`
`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 REPLY IN SUPPORT OF
`NEO’S MOTION FOR SUMMARY JUDGMENT UNDER SEAL
`Pursuant to Local Rule 5.3(b), Plaintiff Neo Wireless, LLC (“Neo”),
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`
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`respectfully requests entry of an order granting leave to file under seal their Reply
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`in Support of Neo’s Motion for Summary Judgment Under Seal.
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`Plaintiff’s Reply contains “Confidential” and/or “Highly Confidential –
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`Attorneys Eyes Only” information pursuant to the Protective Order (ECF No. 125)
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`entered in this case, or otherwise describes or quotes such designated materials. Such
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`information was designated by Neo, Defendants, and/or third parties (such as AT&T)
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`and relates to expert reports and discussions of AT&T’s confidential materials related
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`to the Project Angel reference.
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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
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`159, 161 (6th Cir. 1987). The right of the public to access judicial records “is not
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`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 access.
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`1
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`Case 2:22-md-03034-TGB ECF No. 278, PageID.30819 Filed 08/01/24 Page 2 of 4
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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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`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
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`as such the parties have “a significant interest in preventing the release of their
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`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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`2
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`Case 2:22-md-03034-TGB ECF No. 278, PageID.30820 Filed 08/01/24 Page 3 of 4
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`DATED: July 18, 2024
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`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
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`3
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`Case 2:22-md-03034-TGB ECF No. 278, PageID.30821 Filed 08/01/24 Page 4 of 4
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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 August 1, 2024
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`/s/ Christopher S. Stewart
`Christopher S. Stewart
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`CERTIFICATE OF CONFERENCE
`Counsel for Neo communicated with counsel for Defendants on July 31st,
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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.
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`
`
`/s/ Christopher S. Stewart
`Christopher S. Stewart
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`4
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