Opinion

Google LLC v. Sonos, Inc.

Court
District Court, N.D. California
Filed
Feb 9, 2024
Cited by
0 cases
Authority
More cited than 19.0%

The opinion

1

2

3

4

5

6 UNITED STATES DISTRICT COURT

7

NORTHERN DISTRICT OF CALIFORNIA

8

9

10 SONOS, INC.,

11 Plaintiff, No. C 20-06754 WHA

No. C 21-07559 WHA

12 v.

13 GOOGLE LLC, OMNIBUS ORDER RE FINAL

MOTIONS TO SEAL

14 Defendant.

15

16 This omnibus order addresses the remaining omnibus motions to seal (Dkt. Nos. 831,

17 851). In accordance with prior orders, the parties have tailored their requests to seal

18 considerably (see Dkt. Nos. 817, 846). At this stage, the requests largely involve many

19 different filings of the same documents, and they have been granted at a higher rate than in past

20 sealing orders (see Dkt. Nos. 334, 518). The Court again thanks Sonos and its counsel for the

21 careful work narrowing its sealing requests (see Dkt. No. 846 at 1). For the reasons stated

22 herein, Sonos’s omnibus motion to seal is GRANTED. The Court now thanks Google and its

23 counsel for further narrowing its sealing requests and providing detailed charts (see Dkt.

24 Nos. 852–54). For the reasons stated herein, Google’s omnibus motion to seal is GRANTED IN

25 PART and DENIED IN PART.

26 There is a strong public policy in favor of openness in our court system and the public is

27 entitled to know to whom we are providing relief (or not). See Kamakana v. City & Cnty. of

1 attachments that are “more than tangentially related to the merits of a case” may be sealed only

2 upon a showing of “compelling reasons” for sealing. Ctr. for Auto Safety v. Chrysler Grp.,

3 LLC, 809 F.3d 1092, 1101–02 (9th Cir. 2016). Filings that are only tangentially related to the

4 merits may be sealed upon a lesser showing of “good cause.” Id. at 1097. The compelling

5 reasons standard applies to most judicial records. Evidentiary motions, such as motions in

6 limine and Daubert motions, can be strongly correlative to the merits of a case. Id. at 1098–

7 1100.

8 In addition, sealing motions filed in this district must contain a specific statement that

9 explains: (1) the legitimate private or public interests that warrant sealing; (2) the injury that

10 will result should sealing be denied; and (3) why a less restrictive alternative to sealing is not

11 sufficient. The material requested to be sealed must be “narrowly tailored to seal only the

12 sealable material.” Civ. L.R. 79-5(c). For example, “[t]he publication of materials that could

13 result in infringement upon trade secrets has long been considered a factor that would

14 overcome [the] strong presumption” in favor of access and provide compelling reasons for

15 sealing. Apple Inc. v. Psystar Corp., 658 F.3d 1150, 1162 (9th Cir. 2011). Compelling reasons

16 may also warrant sealing for “sources of business information that might harm a litigant’s

17 competitive standing,” especially where the public has “minimal interest” in the information.

18 See Nixon v. Warner Comms., Inc., 435 U.S. 589, 598 (1978).

19 Finally, “[s]upporting declarations may not rely on vague boilerplate language or

20 nebulous assertions of potential harm but must explain with particularity why any document or

21 portion thereof remains sealable under the applicable legal standard.” Bronson v. Samsung

22 Elecs. Am., Inc., 2019 WL 7810811, at *1 (N.D. Cal. May 28, 2019) (citing Civ. L.R. 79-5).

23 “Reference to a stipulation or protective order that allows a party to designate certain

24 documents as confidential is not sufficient to establish that a document, or portions thereof, are

25 sealable.” Civ. L.R. 79-5(c).

26 1. SONOS’S OMNIBUS MOTION TO SEAL (DKT. NO. 831).

