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`BAKER BOTTS L.L.P.
`
`Alfred R. Fabricant (pro hac vice)
`afabricant@fabricantllp.com
`Peter Lambrianakos (pro hac vice)
`plambrianakos@fabricantllp.com
`Vincent J. Rubino, III (pro hac vice)
`vrubino@fabricantllp.com
`Enrique Iturralde (pro hac vice)
`eiturralde@fabricantllp.com
`FABRICANT LLP
`411 Theodore Fremd Road, Suite 206 South
`Rye, New York 10580
`Telephone: (212) 257-5797
`Facsimile: (212) 257-5796
`
`Benjamin T. Wang (CA SBN 228712)
`bwang@raklaw.com
`Minna Y. Chan (CA SBN 305941)
`mchan@raklaw.com
`RUSS AUGUST & KABAT
`12424 Wilshire Boulevard, 12th Floor
`Los Angeles, California 90025
`Telephone: (310) 826-7474
`Facsimile: (310) 826-9226
`
`Attorneys for Defendant/Counterclaim Plaintiff
`AGIS Software Development LLC
`
`
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`Case No. 5:21-cv-04653-BLF (SVK)
`
`DEFENDANT AGIS SOFTWARE
`DEVELOPMENT LLC’S
`ADMINISTRATIVE MOTION TO SEAL
`
`Dept:
` Courtroom 3 – 5th Floor
`Judge:
` Hon. Beth Labson Freeman
`
`Trial date: October 16, 2023
`
`
`LYFT, INC.,
`
`Plaintiff,
`
`v.
`AGIS SOFTWARE DEVELOPMENT LLC,
`Defendant.
`
`AGIS SOFTWARE’S ADMINSTRATIVE MOTION TO SEAL
`
`Case No. 5:21-cv-04653-BLF (SVK)
`
`

`

`Reasons for Sealing
`
`The highlighted portions
`disclose information from Exhibits 10
`and 18 to Lyft’s Motion to Compel
`Discovery and Compliance with Local
`Rules, which AGIS
`Software designated as highly
`confidential. These highlighted
`portions contain highly confidential
`settlement licenses and negotiations
`with third parties, and which are
`covered by confidentiality provisions
`in the written agreements. Revealing
`the identity and nature of third parties
`who have entered into licenses and/or
`settlement agreements with AGIS
`would be harmful if its contents
`became known to competitors of these
`third parties, would cause AGIS
`Software harm, and also violate the
`confidentiality provisions in those third
`party agreements. Moreover, the
`parties to these agreements have
`maintained the confidentiality of the
`information contained in the license
`agreements. See Powertech Tech., Inc.
`v. Tessera, Inc., 2013 WL 12324116,
`at *19 (N.D.Cal. Apr. 15, 2013)
`(granting a motion to seal a draft
`license agreement with a third party).
`The highlighted portions also contain
`confidential financial information,
`such as AGIS Software’s confidential
`bank records. They also contain
`
`
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`BAKER BOTTS L.L.P.
`
`Defendant AGIS Software Development LLC (“AGIS Software”) has reviewed and
`complied with the Court’s Standing Order Governing Administrative Motions to File Materials
`Under Seal.
`AGIS Software has reviewed and complied with the Northern District of California’s Civil
`L.R. (dated November 1, 2021).
`AGIS Software respectfully submits this Administrative Motion to Seal for the following
`documents:
`
`ECF or
`Ex. No.
`ECF
`106
`
`Description of
`Portions to be Sealed
`Highlighted Portions
`at:
`• Page 3: lines 25-26;
`• Page 4: lines 1-2,
`18-28.
`
`
`Document
`
`Defendant AGIS
`Software
`Development
`LLC’s Response
`in Opposition to
`Lyft, Inc.’s
`(“Lyft”) Motion
`to Compel
`Discovery and
`Compliance with
`Local Rules
`
`AGIS SOFTWARE’S ADMINSTRATIVE MOTION TO SEAL
`1
`
`Case No. 5:21-cv-04653-BLF (SVK)
`
`

