`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`
`MAXELL LTD.,
`
`Plaintiff,
`
`
`
`
`
`
`v.
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`APPLE INC,
`
`
`
`
`
`
`
`
`Defendant.
`
`
`
`
`CIVIL ACTION NO. 5:19-CV-00036-RWS
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
`ORDER
`
`
`
`
`
`
`
`
`
`Before the Court is Defendant Apple’s Motion to Redact Portions of the September 17,
`
`2019 Motions Hearing Transcript (Docket No. 115). Defendant’s motion is DENIED. Defendant
`
`may refile an amended motion within three (3) days of this Order.
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`This Court’s standing order requires litigants seeking transcript redactions to demonstrate
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`that the information sought to be protected is “of such a sensitive nature that its disclosure creates
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`a risk of harm that outweighs the strong presumption in favor of public access to judicial
`
`proceedings.” Standing Order Regarding Protection of Proprietary and/or Confidential
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`Information to Be Presented to the Court During Motion and Trial Practice at 1 (available at
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`http://www.txed.uscourts.gov/?q=judge/district-judge-robert-schroeder-iii).
`
` Although Apple
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`asserts that portions it seeks to redact contain “confidential business information,” on their face
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`the requested redactions are far broader and attempt to redact public information and court
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`opinions. See, e.g., Omni Medsci, Inc. v. Apple, Inc., No. 2:18-cv-134, ECF No. 287 (Aug. 23,
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`2019).
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`
`
`
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`Case 5:19-cv-00036-RWS Document 124 Filed 11/13/19 Page 2 of 2 PageID #: 5346
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`Accordingly, it is
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`ORDERED that Apple’s Motion to Redact (Docket No. 115) is DENIED. Defendant may
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`file an amended request within three (3) days of the date of this order to seal portions of the
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`transcript that truly disclose confidential information in compliance with the standing order. Any
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`request should limit the number of sealed portions and consider the public’s interest in open
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`judicial proceedings with a brief, particularized explanation for why each requested portion of the
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`transcript should be sealed.
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`
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`Page 2 of 2
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`.
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`
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`____________________________________
`ROBERT W. SCHROEDER III
`UNITED STATES DISTRICT JUDGE
`
`So ORDERED and SIGNED this 13th day of November, 2019.
`
`
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