFENDANTS’ UNOPPOSED APPLICATION TO FILE DOCUMENTS UNDER SEAL REGARDING DEFENDANTS’ CONSOLIDATED MOTION FOR PARTIAL
`SUMMARY JUDGMENT OF NON-INFRINGEMENT AND NO WILLFULNESS
`CASE NO. 2:20-CV-07872-GW-PVC
`
`
`
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`

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`Case 2:20-cv-07872-GW-PVC Document 452 Filed 05/20/24 Page 3 of 12 Page ID #:57452
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`Document Description
`the transcript of the April 10, 2024,
`deposition of Dan Schonfeld, Ph.D.
`3. Exhibit 3 to the Declaration of E.
`Danielle T. Williams in Support of
`Defendants’ Unopposed Application
`to File Documents Under Seal
`Regarding the Motion: excerpts of
`the transcript of the April 11, 2024,
`deposition of Dan Schonfeld, Ph.D.
`4. Exhibit 4 to the Declaration of E.
`Danielle T. Williams in Support of
`Defendants’ Unopposed Application
`to File Documents Under Seal
`Regarding the Motion: Rebuttal
`Expert Report of James Storer,
`Ph.D., attached as Exhibit A to the
`Declaration of James Storer, Ph.D.
`
`5. Exhibit 5 to the Declaration of E.
`Danielle T. Williams in Support of
`Defendants’ Unopposed Application
`to File Documents Under Seal
`Regarding the Motion: excerpts of
`the transcript of the October 19,
`2023, deposition of Chris Harbinson.
`
`Nature of Information to be Sealed
`
`Designated by Defendants as “HIGHLY
`CONFIDENTIAL – ATTORNEYS’
`EYES ONLY” under the parties’
`stipulated protective orders (Dkt. No.
`210).
`
`Designated by Defendants in its entirety
`as “HIGHLY CONFIDENTIAL –
`ATTORNEYS’ EYES ONLY” and
`“HIGHLY CONFIDENTIAL –
`SOURCE CODE,” and contains excerpts
`of documents designated by Bank of
`America and third-party Mitek as
`“Highly Confidential – Attorneys’ Eyes
`Only” (Dkt. No. 210). Mitek does not
`oppose sealing this exhibit.
`Designated by Defendants as “HIGHLY
`CONFIDENTIAL – ATTORNEYS’
`EYES ONLY” under the parties’
`stipulated protective orders (Dkt. No.
`210).
`
`2
`DEFENDANTS’ UNOPPOSED APPLICATION TO FILE DOCUMENTS UNDER SEAL REGARDING DEFENDANTS’ CONSOLIDATED MOTION FOR PARTIAL
`SUMMARY JUDGMENT OF NON-INFRINGEMENT AND NO WILLFULNESS
`CASE NO. 2:20-CV-07872-GW-PVC
`
`
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`

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`Case 2:20-cv-07872-GW-PVC Document 452 Filed 05/20/24 Page 4 of 12 Page ID #:57453
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`Document Description
`6. Exhibit 6 to the Declaration of E.
`Danielle T. Williams in Support of
`Defendants’ Unopposed Application
`to File Documents Under Seal
`Regarding the Motion: excerpts of
`the transcript of the October 10,
`2023, deposition of Pavan
`Chayanam.
`7. Exhibit 7 to the Declaration of E.
`Danielle T. Williams in Support of
`Defendants’ Unopposed Application
`to File Documents Under Seal
`Regarding the Motion: excerpts of
`the transcript of the November 16,
`2023, deposition of Fred Fernandez.
`8. Exhibit 8 to the Declaration of E.
`Danielle T. Williams in Support of
`Defendants’ Unopposed Application
`to File Documents Under Seal
`Regarding the Motion: document
`bearing the Bates number of
`BOFA00030781–824.
`9. Exhibit 9 to the Declaration of E.