`

`
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`Entire Document
`
`Entire Document
`
`information regarding the corporate
`structure and contents of agreements
`between business entities. Rubino
`Decl. ¶ 4.; see In re Elec. Arts, Inc.,
`298 Fed. Appx. 568, 569 (9th Cir.
`2008) (finding the Court abused its
`discretion when it refused to seal
`“pricing terms, royalty rates, and
`guaranteed minimum payment terms”
`found in a license agreement); Nixon v.
`Warner Commc'ns, Inc., 435 U.S. 589,
`598 (1978) (holding that “sources of
`business information that might harm a
`litigant’s competitive standing” may
`give rise to a compelling reason to
`seal).
`This document discloses highly
`confidential settlement licenses and
`negotiations with third parties, and
`which are covered by confidentiality
`provisions in the written agreements.
`This document also contain
`confidential financial information,
`such as AGIS Software’s confidential
`bank records. Rubino Decl. ¶ 4.
`This document discloses excerpts of
`the deposition testimony of Thomas
`Meriam, the corporate representative
`of AGIS Software. Mr. Meriam’s
`testimony includes information
`regarding the corporate structure and
`employees of AGIS Software, and
`contents of agreements between
`business entities, including the
`identities of shareholders. They also
`contain highly confidential settlement
`licenses and negotiations with third
`parties, and which are covered by
`confidentiality provisions in the
`written agreements. They also contain
`confidential financial information,
`such as AGIS Software’s confidential
`bank records. Rubino Decl. ¶ 4.
`This motion is further supported by the Declaration of Vincent Rubino (“Rubino
`Declaration”) in Support of AGIS Software’s Administrative Motion to Seal. This motion is
`narrowly tailored to seal materials necessary and able to overcome the presumption in favor of
`
`ECF
`106-1
`
`ECF
`106-2
`
`Ex. 1 to AGIS
`Software’s
`Response in
`Opposition to
`Lyft Motion to
`Compel
`Discovery and
`Compliance with
`Local Rules
`Ex. 2 to AGIS
`Software’s
`Response in
`Opposition to
`Lyft Motion to
`Compel
`Discovery and
`Compliance with
`Local Rules
`
`AGIS SOFTWARE’S ADMINSTRATIVE MOTION TO SEAL
`2
`
`Case No. 5:21-cv-04653-BLF (SVK)
`
`

`

`access to court records. This motion is accompanied by the Rubino Declaration and a proposed
`order. AGIS Software therefore lodges with the Court copies of unredacted (1) Defendant AGIS
`Software Development LLC’s Response in Opposition to Lyft, Inc.’s Motion to Compel Discovery
`and Compliance with Local Rules; (2) Exhibit 1 to Defendant AGIS Software Development LLC’s
`Response in Opposition to Lyft, Inc.’s Motion to Compel Discovery and Compliance with Local
`Rules; and (3) Exhibit 2 to Defendant AGIS Software Development LLC’s Response in Opposition
`to Lyft, Inc.’s Motion to Compel Discovery and Compliance with Local Rules.
`
`DATED: April 18, 2022
`
`
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`Respectfully submitted,
`
`RUSS AUGUST & KABAT
`
`
`By: /s/ Benjamin T. Wang
`
`
` Benjamin T. Wang
`
`FABRICANT LLP
`Alfred R. Fabricant
`ffabricant@fabricantllp.com
`Peter Lambrianakos
`plambrianakos@fabricantllp.com
`Vincent J. Rubino, III
`vrubino@fabricantllp.com
`411 Theodore Fremd Avenue, Suite 206 South
`Rye, New York 10580
`Telephone: (212) 257-5797
`Facsimile: (212) 257-5796
`
`Attorneys for Defendant
`AGIS Software Development LLC
`
`
`
`AGIS SOFTWARE’S ADMINSTRATIVE MOTION TO SEAL
`3
`
`Case No. 5:21-cv-04653-BLF (SVK)
`
`

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`
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`CERTIFICATE OF SERVICE
`
`I certify that I caused the foregoing document to be electronically filed with the Clerk of
`the Court for the United States District Court for the Northern District of California using the
`CM/ECF System on April 18, 2022.
`
`I certify that all counsel of record who are deemed to have consented to electronic service
`are being served on April 18, 2022 with a copy of this document via the Court’s CM/ECF systems
`per Local Rule CV-5(a)(3). Any other counsel will be served by electronic mail, facsimile, overnight
`delivery and/or First Class Mail on this date.
`
`
`DATED: April 18, 2022
`
`
`/s/ Benjamin T. Wang
` Benjamin T. Wang
`
`
`
`
`
`AGIS SOFTWARE’S ADMINSTRATIVE MOTION TO SEAL
`4
`
`Case No. 5:21-cv-04653-BLF (SVK)
`
`