Case 1:13-cv-00919-JLH Document 547 Filed 05/10/23 Page 1 of 6 PageID #: 55596
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No. 13-919-JLH
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`)))))))))
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`ARENDI S.A.R.L.,
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`GOOGLE LLC,
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`Plaintiff,
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`v.
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`Defendant.
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`DEFENDANT GOOGLE LLC’S MOTION TO REDACT PORTIONS OF
`THE MAY 1, 2023 TRIAL TRANSCRIPT AND SEAL TWO EXHIBITS
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`POTTER ANDERSON & CORROON LLP
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`David E. Moore (#3983)
`Bindu A. Palapura (#5370)
`Andrew L. Brown (#6766)
`Hercules Plaza, 6th Floor
`1313 N. Market Street
`Wilmington, DE 19801
`Tel: (302) 984-6000
`dmoore@potteranderson.com
`bpalapura@potteranderson.com
`abrown@potteranderson.com
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`Attorneys for Defendant Google LLC
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`OF COUNSEL:
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`Robert W. Unikel
`John Cotiguala
`Matt Lind
`PAUL HASTINGS LLP
`71 South Wacker Drive, Suite 4500
`Chicago, IL 60606
`Tel: (312) 449-6000
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`Robert R. Laurenzi
`Chad J. Peterman
`PAUL HASTINGS LLP
`200 Park Avenue
`New York, NY 10166
`Tel: (212) 318-6000
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`Ginger D. Anders
`MUNGER, TOLLES & OLSON LLP
`601 Massachusetts Avenue NW, Suite 500E
`Washington, D.C. 20001
`Tel: (202) 220-1100
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`Vincent Y. Ling
`MUNGER, TOLLES & OLSON LLP
`350 S. Grand Avenue, 50th Floor
`Los Angeles, CA 90071
`Tel: (213) 683-9100
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`Dated: May 3, 2023
`10788603 / 12599.00040
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`PUBLIC VERSION
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`Public Version Dated: May 10, 2023
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`Case 1:13-cv-00919-JLH Document 547 Filed 05/10/23 Page 2 of 6 PageID #: 55597
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`Pursuant to Rule 5.2 of the Federal Rules of Civil Procedure and this Court’s Policy on the
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`Electronic Availability of Transcripts of Court Proceedings, Defendant Google LLC (“Google”)
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`hereby moves to redact limited portions of the May 1, 2023 trial transcript. Specifically, Google
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`requests the redaction of certain testimony, and sealing of the entirety of Plaintiff’s exhibits PX-
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`36 and PX-37, containing Google’s highly confidential financial information regarding the U.S.
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`revenues for Google Pixel devices from 2017-2018 and certain Google Apps from 2011-2018.
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`Google’s proposed redactions are highlighted in the attached sealed Exhibit A, and
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`redacted copies of the transcript is attached as Exhibit B. Pursuant to D. Del. L.R. 7.1.1, the parties
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`met and conferred on the proposed redactions, and Arendi does not oppose this motion.
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`1.
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`This Court presided over a six-day jury trial from April 24, 2023 to May 2, 2023.
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`During the proceedings, testimony was elicited, and exhibits were admitted, concerning Google’s
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`highly confidential non-public revenue information for Google Pixel devices from 2017-2018 and
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`certain Google Apps from 2011-2018. Specifically, on May 1, 2023, Google’s expert, Mr. Doug
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`Kidder, testified about Google’s revenues for Google Pixel and certain Google Apps in connection
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`with his damages opinion, on both direct and cross examination. Plaintiff also on May 1, 2023
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`entered into evidence PX-36 (titled “Apps US Revenue”) and PX-37 (titled “Chrome US
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`Revenue”), which were documents produced by Google containing internal highly confidential
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`non-public annual revenue information for Google Apps from 2011-2018. At all times when this
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`information was discussed and exhibits were published to the jury, the courtroom was sealed.
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`2.
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`There is a presumptive right of public access to judicial proceedings. In re Avandia
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`Mktg., Sales Practices and Prods. Liab. Litig., 924 F.3d 662, 672 (3d Cir. 2019). That right is not
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`absolute, however. Id. A party seeking to seal part of the judicial record bears the burden of
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`Case 1:13-cv-00919-JLH Document 547 Filed 05/10/23 Page 3 of 6 PageID #: 55598
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`showing “that the material is the kind of information that courts will protect and that disclosure
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`will work a clearly defined and serious injury to the party seeking closure.” Id.
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`3.
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`Good cause must be demonstrated to justify redacting a judicial transcript. Mosaid
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`Technologies Inc. v. LSI Corp., 878 F. Supp. 2d 503, 507 (D. Del., 2012). In determining whether
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`good cause exists, “courts weigh the harm of disclosing information against the importance of
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`disclosure to the public.” Mosaid, 878 F. Supp. 2d at 508 (citing Pansy v. Borough of Stroudsburg,
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`23 F.3d 772, 787 (3d Cir. 1994)). Courts have found good cause to redact “business information
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`that might harm a litigant’s competitive standing.” Littlejohn v. BIC Corp., 851 F.2d 673, 678 (3d
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`Cir. 1988). “[I]f a case involves private litigants, and concerns matters of little legitimate public
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`interest, that should be a factor weighing in favor of granting or maintaining an order of
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`confidentiality.” Pansy v. Borough of Stroudsburg, 23 F.3d 772, 788 (3d Cir. 1994).
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`4.