27 Regarding Sonos’s omnibus motion and related exhibits, this order rules as follows:

Dkt. Document to be Result Reasoning

1

No. Sealed

2 831-4 Proposed GRANTED. Sonos seeks to seal the proposed term

Term Sheet sheet containing the details of a licensing

3 agreement that the parties explored but

did not execute prior to this litigation.

4 Google seeks to seal this document as

well (see, e.g., Dkt. No. 854-3).

5

6 As Sonos observes, solely the existence

of this proposed term sheet was

7 discussed in open court at trial, not its

details (see Tr. 1038:6–1039:5).

8 According to Sonos, “the parties were

only able to consider a pre-litigation

9

license agreement because of the

10 understanding that those negotiations

would be confidential, subject to an

11 NDA, and subject to the restrictions on

use imposed by Federal Rule of Evidence

12 408” (Dkt. No. 831 at 4).

13

Critically, the proposed term sheet was,

14 at most, only tangentially related to the

merits of this action. What’s more, its

15 disclosure could foreseeably cause the

parties competitive harm and chill others

16

from engaging in negotiations that could

17 avoid such costly and prolonged

litigation in other circumstances.

18

831-5 Proposed GRANTED. See entry for Dkt. No. 831-4.

19 Term Sheet

20

831-6 Excerpt of GRANTED. Both parties seek to seal material from

Bakewell Rebuttal this expert report excerpt. For rulings on

21 Expert Report the additional material that Google seeks

to seal, please refer to the entry for Dkt.

22 No. 854-5.

23 The material that Sonos seeks to seal, in

blue boxing, is narrowly tailored and

24

references confidential details of the

25 proposed term sheet, which can be sealed

for the reasons stated in the entry on the

26 proposed term sheet above. See entry for

Dkt. No. 831-4.

27

831-7 Google’s Response GRANTED. The material that Sonos seeks to seal is

1

to Sonos’s First narrowly tailored and references

2 Motion in Limine confidential details of the proposed term

sheet, which can be sealed for the

3 reasons stated in the entry on the

proposed term sheet above. See entry for

4 Dkt. No. 831-4.

5

831-8 Excerpt of GRANTED. See entry for Dkt. No. 831-7.

6 Malackowski

Supplemental

7 Expert Report

831-9 Excerpt of GRANTED. See entry for Dkt. No. 831-7.

8 Bakewell Rebuttal

Expert Report

9

831-10 Excerpt of GRANTED. See entry for Dkt. No. 831-7.

10 Bakewell Rebuttal

Expert Report

11 831-11 Google’s Response GRANTED. See entry for Dkt. No. 831-7.

to Sonos’s First

12

Motion in Limine

13 831-12 Excerpt of GRANTED. See entry for Dkt. No. 831-7.

Malackowski

14 Supplemental

Expert Report

15 831-13 Excerpt of GRANTED. See entry for Dkt. No. 831-7.

Bakewell Rebuttal

16

Expert Report

17 831-14 Proposed GRANTED. See entry for Dkt. No. 831-4.

Term Sheet

18 831-15 Proposed GRANTED. See entry for Dkt. No. 831-4.

Term Sheet

19

831-16 Proposed GRANTED. See entry for Dkt. No. 831-4.

20 Term Sheet

831-17 Excerpt of GRANTED. See entry for Dkt. No. 831-7.

21 Malackowski

Supplemental

22 Expert Report

23

831-18 Excerpt of GRANTED. See entry for Dkt. No. 831-7.

Bakewell Rebuttal

24 Expert Report

831-19 Proposed GRANTED. See entry for Dkt. No. 831-4.

25 Term Sheet

831-20 Proposed GRANTED. See entry for Dkt. No. 831-4.