`Danielle T. Williams in Support of
`Defendants’ Unopposed Application
`to File Documents Under Seal
`
`Nature of Information to be Sealed
`Designated by Defendants as “HIGHLY
`CONFIDENTIAL – ATTORNEYS’
`EYES ONLY” under the parties’
`stipulated protective orders (Dkt. No.
`210).
`
`Designated by third-party Mitek as
`“HIGHLY CONFIDENTIAL –
`ATTORNEYS’ EYES ONLY” and
`“HIGHLY CONFIDENTIAL –
`SOURCE CODE” (Dkt. No. 210). Mitek
`does not oppose sealing this exhibit.
`
`Designated by Defendants in its entirety
`as “HIGHLY CONFIDENTIAL –
`ATTORNEYS’ EYES ONLY” (Dkt. No.
`210).
`
`Designated by Defendants in its entirety
`as “HIGHLY CONFIDENTIAL –
`ATTORNEYS’ EYES ONLY” (Dkt. No.
`210).
`
`3
`DEFENDANTS’ UNOPPOSED APPLICATION TO FILE DOCUMENTS UNDER SEAL REGARDING DEFENDANTS’ CONSOLIDATED MOTION FOR PARTIAL
`SUMMARY JUDGMENT OF NON-INFRINGEMENT AND NO WILLFULNESS
`CASE NO. 2:20-CV-07872-GW-PVC
`
`
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`

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`Case 2:20-cv-07872-GW-PVC Document 452 Filed 05/20/24 Page 5 of 12 Page ID #:57454
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`Document Description
`Regarding the Motion: document
`bearing the Bates number of
`BOFA00034270.
`10. Exhibit 10 to the Declaration of E.
`Danielle T. Williams in Support of
`Defendants’ Unopposed Application
`to File Documents Under Seal
`Regarding the Motion: Excerpts of
`Plaintiffs’ Corrected Third
`Supplemental Objections and
`Responses to Defendants Bank of
`America Corporation and Bank of
`America, N.A.’s Third Set of
`Interrogatories (Nos. 10–25), dated
`February 29, 2024.
`11. Exhibit 11 to the Declaration of E.
`Danielle T. Williams in Support of
`Defendants’ Unopposed Application
`to File Documents Under Seal
`Regarding the Motion: the document
`bearing the bates number
`NANT_BOA00110555–562.
`12. Exhibit 12 to the Declaration of E.
`Danielle T. Williams in Support of
`Defendants’ Unopposed Application
`to File Documents Under Seal
`
`Nature of Information to be Sealed
`
`Designated by Plaintiffs as “HIGHLY
`CONFIDENTIAL—ATTORNEYS’
`EYES ONLY” under the parties’
`stipulated protective order (Dkt. No.
`210). Plaintiffs do not oppose sealing
`this exhibit.
`
`Designated by Plaintiffs as “HIGHLY
`CONFIDENTIAL—ATTORNEYS’
`EYES ONLY” under the parties’
`stipulated protective order (Dkt. No.
`210). Plaintiffs do not oppose sealing
`this exhibit.
`
`Designated by Defendants as “HIGHLY
`CONFIDENTIAL—ATTORNEYS’
`EYES ONLY” under the parties’
`stipulated protective order (Dkt. No.
`
`4
`DEFENDANTS’ UNOPPOSED APPLICATION TO FILE DOCUMENTS UNDER SEAL REGARDING DEFENDANTS’ CONSOLIDATED MOTION FOR PARTIAL
`SUMMARY JUDGMENT OF NON-INFRINGEMENT AND NO WILLFULNESS
`CASE NO. 2:20-CV-07872-GW-PVC
`
`
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`

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`Case 2:20-cv-07872-GW-PVC Document 452 Filed 05/20/24 Page 6 of 12 Page ID #:57455
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`Document Description
`Regarding the Motion: the document
`bearing the bates number
`BOA00075345–401.
`13. Exhibit 13 to the Declaration of E.
