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Case 2:22-md-03034-TGB ECF No. 253, PageID.15949 Filed 06/20/24 Page 1 of 5
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`
`
`IN RE NEO WIRELESS, LLC
`PATENT LITIG.
`
`Case No. 2:22-md-03034-TGB
`HON. TERRENCE G. BERG
`JURY TRIAL DEMANDED
`
`PLAINTIFF’S UNOPPOSED MOTION FOR LEAVE TO FILE
`PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT ON
`DEFENDANTS’ INEQUITABLE CONDUCT AND UNCLEAN
`HANDS DEFENSES AND CERTAIN EXHIBITS UNDER SEAL
`Pursuant to Local Rule 5.3(b), Plaintiff Neo Wireless, LLC (“Neo”),
`
`
`
`respectfully requests entry of an order granting leave to file under seal their Motion
`
`for Summary Judgment on Defendants’ Inequitable Conduct and Unclean Hands
`
`with the following exhibits under seal:
`
`Exhibit
`
`Description
`
`Exhibit I:
`
`Exhibit J:
`
`2023-12-20 Defendants’ Second Supplemental Invalidity and
`Unenforceability Contentions (HC-AEO)
`Linck Report (HC-AEO)
`Linck Report Exhibit F (HC-AEO)
`Dr. Xiaodong Li - Condensed Transcript (June 27, 2023) (HC-
`AEO)
`Harry Bims - Condensed Transcript (May 22, 2024) (HC-
`AEO)
`Exhibit R: Michael R. Buehrer - Condensed Transcript (May 22, 2024)
`(HC-AEO)
`
`Exhibit K:
`
`Exhibit L:
`
`Exhibit Q:
`
`1
`
`

`

`Case 2:22-md-03034-TGB ECF No. 253, PageID.15950 Filed 06/20/24 Page 2 of 5
`
`Exhibit
`
`Exhibit S:
`
`Exhibit Z:
`
`Description
`Jonathan Wells - Condensed Transcript (May 1, 2024) (HC-
`AEO)
`Exhibit W: Mahon Rebuttal Report (HC-AEO)
`Exhibit X: Wells Opening Report (HC-AEO)
`Bims Opening Report (HC-AEO)
`Exhibit Y:
`Buehrer Opening Report (HC-AEO)
`Titus Lo - Condensed Transcript (June 28, 2023) (HC-AEO)
`Exhibit AA:
`Exhibit BB: Ruifeng Wang - Condensed Transcript (July 29, 2023) (HC-
`AEO)
`2000-11-08 AT&T Email (HC-AEO)
`2000-06-06 AT&T Email (HC-AEO)
`2000-11-29 AT&T Email (HC-AEO)
`2000-01-11 AT&T Email (HC-AEO)
`AT&T White Paper (HC-AEO)
`
`Exhibit EE:
`
`Exhibit FF:
`
`Exhibit GG:
`
`Exhibit HH:
`
`Exhibit II:
`
`Exhibits I-L, Q-S, W-Z, AA-BB, and EE-II all contain “Confidential” or
`
`“Highly Confidential – Attorneys Eyes Only” information pursuant to the Protective
`
`Order (ECF No. 125) entered in this case, or otherwise describe or quote such
`
`designated materials. Exhibits I, Q-S, X-Z were designated by Defendants. Exhibits
`
`J-L, W, AA-BB were designated by Neo. Exhibits EE-II were designated by third-
`
`party AT&T. Plaintiff Neo’s Motion for Summary Judgment on Defendants’
`
`2
`
`

`

`Case 2:22-md-03034-TGB ECF No. 253, PageID.15951 Filed 06/20/24 Page 3 of 5
`
`Inequitable Conduct and Unclean Hands contains information designated by Neo,
`
`Defendants, as well as third parties.
`
`Determination of a motion for leave to file under seal is within the sound
`
`discretion of the district court. Meyer Goldberg, Inc. v. Fisher Foods, Inc., 823 F.2d
`
`159, 161 (6th Cir. 1987). The right of the public to access judicial records “is not
`
`absolute,” and the Sixth Circuit recognizes that “certain privacy rights of
`
`participants” are significant interests which can outweigh the public’s right to access.
`
`Brown & Williamson Tobacco Corp. v. F.T.C., 710 F.2d 1165, 1179 (6th Cir. 1983)
`
`(citing Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 598 (1978)) (additional
`
`citations omitted).
`
`Here, the information sought to be filed under seal includes confidential and
`
`highly confidential information (such as developmental and technical information)
`
`for the parties in this case and/or relevant third parties. Neo’s Motion, the supporting
`
`Brief, and the exhibits thereto should be permitted to be filed under seal to respect
`
`the privacy rights of the parties. See id. at 1179. These exhibits should be permitted
`
`to be filed under seal to respect the competitive advantage that the parties achieve
`
`by keeping detailed financial information private. See Apple Inc. v. Samsung Elecs.,
`
`Co., 727 F3d 1214, 1225–26 (Fed. Cir. 2013) (holding the district court abused its
`
`discretion in ordering unsealing as such the parties have “a significant interest in
`
`3
`
`

`

`Case 2:22-md-03034-TGB ECF No. 253, PageID.15952 Filed 06/20/24 Page 4 of 5
`
`preventing the release of their detailed financial information.”). Good cause
`
`therefore exists for the proposed sealed filing, and no opposition exists.
`
`For the reasons set forth above, the Neo respectfully requests that the Court
`
`grant its Unopposed Motion for Leave to File Under Seal.
`
`A proposed Order is concurrently submitted through the ECF system.
`
`DATED: June 20, 2024
`
`Respectfully submitted,
`
`
`
`/s/ Jason D. Cassady
`Jason D. Cassady
`Texas State Bar No. 24045625
`Email: jcassady@caldwellcc.com
`Christopher S. Stewart
`Texas State Bar No. 24079399
`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
`
`Jaye Quadrozzi (P71646)
`Email: jcquadrozzi@varnumlaw.com
`VARNUM LLP
`480 Pierce Street, Suite 300
`Birmingham, Michigan 48009
`Telephone:
`(248) 567-7800
`Facsimile:
`(214) 567-7423
`
`ATTORNEYS FOR PLAINTIFF
`NEO WIRELESS LLC
`
`
`
`4
`
`

`

`Case 2:22-md-03034-TGB ECF No. 253, PageID.15953 Filed 06/20/24 Page 5 of 5
`
`CERTIFICATE OF SERVICE
`
`I certify that counsel of record is being served with a copy of the foregoing
`
`document via the Court CM/ECF system on June 20, 2024.
`
`
`
`
`
`/s/ Jason D. Cassady
`Jason D. Cassady
`
`CERTIFICATE OF CONFERENCE
`Counsel for Neo contacted counsel for Defendants on June 19th, 2024, via
`
`electronic mail, regarding the relief requested in this motion. Counsel for
`
`Defendants concur in the relief requested in this motion.
`
`
`
`/s/ Jason D. Cassady
`Jason D. Cassady
`
`
`
`
`
`5
`
`

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