26

Term Sheet

27

2. GOOGLE’S OMNIBUS MOTION TO SEAL (DKT. NO. 851).

Dkt. Document to be Result Reasoning

1

No. Sealed

2 852-1 Google’s GRANTED. This request is now narrowly tailored to a

Opposition to single source code flow for adding a

3 Sonos’s First device to a multizone group on page 10.

Motion for

4 Summary As Google observes, “[a]lthough the

Judgment general types of information that were

5

included in a join_group command were

6 discussed at trial, the source code

implementation of the same was not

7 disclosed” (Dkt. No. 852 at 5). Although

the Court doubts that competitive harm

8 would in fact befall Google if this

straightforward implementation were

9

disclosed, here, the public interest in this

10 material is satisfied by the detailed

discussion of join_group elsewhere.

11

852-2 Excerpt of ’966 GRANTED. This request is now narrowly tailored to

12

Patent the source code flow above, as well as

Infringement source code function calls and hierarchy

13

Contention Chart information that is considerably more

14 detailed. Again, the public interest in

this material is satisfied by discussion of

15 the relevant functions elsewhere. What’s

more, the potential for competitive harm

16

is higher here, as disclosure could enable

17 others to replicate how Google’s code is

structured or introduce security risks.

18

852-3 Excerpt of GRANTED IN The request to seal the function name at

19 Almeroth PART, line 10 of page 33 is denied. Google has

20

Supplemental DENIED IN failed to demonstrate why that name is

Reply Expert PART. more sensitive than those of other

21 Report functions disclosed in surrounding lines.

The remainder of the request, with

22 respect to the source code trace, is

granted, seeing that it is narrowly

23 tailored, disclosure could cause Google

competitive harm, and the public interest

24

is satisfied by discussion of the

25 join_group functionality elsewhere.

26 852-4 Excerpt of GRANTED. This request is now narrowly tailored to

Almeroth Opening technical details regarding source code

27 Expert Report functionality and flow, disclosure of

harm. Again, the public interest in this

1

material is satisfied by discussion of

2 associated functionality elsewhere.

3 853-1 Excerpt of ’033 GRANTED IN Seeing that Google has provided no

Patent PART, explanation as to why disclosure of the

4 Infringement DENIED IN name of the data object on page 11

5

Contention Chart PART. should be sealed, and Google omitted

this material from the sealing chart (see

6 Dkt. No. 853 at 1), this order declines to

seal it. The remainder of Google’s

7 request is granted. See entry for Dkt.

No. 852-4.

8

9 853-2 Excerpt of ’033 GRANTED. See entry for Dkt. No. 852-4.

Patent

10 Infringement

Contention Chart

11 853-3 Excerpt of GRANTED IN As Google observes, it has removed

Google’s Third PART, requests to seal source code file names

12

Supplemental DENIED IN and descriptions of certain parameters

13 Objections and PART. (Dkt. No. 853 at 4). The bulk of the

Responses to remaining names and parameters that it

14 Sonos’s First Set of requests to seal were not at issue in this

Interrogatories litigation and, as such, the public interest

15 in their disclosure is de minimis.

16

That said, “watchNextToken” was

17 already disclosed (e.g., in the

infringement contentions chart for the

18 ’033 patent), so there is no justification

for sealing that parameter and associated

19 description. Meanwhile, the

“MdxRemoteQueueEvent” object was

20

directly relevant to the discussion of

21 remote queues and the MDx server in

this litigation, and Google has failed to

22 sufficiently explain why disclosure of

this object and associated description

23 would cause it harm. As such, Google’s

request is denied with respect to this

24

material.

25

853-4 Excerpt of GRANTED IN See entry for Dkt. No. 853-3.

26 Google’s Third PART,

Supplemental DENIED IN

27

Objections and PART.

Sonos’s First Set of

1

Interrogatories

2 853-5 Excerpt of GRANTED IN Google significantly reduced its request

MacLellan PART, to seal so as to “[c]ontain[] testimony

3 Deposition DENIED IN from a Google witness explaining the

Transcript PART. operation of specific source code lines

4 for casting and stream transfer

functionalities” (Dkt. No. 853 at 5). The

5

explanation of those specific source code

6 lines did not come up at trial, and there is

little public interest in their disclosure, so

7 the bulk of Google’s request is granted.