`Danielle T. Williams in Support of
`Defendants’ Unopposed Application
`to File Documents Under Seal
`Regarding the Motion: the document
`bearing the bates number
`NANT_BOA00150428–515.
`14. Exhibit 14 to the Declaration of E.
`Danielle T. Williams in Support of
`Defendants’ Unopposed Application
`to File Documents Under Seal
`Regarding the Motion: the document
`bearing the bates number
`NANT_BOA00000026–113.
`15. Exhibit 15 to the Declaration of E.
`Danielle T. Williams in Support of
`Defendants’ Unopposed Application
`to File Documents Under Seal
`Regarding the Motion: the document
`bearing the bates number
`NANT_BOA00125087–102.
`16. Exhibit 16 to the Declaration of E.
`Danielle T. Williams in Support of
`
`Nature of Information to be Sealed
`210).
`
`Designated by Plaintiffs as “HIGHLY
`CONFIDENTIAL—ATTORNEYS’
`EYES ONLY” under the parties’
`stipulated protective order (Dkt. No.
`210). Plaintiffs do not oppose sealing
`this exhibit.
`
`Designated by Plaintiffs as “HIGHLY
`CONFIDENTIAL—ATTORNEYS’
`EYES ONLY” under the parties’
`stipulated protective order (Dkt. No.
`210). Plaintiffs do not oppose sealing
`this exhibit.
`
`Designated by Plaintiffs as “HIGHLY
`CONFIDENTIAL—ATTORNEYS’
`EYES ONLY” under the parties’
`stipulated protective order (Dkt. No.
`210). Plaintiffs do not oppose sealing
`this exhibit.
`
`Designated by Defendants as “HIGHLY
`CONFIDENTIAL—ATTORNEYS’
`
`5
`DEFENDANTS’ UNOPPOSED APPLICATION TO FILE DOCUMENTS UNDER SEAL REGARDING DEFENDANTS’ CONSOLIDATED MOTION FOR PARTIAL
`SUMMARY JUDGMENT OF NON-INFRINGEMENT AND NO WILLFULNESS
`CASE NO. 2:20-CV-07872-GW-PVC
`
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`Case 2:20-cv-07872-GW-PVC Document 452 Filed 05/20/24 Page 7 of 12 Page ID #:57456
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`Document Description
`Defendants’ Unopposed Application
`to File Documents Under Seal
`Regarding the Motion: the document
`bearing the bates number
`BOFA00034102–138.
`17. Exhibit 17 to the Declaration of E.
`Danielle T. Williams in Support of
`Defendants’ Unopposed Application
`to File Documents Under Seal
`Regarding the Motion: excerpts of
`the transcript of the November 7,
`2023, deposition of Matthew
`Calman.
`18. Exhibit 18 to the Declaration of E.
`Danielle T. Williams in Support of
`Defendants’ Unopposed Application
`to File Documents Under Seal
`Regarding the Motion: excerpts of
`the transcript of the November 10,
`2023, deposition of Mark Kokes.
`19. Exhibit 19 to the Declaration of E.
`Danielle T. Williams in Support of
`Defendants’ Unopposed Application
`to File Documents Under Seal
`Regarding the Motion: the document
`bearing the bates number
`
`Nature of Information to be Sealed
`EYES ONLY” under the parties’
`stipulated protective order (Dkt. No.
`210).
`
`Designated by Defendants as “HIGHLY
`CONFIDENTIAL—ATTORNEYS’
`EYES ONLY” under the parties’
`stipulated protective order (Dkt. No.
`210).
`
`Designated by Plaintiffs as “HIGHLY
`CONFIDENTIAL—ATTORNEYS’
`EYES ONLY” under the parties’
`stipulated protective order (Dkt. No.
`210). Plaintiffs do not oppose sealing
`this exhibit .
`
`Designated by Defendants as “HIGHLY
`CONFIDENTIAL—ATTORNEYS’
`EYES ONLY” under the parties’
`stipulated protective order (Dkt. No.
