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`Case 3:21-cv-00812-TWR-JLB Document 233 Filed 03/20/23 PageID.6678 Page 1 of 3
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
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` Case No.: 21-CV-812 TWR (JLB)
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`ORDER GRANTING DEFENDANT
`APPLE INC.’S UNOPPOSED
`MOTIONS TO FILE DOCUMENTS
`UNDER SEAL
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`(ECF Nos. 225, 226, 228, 229)
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`Defendant.
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`TACTION TECHNOLOGY, INC.,
`Plaintiff,
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`v.
`APPLE INC.,
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`Presently before the Court are Defendant Apple Inc.’s (1) Unopposed Renewed
`Motion to File Portions of Plaintiff Taction Technology, Inc.’s Motion to Strike Amended
`Invalidity Contentions (ECF No. 204) Under Seal (“Renewed Mot. to Seal,” ECF No. 225),
`filed in response to the Court’s February 24, 2023 Order Denying Without Prejudice
`Plaintiff Taction Technology, Inc.’s Unopposed Motion to File Documents Under Seal (the
`“Prior Order,” ECF No. 219), and (2) Unopposed Motion to File Portions of Apple’s
`Opposition to Motion to Strike Amended Invalidity Contentions Under Seal (“Mot. to Seal
`Opp’n,” ECF No. 228) (together, the “Motions to Seal”). In the Prior Order, the Court
`denied without prejudice Plaintiff’s request to file under seal portions of its memorandum
`of points and authorities in support of its Motion to Strike (“Memo.”) and the entirety of
`Exhibits A through I to the Declaration of Gavin Synder in Support of Taction’s Motion to
`Strike (“Snyder Decl.”) on the grounds that Plaintiff had failed to comply with the
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`Case 3:21-cv-00812-TWR-JLB Document 233 Filed 03/20/23 PageID.6679 Page 2 of 3
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`undersigned’s Standing Order for Civil Cases or to demonstrate the requisite compelling
`reasons. (See Prior Order at 2–3.) Through the Renewed Motion to Seal, Defendant seeks
`to file under seal more limited redactions to Plaintiff’s Memorandum and Exhibits A
`through I to the Snyder Declaration. (See generally Renewed Mot. to Seal; see also ECF
`No. 226 (lodged sealed documents).) Through the Motion to Seal Opposition, Defendant
`also seeks to file under seal portions of its Opposition to Plaintiff Taction Technology,
`Inc.’s Motion to Strike Apple’s Amended Invalidity Contentions (“Opp’n”) and Exhibits
`5 and 9 through 11 to the Declaration of Seth M. Sproul in Support of Apple Inc.’s
`Opposition (“Sproul Decl.”). (See generally Mot. to Seal Opp’n; see also ECF No. 229
`(sealed lodged documents).)
`As the Court previously indicated, (see Prior Order at 2 (citing Applications in
`Internet Time, LLC v. Salesforce, Inc., No. 3:13-CV-00628-RCJ-CLB, 2022 WL 2953429,
`at *1 (D. Nev. July 26, 2022))), Defendant must articulate “compelling reasons” to file
`these documents under seal. Here, Defendant broadly attests that the materials it seeks to
`file under seal “contain confidential technical information concerning Apple’s [accused]
`products that, if made publicly available, would reveal Apple’s trade secrets and technical
`know-how to the competitive harm of Apple.” (See ECF No. 225-1 (“Tio Decl.”) ¶¶ 3–12;
`ECF No. 228-1 (“Sproul Sealing Decl.”) ¶¶ 3–7.) Although light on details, upon a close
`review of the proposed redactions, the Court concludes that Defendant has demonstrated
`compelling reasons to file under seal those limited portions of the memoranda and exhibits
`that have been lodged under seal. See, e.g., Orthopaedic Hosp. v. Encore Med., L.P., No.
`19-CV-970 JLS (AHG), 2021 WL 1966121, at *2 (S.D. Cal. Apr. 12, 2021) (concluding
`that compelling reasons existed to seal “technical documents . . . includ[ing] schematic
`diagrams, specification sheets, and other documents with information about product
`components, measurements, formulas, and processes” because “these exhibits contain
`proprietary, trade secret, and technical information that . . . is subject to improper use,
`resulting in competitive harm to Defendant if publicly disclosed and made available to
`competitors”); Finjan, Inc. v. Proofpoint, Inc., No. 13-CV-05808-HSG, 2016 WL
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`Case 3:21-cv-00812-TWR-JLB Document 233 Filed 03/20/23 PageID.6680 Page 3 of 3
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`7429304, at *2 (N.D. Cal. Feb. 9, 2016) (finding compelling reasons to seal narrowly
`tailored request as to motion to strike and exhibits containing “information about the
`technical operation of the products”). The Court therefore GRANTS Defendants’ Motions
`to Seal (ECF Nos. 225, 228). The Clerk of Court SHALL FILE UNDER SEAL the
`documents previously lodged under seal at ECF Nos. 226 and 229, and Plaintiff SHALL
`PUBLICLY FILE redacted versions of the documents lodged under seal at ECF No. 226.
`IT IS SO ORDERED.
`Dated: March 20, 2023
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`_____________________________
`Honorable Todd W. Robinson
`United States District Judge
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