`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 13-919 (JLH)
`
`)))))))))
`
`ARENDI S.A.R.L.,
`
`v.
`
`GOOGLE LLC,
`
`Plaintiff,
`
`Defendant.
`
`STIPULATION AND [PROPOSED] ORDER ALLOWING
`NON-PARTY MICROSOFT CORP. TO ACCESS TRIAL TRANSCRIPTS
`
`WHEREAS, a jury trial was held in this matter from April 24 to May 2, 2023;
`
`WHEREAS, non-party Microsoft Corp. (“Microsoft”) was advised
`
`that certain
`
`agreements between Plaintiff Arendi S.A.R.L. (“Arendi”) and Microsoft were used as exhibits
`
`and discussed in a sealed courtroom during the jury trial;
`
`WHEREAS, Microsoft filed a Notice of Intent to Redact and/or Seal Limited Portions of
`
`the Trial Transcripts and Exhibits on May 25, 2023 (D.I. 556);
`
`WHEREAS, under the relevant Third Circuit standard, which requires a party to show
`
`that disclosure of the material sought to be protected would cause a “clearly defined and serious
`
`injury,” In re Avandia Marketing, 924 F.3d 662, 672 (3d Cir. 2019), Microsoft will need access
`
`to the trial transcripts to make an informed decision regarding the proper scope of the requested
`
`redactions;
`
`WHEREAS, Microsoft has agreed to accept copies of the transcript that have third party
`
`confidential information redacted, provided that Microsoft with have full access to portions of
`
`the transcript that mention Microsoft or its agreements, and provided that Microsoft confidential
`
`information likewise will be redacted in any transcripts provided to any third party;
`
`IT IS HEREBY STIPULATED AND AGREED, by and through the undersigned counsel
`
`for Plaintiff Arendi, Defendant Google LLC (“Google”), and non-party Microsoft, subject to the
`
`
`
`Case 1:13-cv-00919-JLH Document 565 Filed 06/09/23 Page 2 of 2 PageID #: 56871
`
`approval of the Court, that Microsoft’s outside counsel shall be permitted access to the
`
`transcripts from the jury trial held from April 24, 2023 to May 2, 2023, which a party may redact
`
`to remove third party confidential information unrelated to Microsoft or Microsoft’s agreements
`
`with Arendi.
`
`SMITH, KATZENSTEIN & JENKINS LLP
`
`POTTER ANDERSON & CORROON LLP
`
`/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
`(302) 984-6000
`dmoore@potteranderson.com
`bpalapura@potteranderson.com
`abrown@potteranderson.com
`
`Attorneys for Defendant Google LLC
`
`/s/ Daniel Taylor
`
`Neal C. Belgam (No. 2721)
`Daniel Taylor (No. 6934)
`1000 West Street, Suite 1501
`Wilmington, DE 19801
`(302) 652-8400
`nbelgam@skjlaw.com
`dtaylor@skjlaw.com
`
`Attorneys for Plaintiff Arendi S.A.R.L.
`
`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
`
`/s/ Benjamin Yenerall
`
`Jack B. Blumenfeld (#1014)
`Karen Jacobs (#2881)
`Benjamin Yenerall (#7132)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`(302) 658-9200
`jblumenfeld@morrisnichols.com
`kjacobs@morrisnichols.com
`byenerall@morrisnichols.com
`
`Attorneys for Microsoft Corp.
`
`June 9, 2023
`
`SO ORDERED this ______ day of __________________, 2023.
`
`The Honorable Jennifer L. Hall
`
`2
`
`
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