`210).
`
`6
`DEFENDANTS’ UNOPPOSED APPLICATION TO FILE DOCUMENTS UNDER SEAL REGARDING DEFENDANTS’ CONSOLIDATED MOTION FOR PARTIAL
`SUMMARY JUDGMENT OF NON-INFRINGEMENT AND NO WILLFULNESS
`CASE NO. 2:20-CV-07872-GW-PVC
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`Case 2:20-cv-07872-GW-PVC Document 452 Filed 05/20/24 Page 8 of 12 Page ID #:57457
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`Document Description
`BOFA00912293–330.
`20. Exhibit 20 to the Declaration of E.
`Danielle T. Williams in Support of
`Defendants’ Unopposed Application
`to File Documents Under Seal
`Regarding the Motion: excerpts of
`transcript of the November 29, 2023,
`deposition of Eric Gray.
`21. Exhibit 21 to the Declaration of E.
`Danielle T. Williams in Support of
`Defendants’ Unopposed Application
`to File Documents Under Seal
`Regarding the Motion: excerpts of
`the transcript of the October 18,
`2023, deposition of Orang Dialameh.
`22. Exhibit 22 to the Declaration of E.
`Danielle T. Williams in Support of
`Defendants’ Unopposed Application
`to File Documents Under Seal
`Regarding the Motion: the document
`bearing the bates number
`BOFA00064630–646.
`23. Memorandum in Support of the
`Motion.
`
`Nature of Information to be Sealed
`
`Designated by Defendants as “HIGHLY
`CONFIDENTIAL—ATTORNEYS’
`EYES ONLY” under the parties’
`stipulated protective order (Dkt. No.
`210).
`
`Designated by Plaintiffs as “HIGHLY
`CONFIDENTIAL—ATTORNEYS’
`EYES ONLY” under the parties’
`stipulated protective order (Dkt. No.
`210). Plaintiffs do not oppose sealing
`this exhibit.
`
`Designated by Defendants as “HIGHLY
`CONFIDENTIAL—ATTORNEYS’
`EYES ONLY” under the parties’
`stipulated protective order (Dkt. No.
`210).
`
`Designated by Defendants in its entirety
`as “HIGHLY CONFIDENTIAL –
`ATTORNEYS’ EYES ONLY,” and
`contains excerpts of documents
`
`7
`DEFENDANTS’ UNOPPOSED APPLICATION TO FILE DOCUMENTS UNDER SEAL REGARDING DEFENDANTS’ CONSOLIDATED MOTION FOR PARTIAL
`SUMMARY JUDGMENT OF NON-INFRINGEMENT AND NO WILLFULNESS
`CASE NO. 2:20-CV-07872-GW-PVC
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`Case 2:20-cv-07872-GW-PVC Document 452 Filed 05/20/24 Page 9 of 12 Page ID #:57458
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`Document Description
`
`24. Statement of Uncontroverted Facts in
`Support of the Motion.
`
`Nature of Information to be Sealed
`designated by Bank of America and
`third-party Mitek as “Highly
`Confidential – Attorneys’ Eyes Only”
`(Dkt. No. 210). Mitek does not oppose
`sealing this exhibit.
`Designated by Defendants in its entirety
`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”
`(Dkt. No. 210). Mitek does not oppose
`sealing this exhibit.
`
`I.
