Case 4:20-cv-05640-YGR Document 613 Filed 05/09/21 Page 1 of 4
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
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`EPIC GAMES, INC.,
`Plaintiff,
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`vs.
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`APPLE INC.,
`Defendant.
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`Case No. 4:20-cv-05640-YGR
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`TRIAL ORDER NO. 3 RE: BENCH TRIAL
`WEEK 1 PARTY SEALING REQUESTS
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`AND RELATED COUNTERCLAIM
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`TO ALL PARTIES AND COUNSEL OF RECORD:
`The Court is in receipt of plaintiff Epic Games, Inc.’s and defendant Apple Inc’s
`documents from the first week of the bench trial for which they are requesting sealing. Trial
`records enjoy a “strong presumption in favor of access” that can only be overcome by “compelling
`reasons supported by specific factual findings that outweigh the general history of access and the
`public policies favoring disclosure.” Kamakana v. City & Cty. of Honolulu, 447 F.3d 1172, 1178-
`79 (9th Cir. 2006). “In general, ‘compelling reasons’ sufficient to outweigh the public’s interest in
`disclosure and justify sealing court records exist when such ‘court files might have become a
`vehicle for improper purposes,’ such as the use of records to gratify private spite, promote public
`scandal, circulate libelous statements, or release trade secrets.” Id. at 1179 (quoting Nixon v.
`Warner Commc’ns, Inc., 435 U.S. 589, 598 (1978)).
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`Northern District of California
`United States District Court
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`
`
`EPIC GAMES, INC.,
`Plaintiff,
`
`vs.
`
`APPLE INC.,
`Defendant.
`
`Case No. 4:20-cv-05640-YGR
`
`TRIAL ORDER NO. 3 RE: BENCH TRIAL
`WEEK 1 PARTY SEALING REQUESTS
`
`
`
`
`
`
`
`
`AND RELATED COUNTERCLAIM
`
`TO ALL PARTIES AND COUNSEL OF RECORD:
`The Court is in receipt of plaintiff Epic Games, Inc.’s and defendant Apple Inc’s
`documents from the first week of the bench trial for which they are requesting sealing. Trial
`records enjoy a “strong presumption in favor of access” that can only be overcome by “compelling
`reasons supported by specific factual findings that outweigh the general history of access and the
`public policies favoring disclosure.” Kamakana v. City & Cty. of Honolulu, 447 F.3d 1172, 1178-
`79 (9th Cir. 2006). “In general, ‘compelling reasons’ sufficient to outweigh the public’s interest in
`disclosure and justify sealing court records exist when such ‘court files might have become a
`vehicle for improper purposes,’ such as the use of records to gratify private spite, promote public
`scandal, circulate libelous statements, or release trade secrets.” Id. at 1179 (quoting Nixon v.
`Warner Commc’ns, Inc., 435 U.S. 589, 598 (1978)).
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`Case 4:20-cv-05640-YGR Document 613 Filed 05/09/21 Page 2 of 4
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`Epic Games’ request to seal ten documents (DX-2455, DX-3399, DX-3472, DX-3756,
`DX-3818, DX-3955, DX-3993, PX-2456, PX-2463, PX-2469) is GRANTED with the following
`exceptions below:
` DX-3472
`o Section 1.1: “Samsung IAP” and its definition shall be unredacted. The remainder
`of the proposed redactions in this section is sealed.
`o Section 8 Title: the title shall be unredacted.
`o Section 8.1: The first sentence shall be unredacted (ending with “or Samsung Pay
`in the Territory”). The remainder of this section is sealed.
` DX-3818
`o As Epic Games’ own counsel already inadvertently disclosed on the record on May
`4, 2021 the name of the developer/publisher for which this email pertains,1 the
`name of this developer/publisher (Paradox) shall be unredacted. Thus:
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`the subject lines on 3818.1 containing the name Paradox shall be
`unredacted;
`the name references to Paradox on 3818.2 and 3818.3 shall be unredacted;
`and
`the name references to Paradox shall also be unredacted on 3818.4 until and
`including the “Studio: Paradox” proposed redaction. The remaining
`references to Paradox after “Studio: Paradox” on this page and the next
`page are otherwise appropriately sealed.
