Case 2:22-md-03034-TGB ECF No. 265, PageID.28464 Filed 07/18/24 Page 1 of 5
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`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 FOR SUMMARY JUDGMENT UNDER SEAL
`
`Pursuant to Local Rule 5.3(b), Plaintiff Neo Wireless, LLC (“Neo”),
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`respectfully requests entry of an order granting leave to file under seal their
`
`Plaintiff’s Brief in Opposition to Defendants’ Motion for Summary Judgment with
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`the following exhibits under seal:
`
`Exhibit
`
`Exhibit B:
`
`Exhibit C:
`
`Exhibit D:
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`Exhibit F:
`
`Exhibit H:
`
`Exhibit N:
`
`Description
`
`Excerpts of Mahon Deposition Transcript (HC-AEO) –
`REDACTED
`
`Excerpts of Mahon Report – Appendix K – Ford (HC-AEO) –
`FILED UNDER SEAL
`
`Excerpts of Mahon Report – Appendix R – Ford (HC-AEO) –
`FILED UNDER SEAL
`
`FCA’s Sixth Supplemental Response Neo’s First Set of
`Interrogatories (HC-AEO) – FILED UNDER SEAL
`
`Excerpts of Schell Deposition Transcript (HC-AEO) – FILED
`UNDER SEAL
`
`Neo’s First Supplemental Response to Defendants’ First Set of
`Interrogatories (HC-AEO) – FILED UNDER SEAL
`
`1
`
`
`
`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 FOR SUMMARY JUDGMENT 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 for Summary Judgment with
`
`the following exhibits under seal:
`
`Exhibit
`
`Exhibit B:
`
`Exhibit C:
`
`Exhibit D:
`
`Exhibit F:
`
`Exhibit H:
`
`Exhibit N:
`
`Description
`
`Excerpts of Mahon Deposition Transcript (HC-AEO) –
`REDACTED
`
`Excerpts of Mahon Report – Appendix K – Ford (HC-AEO) –
`FILED UNDER SEAL
`
`Excerpts of Mahon Report – Appendix R – Ford (HC-AEO) –
`FILED UNDER SEAL
`
`FCA’s Sixth Supplemental Response Neo’s First Set of
`Interrogatories (HC-AEO) – FILED UNDER SEAL
`
`Excerpts of Schell Deposition Transcript (HC-AEO) – FILED
`UNDER SEAL
`
`Neo’s First Supplemental Response to Defendants’ First Set of
`Interrogatories (HC-AEO) – FILED UNDER SEAL
`
`1
`
`
`
`Case 2:22-md-03034-TGB ECF No. 265, PageID.28465 Filed 07/18/24 Page 2 of 5
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`Exhibit
`
`Exhibit O:
`
`Description
`
`Mahon Opening Report – Appendix F – GM (HC-AEO) –
`FILED UNDER SEAL
`
`Exhibit Q:
`
`LG Declaration (HC-AEO) – FILED UNDER SEAL
`
`Exhibits B-D, F, H, N-O, and Q 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 F and H were designated by Defendants and comprise an
`
`interrogatory response and a deposition transcript. Exhibits B-D and N-O were
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`designated by Neo and comprise interrogatory responses, expert report sections, and
`
`expert deposition transcripts. Exhibit Q was designated by a third-party to this case
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`and comprises a technical declaration.
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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 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.
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`Brown & Williamson Tobacco Corp. v. F.T.C., 710 F.2d 1165, 1179 (6th Cir. 1983)
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`(citing Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 598 (1978)) (additional
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`citations omitted).
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`2
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`
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`Case 2:22-md-03034-TGB ECF No. 265, PageID.28466 Filed 07/18/24 Page 3 of 5
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`Here, the information sought to be filed under seal includes confidential and
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`highly confidential information (such as source code, financials, licensing
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`communications, technical information, etc.) for the parties in this case, as well as
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`relevant third parties. Neo’s Motion, the supporting Brief, and the exhibits thereto
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`should be permitted to be filed under seal to respect the privacy rights of the parties.
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`See id. at 1179. These exhibits should be permitted to be filed under seal to respect
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`the competitive advantage that the parties achieve by keeping detailed financial
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`information private. See Apple Inc. v. Samsung Elecs., Co., 727 F3d 1214, 1225–26
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`(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
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`filing, and no opposition exists.
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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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`3
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`Case 2:22-md-03034-TGB ECF No. 265, PageID.28467 Filed 07/18/24 Page 4 of 5
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`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
`
`
`
`4
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`Case 2:22-md-03034-TGB ECF No. 265, PageID.28468 Filed 07/18/24 Page 5 of 5
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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 CM/ECF system on July 18, 2024.
`
`/s/ Christopher S. Stewart
`Christopher S. Stewart
`
`
`
`
`
`
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`CERTIFICATE OF CONFERENCE
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`Counsel for Neo communicated with counsel for Defendants on July 18th,
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`2024, via electronic mail, regarding the relief requested in this motion. Counsel for
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`Defendants concur in the relief requested in this motion.
`
`
`
`/s/ Christopher S. Stewart
`Christopher S. Stewart
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`5
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