`
`Background
`As set forth in the Declaration of E. Danielle T. Williams in Support of
`Defendants’ Unopposed Application to File Documents Under Seal regarding the
`Motion submitted herewith, Defendants make this application because the foregoing
`documents are marked and designated as “Highly Confidential – Attorneys Eyes Only”
`and/or “Highly Confidential – Source Code” as follows pursuant to the parties’
`Stipulated Protective Order (Dkt. No. 210). See Declaration of E. Danielle T. Williams
`(the “Williams Decl.”), ¶¶ 1–26. Defendants make this application because (i) Exhibits
`2–6, 8–9, 12, 16–17, 19–20, 22, the Memorandum in Support of the Motion, and
`Defendants’ Statement of Uncontroverted Facts in Support of the Motion contain
`information that is “Highly Confidential – Attorneys Eyes Only” and/or “Highly
`Confidential – Source Code” of Bank of America, id., ¶¶ 5–9, 11–12, 15, 19–20, 22–
`
`8
`DEFENDANTS’ UNOPPOSED APPLICATION TO FILE DOCUMENTS UNDER SEAL REGARDING DEFENDANTS’ CONSOLIDATED MOTION FOR PARTIAL
`SUMMARY JUDGMENT OF NON-INFRINGEMENT AND NO WILLFULNESS
`CASE NO. 2:20-CV-07872-GW-PVC
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`Case 2:20-cv-07872-GW-PVC Document 452 Filed 05/20/24 Page 10 of 12 Page ID
`
`#:57459
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`23, 25; (ii) Exhibits 1, 4, 7, the Memorandum in Support of the Motion, and Defendants’
`Statement of Uncontroverted Facts in Support of the Motion contain information that is
`“Highly Confidential – Attorneys Eyes Only” and/or “Highly Confidential – Source
`Code” of Mitek Systems, Inc. (“Mitek”). Id., ¶¶ 4, 7, 10. As required by Local Rule
`79-5.2.2(b), counsel for Plaintiffs and Defendants conferred about Defendants’ filing
`these materials to limit, if not entirely avoid, the necessity of this Application. Id., ¶ 2
`Plaintiffs’ counsel does not oppose filing the entirety of these materials under seal.
`Counsel for Defendants also conferred with counsel for Mitek in a similar manner, and
`Mitek’s counsel requested that the entirety of these documents that contain or reference
`Mitek confidential information be filed under seal. Id., ¶ 3.
`The Williams Declaration sets forth the information Defendants seek to file under
`seal, the basis for the Application, and good cause to seal Bank of America confidential
`information. Id., ¶¶ 1–26. Due to the sensitive nature of the information in the
`foregoing materials, good cause exists to approve Bank of America’s application to file
`these materials under seal pursuant to Local Rule 79-5.2.2(a)-(b).
`II. Good Cause Exists to File Materials Under Seal
`The decision to seal records is left to the discretion of the District Court.
`Hagestad v. Tragesser, 49 F.3d 1430, 1434 (9th Cir. 1995) (citing Nixon v. Warner
`Communications, Inc., 435 U.S. 589, 599 (1978)). Rule 26(c)(1)(G) of the Federal
`Rules of Civil Procedure allows parties, upon a showing of “good cause,” to file under
`seal documents containing “confidential . . . commercial information.” See also IMAX
`Corp. v. Cinematech, Inc., 152 F.3d 1161, 1168 n.9 (9th Cir. 1998) (noting that
`confidential and proprietary business information is “to be filed under seal.”); Sun
`Microsystems Inc. v. Network Appliance, No. C-08-01641 EDL, 2009 WL 5125817, at
`*9 (N.D. Cal. Dec. 21, 2009) (granting sealing requests because the documents “contain
`confidential [business] information, much of which has been designated as Confidential
`or Highly Confidential under the parties’ stipulated protective order, that could cause
`competitive harm if disclosed.”); In re Adobe Systems, Inc. Securities Litigation Master
`9
`DEFENDANTS’ UNOPPOSED APPLICATION TO FILE DOCUMENTS UNDER SEAL REGARDING DEFENDANTS’ CONSOLIDATED MOTION FOR PARTIAL
`SUMMARY JUDGMENT OF NON-INFRINGEMENT AND NO WILLFULNESS
`CASE NO. 2:20-CV-07872-GW-PVC
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`Case 2:20-cv-07872-GW-PVC Document 452 Filed 05/20/24 Page 11 of 12 Page ID
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`#:57460
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`File, 141 F.R.D. 155, 161–62 (N.D. Cal. 1992) (“Protective orders and filings under
`seal are the primary means by which the courts ensure full disclosure of relevant
`information, while still preserving the parties’ (and third parties’) legitimate expectation
`that confidential business information, proprietary technology and trade secrets will not
`be publicly disseminated.”).
