`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`
`
`
`
`
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
`
` Case No.: 21-CV-812 TWR (JLB)
`
`ORDER GRANTING PLAINTIFF
`TACTION TECHNOLOGY, INC.’S
`UNOPPOSED MOTIONS TO FILE
`PORTIONS OF ITS
`SUPPLEMENTAL CLAIM
`CONSTRUCTION BRIEF UNDER
`SEAL
`
`(ECF Nos. 354, 355)
`
`Defendant.
`
`TACTION TECHNOLOGY, INC.,
`Plaintiff,
`
`v.
`APPLE INC.,
`
`
`
`Presently before the Court is the Unopposed Motion to File Portions of Its
`Supplemental Claim Construction Brief Under Seal (“Mot. to Seal,” ECF No. 354) filed
`by Plaintiff Taction Technology, Inc. (“Taction”),1 in which Taction contends that
`“[c]ompelling reasons exist to file” under seal three instances of a single, three-word phrase
`that “relates to Apple[’s] confidential information about the operation of the accused
`products that would harm Apple’s competitive standing if made publicly available.” (See
`id. at 2; also compare ECF No. 355 (proposed sealed document), with ECF No. 356
`
`
`1 The Court recognizes that there are two additional motions to seal pending before the Court that were
`filed by Defendant Apple Inc. (ECF No. 351) and Taction (ECF No. 357). Because those documents are
`not at issue for the summary judgment hearing scheduled for July 27, 2023, the Court DEFERS RULING
`ON them at this time.
`
`1
`
`21-CV-812 TWR (JLB)
`
`
`
`Case 3:21-cv-00812-TWR-JLB Document 362 Filed 07/31/23 PageID.18081 Page 2 of 2
`
`
`(publicly filed document).) Upon a close review of the proposed redactions, the Court
`concludes that Taction has demonstrated compelling reasons to file under seal those limited
`portions of its Supplemental Claim Construction Brief 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). The Court therefore GRANTS Taction’s Motion
`to Seal (ECF No. 354), and the Clerk of Court SHALL FILE UNDER SEAL the
`document previously lodged under seal at ECF No. 355.
`IT IS SO ORDERED.
`Dated: July 31, 2023
`
`
`
`_____________________________
`Honorable Todd W. Robinson
`United States District Judge
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`2
`
`21-CV-812 TWR (JLB)
`
`