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`IN RE NEO WIRELESS LLC
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`PATENT LITIGATION
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
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`2:22-MD-03034-TGB
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`HON. TERRENCE G. BERG
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`JURY TRIAL DEMANDED
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`PLAINTIFF’S UNOPPOSED MOTION FOR LEAVE TO FILE UNDER
`SEAL PORTIONS OF THEIR OPPOSITION TO DEFENDANTS’ MOTION
`TO COMPEL PRODUCTION OF NEO’S LICENSING NEGOTIATIONS
`WITH AVANCI AND EXHIBITS A AND B THERETO
`Pursuant to Local Rule 5.3(b), Plaintiff Neo Wireless, LLC (“Neo”),
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`respectfully moves for an Order permitting Neo to file portions of their Response
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`to Defendants’ Motion to Compel Production of Neo’s Licensing Negotiations with
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`Avanci, the supporting Declaration of William Marino, and the following exhibits
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`under seal:
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`• Exhibit A – Email communications between Neo and Defendants regarding
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`MDL-wide Discovery Issues sent between October 4, 2023 and October 6,
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`2023.
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`• Exhibit B – Plaintiff Neo Wireless LLC’s Third Supplemental Responses and
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`Objections to Defendants’ First Set of Common Interrogatories (No. 2), dated
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`September 27, 2023.
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`1
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`Case 2:22-md-03034-TGB ECF No. 188, PageID.11310 Filed 10/11/23 Page 2 of 4
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`Exhibits A and B contain highly confidential information regarding licensing
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`negotiations and discussions of licensing negotiation details, including information
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`that has been designated Highly Confidential – Attorneys’ Eyes Only by Neo
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`pursuant to the Protective Order (ECF No. 125) entered in this case, or otherwise
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`describe or quote such designated materials.
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`Determination of a motion for leave to file under seal is within the sound
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`discretion of the district court. Meyer Goldberg, Inc. v. Fisher Foods, Inc., 823
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`F.2d 159, 161 (6th Cir. 1987). The right of the public to access judicial records “is
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`not absolute,” and the Sixth Circuit recognizes that “certain privacy rights of
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`participants” are significant interests which can outweigh the public’s right to
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`access. Brown & Williamson Tobacco Corp. v. F.T.C., 710 F.2d 1165, 1179 (6th Cir.
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`1983) (citing Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 598 (1978))
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`(additional citations omitted).
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`Here, the information sought to be filed under seal includes discussions of
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`licensing negotiation details, including information that has been designated
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`Highly Confidential Attorneys’ Eyes Only by Neo, or is otherwise subject to a non-
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`disclosure agreement between Plaintiff and Avanci. Neo’s Opposition, the
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`supporting Declaration, and the exhibits thereto should be permitted to be filed
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`under seal to respect the privacy rights of the parties. See id. at 1179. These
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`exhibits should be permitted to be filed under seal to respect the competitive
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`2
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`Case 2:22-md-03034-TGB ECF No. 188, PageID.11311 Filed 10/11/23 Page 3 of 4
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`advantage that the parties achieve by keeping detailed financial information
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`private. See Apple Inc. v. Samsung Elecs., Co., 727 F3d 1214, 1225–26 (Fed. Cir.
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`2013) (holding the district court abused its discretion in ordering unsealing as such
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`the parties have “a significant interest in preventing the release of their detailed
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`financial information.”). Good cause therefore exists for the proposed sealed filing,
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`and no opposition exists.
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`Redacted and unredacted copies of Plaintiff’s Response to Defendants’
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`Motion to Compel and Declaration of William Marino are provided with this filing
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`pursuant to L.R. 5.3(b)(3)(A)(v) and (vi).
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`Counsel for Neo contacted counsel for Defendants on October 11, 2023, via
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`electronic mail, regarding the relief requested in this motion. Counsel for
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`Defendants concur in the relief requested in this motion.
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`For the reasons set forth above, the Neo respectfully requests that the Court
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`grant its Unopposed Motion for Leave to File Under Seal.
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`A proposed Order is concurrently submitted through the ECF system.
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`DATED: October 11, 2023
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`Respectfully submitted,
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`/s/ Christopher S. Stewart
`Jason D. Cassady
`Texas State Bar No. 24045625
`Email: jcassady@caldwellcc.com
`Christopher S. Stewart
`Texas State Bar No. 24079399
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`3
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`Case 2:22-md-03034-TGB ECF No. 188, PageID.11312 Filed 10/11/23 Page 4 of 4
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`Email: cstewart@caldwellcc.com
`CALDWELL CASSADY CURRY
`P.C.
`2121 N. Pearl St., Suite 1200
`Dallas, Texas 75201
`Telephone: (214) 888-4848
`Facsimile: (214) 888-4849
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`Jaye Quadrozzi (P71646)
`Email: quadrozzi@youngpc.com
`YOUNG, GARCIA &
`QUADROZZI, PC
`2775 Stansbury Blvd., Suite 125
`Farmington Hills, Michigan 48334
`Telephone: (248) 353-8620
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`ATTORNEYS FOR PLAINTIFF
`NEO WIRELESS LLC
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`CERTIFICATE OF SERVICE
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`I certify that counsel of record is being served with a copy of the foregoing
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`document via the Court’s CM/ECF system on October 11, 2023.
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`/s/ Christopher S. Stewart
`Christopher S. Stewart
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`4
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