`Bank of America respectfully requests that the Court grant its application to file
`under seal the foregoing materials on the grounds that Plaintiffs designated Exhibits 1,
`10–11, 13–15, 18, and 21 as “Highly Confidential – Attorneys Eyes Only.” Williams
`Decl. ¶¶ 4, 13–14, 16–18, 21, 24. Second, Exhibits 1, 4, 7, the Memorandum in Support
`of the Motion, and Defendants’ Statement of Uncontroverted Facts in Support of the
`Motion contain information that is “Highly Confidential – Attorneys Eyes Only” and/or
`“Highly Confidential – Source Code” of Mitek and/or Bank of America, including non-
`public details about Bank of America’s vendors and non-public, proprietary details
`related to the design and functionality of Bank of America’s mobile check deposit
`application. Id. ¶¶ 4, 7, 10, 26. Third, Exhibits 1–6, 8–9, 12, 16–17, 19–20, 22, 26, and
`the Memorandum in Support of the Motion, and Defendants’ Statement of
`Uncontroverted Facts in Support of the Motion contain Bank of America’s confidential
`commercial information, specifically, non-public, proprietary details about the design
`and functionality of Bank of America’s mobile check deposit, which Bank of America
`designated “Highly Confidential – Attorneys Eyes Only” and/or “Highly Confidential
`– Source Code.” Id. ¶ 4–9, 11–12, 15, 19–20, 22–23, 25, and 26. Accordingly, Bank
`of America has an important interest in maintaining the confidentiality of this
`information, and any public interest in its disclosure is rebutted. See, e.g., Kamakana
`v. City & Cnty. of Honolulu, 447 F.3d 1172, 1180 (9th Cir. 2006) (differentiating
`dispositive motions by explaining that, for such motions, “the private interests of the
`litigants are not the only weights on the scale”). If such information were made public,
`competitors of Bank of America and its vendors would gain access to Bank of
`America’s business practices regarding its product development and technical details
`10
`DEFENDANTS’ UNOPPOSED APPLICATION TO FILE DOCUMENTS UNDER SEAL REGARDING DEFENDANTS’ CONSOLIDATED MOTION FOR PARTIAL
`SUMMARY JUDGMENT OF NON-INFRINGEMENT AND NO WILLFULNESS
`CASE NO. 2:20-CV-07872-GW-PVC
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`Case 2:20-cv-07872-GW-PVC Document 452 Filed 05/20/24 Page 12 of 12 Page ID
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`#:57461
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`regarding the design and functionality of its products. Williams Decl. ¶ 26. Bank of
`America does not share this type of information publicly because it could significantly
`harm Bank of America’s competitive standing. Id.
`Accordingly, Defendants respectfully request that the Court grant the Application
`to File the aforementioned documents under seal.
`
`Dated: May 20, 2024.
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`Respectfully submitted,
`
`WINSTON & STRAWN LLP
`
`
`By:/s/ E. Danielle T. Williams
`George C. Lombardi (pro hac vice)
`E. Danielle T. Williams (pro hac vice)
`Dustin J. Edwards (pro hac vice)
`
`Attorneys for Defendants
`BANK OF AMERICA CORPORATION
`and BANK OF AMERICA, N.A.
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`
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`11
`DEFENDANTS’ UNOPPOSED APPLICATION TO FILE DOCUMENTS UNDER SEAL REGARDING DEFENDANTS’ CONSOLIDATED MOTION FOR PARTIAL
`SUMMARY JUDGMENT OF NON-INFRINGEMENT AND NO WILLFULNESS
`CASE NO. 2:20-CV-07872-GW-PVC
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