`Apple’s request to seal six documents (DX-4178, PX-59, PX-201, PX-314, PX-413, and
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`PX-414) is GRANTED with the following exceptions below:
` DX-4178
`o 4178.03, 4178.05: title of slide shall be unredacted.
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`1 See, e.g,, https://twitter.com/thedextriarchy/status/1389615512385200132 (“The
`document apparently concerns the terms of Epic’s deal with Paradox.”).
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`Case 4:20-cv-05640-YGR Document 613 Filed 05/09/21 Page 3 of 4
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`o 4178.06: title of slide shall be unredacted. The notes shall further be unredacted
`except for the specific references to percentages, and monetary amounts, which are
`appropriately sealed at this time.
`o 4178.07, 4178.08: these pages shall be entirely unredacted.
`o 4178.09: this page shall be unredacted except that the gross amount and “YoY”
`figures in the slide shall be sealed. The notes section referencing the gross amount
`in the last sentence shall also be sealed.
`o 4178.12: this page shall be unredacted except that the gross amount and “YoY”
`figures in the slide shall be sealed. The amounts referenced in the notes section
`shall also be sealed.
`o 4178.38: title of slide shall be unredacted.
`o 4178.59, 4178.60: title of the slide shall be unredacted.
` PX-59
`o 59.02: the slide shall be unredacted.
`o 59.07: the title of the slide shall be unredacted. The first sentence in the notes
`section shall also be unredacted.
`o 59.09, 59.10, 59.15, 59.16: title of slides shall be unredacted.
`o 59.17, 59.18: slide shall be unredacted.
`o 59.20, 59.21: title of slides shall be unredacted.
`o 59.22: title of the slide shall be unredacted. First and fourth paragraphs in the notes
`section shall be unredacted. First sentence in the third paragraph in the notes
`section shall also be unredacted.
`o 59.23: slide shall be unredacted.
`o 59.35-59.41, 59.43, 59.47, 59.55, 59.60, 59.61, 59.67, 59.77-59.79, 59.81, 59.84,
`59.86-59.88, 59.90, 59.92-59.94, 59.96-59.98, 59.100-101: title of slides shall be
`unredacted.
`o 59.103: slide shall be unredacted.
`o 59.104-59.114, 59.116-59.117: title of slides shall be unredacted.
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`Case 4:20-cv-05640-YGR Document 613 Filed 05/09/21 Page 4 of 4
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`o 59.118: slide shall be unredacted.
`o 59.119-59.128: title of slides shall be unredacted.
`o 59.135, 59.137, 59.138: slides shall be unredacted.
`o 59.140: title shall be unredacted.
`o 59.142, 59.145: slide shall be unredacted.
`o 59.147-59.148: title of slides shall be unredacted.
`o 59.154: slide shall be unredacted.
`o 59.155-59.157: title of slides shall be unredacted.
`o 59.161: slide shall be unredacted.
`o 59.163: the page shall be entirely unredacted except that the gross amount and
`“YoY” figures shall be sealed in the slide. The percentage amounts referenced in
`the notes section shall also be sealed.
`o 59.164: title of slide shall be unredacted.
`o 59.165: the slide shall be unredacted, except that the gross amount and “YoY”
`figures shall be sealed. The first sentence in the notes section shall be unredacted.
`o 59.168: slide shall be unredacted, except that the download amount and “YoY”
`figures shall be sealed.
`o 59.171-59.172: title of slides shall be unredacted.
` PX-314
`o The Court has determined that the withholding of the entirety of this document is
`not appropriate at this time. Apple shall resend this document to Chambers with
`proposed redactions within forty-eight (48) hours of the posting of this Order.
`Apple is urged to consider the above redactions in determining what information
`the Court is and is not sealing when submitting proposed redactions.
`IT IS SO ORDERED.
`Dated: May 9, 2021
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