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Case 2:22-md-03034-TGB ECF No. 260, PageID.20538 Filed 07/18/24 Page 1 of 7
`
`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 BRIEF IN OPPOSITION
`TO DEFENDANTS’ MOTION TO EXCLUDE 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
`
`Plaintiff’s Brief in Opposition to Defendants’ Motion to Exclude with the following
`
`exhibits under seal:
`
`Exhibit
`Exhibit A:
`
`Exhibit B:
`
`Exhibit C:
`
`Exhibit D:
`
`Exhibit E:
`
`Exhibit F:
`
`Description
`Excerpts from Meyer Rebuttal Report (HC-AEO) – FILED
`UNDER SEAL
`Excerpts from Bakewell Rebuttal Report (HC-AEO) – FILED
`UNDER SEAL
`Excerpts from Dean Deposition Transcript (HC-AEO) –
`FILED UNDER SEAL
`Excerpts from Neo Presentation to Volkswagen (HC-AEO) –
`FILED UNDER SEAL
`Excerpts from Neo Presentation to Mercedes (HC-AEO) –
`FILED UNDER SEAL
`Excerpts from Dean Rebuttal Report (HC-AEO) – FILED
`UNDER SEAL
`
`1
`
`

`

`Case 2:22-md-03034-TGB ECF No. 260, PageID.20539 Filed 07/18/24 Page 2 of 7
`
`Exhibit
`Exhibit G:
`
`Description
`Excerpts from Harvey Deposition Transcript (HC-AEO) –
`FILED UNDER SEAL
`Exhibit H: Mahon Opening Base Report – Ford (HC-AEO) – FILED
`UNDER SEAL
`Exhibit I: Mahon Opening Report – Appendix I – Ford (HC-AEO) –
`FILED UNDER SEAL
`Exhibit J: Mahon Opening Report – Appendix J – Ford (HC-AEO) –
`FILED UNDER SEAL
`Exhibit K: Mahon Opening Report – Appendix K – Ford (HC-AEO) –
`FILED UNDER SEAL
`Exhibit L: Mahon Opening Report – Appendix L – Ford (HC-AEO) –
`FILED UNDER SEAL
`Exhibit M: Mahon Opening Report – Appendix M – Ford (HC-AEO) –
`FILED UNDER SEAL
`Exhibit N: Mahon Opening Report – Appendix N – Ford (HC-AEO) –
`FILED UNDER SEAL
`Exhibit P: Mahon Opening Report – Appendix B – Ford (HC-AEO) –
`FILED UNDER SEAL
`Exhibit R: Mahon Opening Report – Appendix E – Ford (HC-AEO) –
`FILED UNDER SEAL
`Exhibit S: Mahon Opening Report – Appendix F – Ford (HC-AEO) –
`FILED UNDER SEAL
`Exhibit T: Mahon Opening Report – Appendix F – Annex 1 – Ford (HC-
`AEO) – FILED UNDER SEAL
`Exhibit U: Mahon Opening Report – Appendix F – Annex 1 – Compiled
`Excerpts from All Defendant Versions (HC-AEO) – FILED
`UNDER SEAL
`
`2
`
`

`

`Case 2:22-md-03034-TGB ECF No. 260, PageID.20540 Filed 07/18/24 Page 3 of 7
`
`Exhibit Z:
`
`Description
`Exhibit
`Exhibit V: Mahon Opening Report – Appendix G – Ford (HC-AEO) –
`FILED UNDER SEAL
`Excerpt from Jones Report (HC-AEO) – FILED UNDER
`SEAL
`Excerpt from Wells Deposition Transcript (HC-AEO) –
`FILED UNDER SEAL
`Excerpt from Bims Deposition Transcript (HC-AEO) – FILED
`UNDER SEAL
`
`Exhibit AA:
`
`Exhibit BB:
`
`Exhibits A-N, P, R-V, and Z-BB 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 AA-BB were designated by Defendants and comprise expert
`
`deposition transcripts. Exhibits A-N, P, R-V, and Z were designated by Neo and
`
`comprise expert reports, expert deposition transcripts, and confidential licensing
`
`presentations.
`
`Exhibits I, P, and Z may contain “QUALCOMM – OUTSIDE ATTORNEYS’
`
`EYES ONLY – SOURCE CODE” information pursuant to the Supplemental
`
`Protective Order (ECF No. 126) entered in this case, or otherwise describe or quote
`
`such designated materials.
`
`3
`
`

`

`Case 2:22-md-03034-TGB ECF No. 260, PageID.20541 Filed 07/18/24 Page 4 of 7
`
`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 source code, financials, licensing
`
`communications, technical information, etc.) for the parties in this case, as well as
`
`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 preventing the release of their
`
`detailed financial information.”). Good cause therefore exists for the proposed sealed
`
`filing, and no opposition exists.
`
`4
`
`

`

`Case 2:22-md-03034-TGB ECF No. 260, PageID.20542 Filed 07/18/24 Page 5 of 7
`
`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.
`
`5
`
`

`

`Case 2:22-md-03034-TGB ECF No. 260, PageID.20543 Filed 07/18/24 Page 6 of 7
`
`DATED: July 18, 2024
`
`
`
`
`
`Respectfully submitted,
`/s/ Christopher S. Stewart
`Jason D. Cassady
`Texas Bar No. 24045625
`Email: jcassady@caldwellcc.com
`Christopher S. Stewart
`Texas Bar No. 24079399
`Email: cstewart@caldwellcc.com
`Daniel R. Pearson
`Texas Bar No. 24070398
`Email: dpearson@caldwellcc.com
`Hamad M. Hamad
`Texas Bar No. 24061268
`Email: hhamad@caldwellcc.com
`Bailey A. Blaies
`Texas Bar No. 24109297
`Email: bblaies@caldwellcc.com
`Bjorn. A. Blomquist
`Texas Bar No. 24125125
`Email: bblomquist@caldwellcc.com
`James F. Smith
`Texas Bar No. 24129800
`Email: jsmith@caldwellcc.com
`James Yang
`California Bar No. 329979
`Email: jyang@caldwellcc.com
`Alexander J. Gras
`Texas Bar No. 24125252
`Email: agras@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
`
`
`
`6
`
`

`

`Case 2:22-md-03034-TGB ECF No. 260, PageID.20544 Filed 07/18/24 Page 7 of 7
`
`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 July 18, 2024.
`
`
`
`
`
`/s/ Christopher S. Stewart
`Christopher S. Stewart
`
`
`
`CERTIFICATE OF CONFERENCE
`Counsel for Neo communicated with counsel for Defendants on July 18th,
`
`2024, via electronic mail, regarding the relief requested in this motion. Counsel for
`
`Defendants concur in the relief requested in this motion.
`
`
`
`/s/ Christopher S. Stewart
`Christopher S. Stewart
`
`
`
`
`
`7
`
`

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