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`Courts routinely authorize redactions of confidential financial information because
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`“this is the type of information which … could cause real and serious harm to the parties’ future
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`negotiations if disclosed to competitors.” Mosaid, 878 F. Supp. 2d at 510 (collecting cases ordering
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`redaction of sensitive commercial information).
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`5.
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`Consistent with those standards, Google respectfully requests that the Court
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`approve the limited redactions reflected in Exhibits A and B. Google does not seek to redact entire
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`pages of the transcript, but instead seeks to redact the monetary amounts disclosed.
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`6.
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`The information proposed for redaction relates to financial information on the U.S.
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`revenues for Google Pixel devices from 2017-2018 and on the U.S. revenues for certain Google
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`Apps from 2011-2018, including Gmail, Docs, Chrome, Drive and Calendar. (Decl. of Gabe
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`Mattera ¶ 3 (“Mattera Decl.”)).
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`Case 1:13-cv-00919-JLH Document 547 Filed 05/10/23 Page 4 of 6 PageID #: 55599
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`7.
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`While Google makes some financial information available to the public in its public
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`financial statements, Google does not provide publicly the detailed breakdowns of U.S. only
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`product-based financial information as it was discussed during this trial. Mattera Decl. ¶ 4.
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`8.
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`Good cause exists here to redact limited portions of the May 1, 2023 trial transcript.
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`First, disclosure of the aforementioned information would “work a clearly defined and serious
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`injury” to Google because it could be used adversely by Google’s competitors. For example,
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`visibility into Google detailed and highly confidential revenues, if combined with data on unit
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`sales, would give competitors an understanding of Google’s product pricing and unit economics,
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`and allow them to formulate specific pricing/discounting strategies for their own products. In
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`addition, knowledge of Google’s highly confidential financial information for these Pixel and
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`Apps products that is more geographically limited than what is publicly reported would provide
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`competitors with detailed information as to the success or failure of those products with customers
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`in the U.S., and would give competitors better insights into how they should focus their own
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`product strategies in order to better compete with Google in different geographic markets. Mattera
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`Decl. ¶ 4. Only by keeping this confidential financial information in the strictest of confidence
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`can Google protect itself from adverse exploitation of its highly confidential financial information
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`by its competitors. Mattera Decl. ¶ 5.
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`9.
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`Second, Google’s proposed redactions are very narrowly tailored and constitute
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`only twenty-five instances where specific numbers are disclosed, in total across the six trial days.
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`10.
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`Third, the confidential financial information Google seeks to redact from the Trial
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`Transcripts was designated as CONFIDENTIAL OUTSIDE COUNSEL ONLY under the terms
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`of the Court entered Protective Order. See D.I. 16-1 at ¶ D.1. This designation is reserved for
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`information that is “extremely confidential and/or sensitive in nature” the disclosure of which “is
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`Case 1:13-cv-00919-JLH Document 547 Filed 05/10/23 Page 5 of 6 PageID #: 55600
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`likely to cause economic harm or significant competitive disadvantage to the Producing Party.”
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`Id. Pursuant to that designation, only outside counsel, properly designated experts, consultants
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`and vendors, and the Court have access to it. Id. Allowing Google’s sensitive financial
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`information to be filed publicly would, therefore, run contrary to the purpose of the Protective
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`Order and Google’s expectation when it first disclosed that information. Here, both parties have
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`treated Google’s financial information with the highest level of confidentiality. During trial, the
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`courtroom was sealed at all times when this information was discussed and the exhibits were
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`published.
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`11.
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`Finally, the public has little legitimate interest in this particular Google financial
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`information, but the potential harm to Google, in the information is disclosed, is severe.
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`Redactions are warranted.
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`For the foregoing reasons, Google respectfully that the Court grant this motion and direct
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`the Clerk of the Court to docket the redacted May 1, 2023 trial transcript attached as Exhibit B and
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`maintain trial exhibits PX-36 and PX-37 under seal.
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`Case 1:13-cv-00919-JLH Document 547 Filed 05/10/23 Page 6 of 6 PageID #: 55601
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`POTTER ANDERSON & CORROON LLP
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`By: /s/ David E. Moore
`David E. Moore (#3983)
`Bindu A. Palapura (#5370)
`Andrew L. Brown (#6766)
`Hercules Plaza, 6th Floor
`1313 N. Market Street
`Wilmington, DE 19801
`Tel: (302) 984-6000
`dmoore@potteranderson.com
`bpalapura@potteranderson.com
`abrown@potteranderson.com
`
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`Attorneys for Defendant Google LLC
`
`OF COUNSEL:
`
`Robert W. Unikel
`John Cotiguala
`Matt Lind
`PAUL HASTINGS LLP
`71 South Wacker Drive, Suite 4500
`Chicago, IL 60606
`Tel: (312) 449-6000
`
`Robert R. Laurenzi
`Chad J. Peterman
`PAUL HASTINGS LLP
`200 Park Avenue
`New York, NY 10166
`Tel: (212) 318-6000
`
`Ginger D. Anders
`MUNGER, TOLLES & OLSON LLP
`601 Massachusetts Avenue NW, Suite 500E
`Washington, D.C. 20001
`Tel: (202) 220-1100
`
`Vincent Y. Ling
`MUNGER, TOLLES & OLSON LLP
`350 S. Grand Avenue, 50th Floor
`Los Angeles, CA 90071
`Tel: (213) 683-9100
`
`Dated: May 3, 2023
`10788603 / 12599.00040
`
`5
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`Public Version Dated: May 10, 2023
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