8 The highlighted text on pages 114, 165,

173 (only lines 17–25), 174, 183 (only

9

lines 18–25), and 195–96, however, is

10 not tailored to specific source code lines

but rather contains generalized

11 explanation of casting and stream

transfer functionalities, which were

12 discussed in support of Google’s

defenses in dispositive motion practice

13

and at trial. As such, there is substantial

14 public interest, and little potential for

harm, flowing from disclosure of such

15 material. Google’s request as to these

passages is denied.

16

17 853-6 Excerpt of ’033 GRANTED. See entry for Dkt. No. 852-4.

Patent

18 Infringement

Contention Chart

19 853-7 Excerpt of Schmidt GRANTED. See entry for Dkt. No. 852-4.

Opening Expert

20

Report

21 853-8 Excerpt of GRANTED IN Google is correct that the image on page

Bhattacharjee PART, 38 contains information from an internal

22 Rebuttal Expert DENIED IN document involving the transmission,

Report PART. storage, and processing of security

23 tokens and credentials not at issue in this

litigation. But Bhattacharjee’s boxed

24

items within this image were at issue in

25 this litigation. The image should be

redacted in a way that omits what was

26 not at issue and keeps what was at issue.

In other words, Bhattacharjee’s boxed

27 items, as well as “Watch Next Service”

and “Player Service,” should not be

1

redacted.

2

The remainder of Google’s request to

3 seal is granted. The pertinent material

was either not at issue in this litigation or

4 was sufficiently technically detailed that

it could cause competitive harm to

5

Google, with the public interest served

6 by surrounding description that Google

does not seek to seal.

7

853-9 YouTube Music GRANTED. Google seeks to seal an internal working

8 Internal Document document in which employees discussed

casting with YouTube Music, public

9

disclosure of which could cause Google

10 competitive harm.

11 853-10 Excerpt of ’033 GRANTED. See entry for Dkt. No. 852-4.

Patent

12

Infringement

Contention Chart

13

853-11 YouTube Music GRANTED. Google seeks to seal an internal Wiki

14 Internal Wiki entry discussing YouTube Music

playback, public disclosure of which

15 could cause Google competitive harm.

16

853-12 Excerpt of GRANTED. Google seeks to seal the personal home

17 Nicholson address of a Google employee, public

Deposition disclosure of which could cause privacy

18 Transcript and security issues for that employee and

his family.

19

20

853-13 YouTube Music GRANTED. See entry for Dkt. No. 853-11.

Internal Wiki

21 853-14 Excerpt of GRANTED. See entry for Dkt. No. 852-4.

Bhattacharjee

22 Rebuttal Expert

Report

23

853-15 Excerpt of GRANTED. See entry for Dkt. No. 853-8. Note that

24 Bhattacharjee the image that this order previously

Rebuttal Expert declined to redact in full is not included

25 Report in this particular excerpt, so Google’s

request as to this particular excerpt is

26 granted in its entirety for the reasons

stated previously.

27

853-16 Internal YouTube GRANTED. Google seeks to seal an internal slide

1

Slide Deck deck discussing the operation, design,

2 and architecture of the Streaming Watch

functionality with employee

3 commentary, public disclosure of which

could cause Google competitive harm.

4

5

853-17 Excerpt of Schmidt GRANTED. See entry for Dkt. No. 852-4.

Opening Expert

6 Report

853-18 Excerpt of Schmidt GRANTED. See entry for Dkt. No. 852-4.

7 Opening Expert

Report

8

853-19 Excerpt of ’033 GRANTED. See entry for Dkt. No. 852-4.

Patent

9

Infringement

10 Contention Chart

853-20 Excerpt of GRANTED IN Here, Google requests to seal more

11 Google’s Third PART, material than it did in a prior request

Supplemental DENIED IN involving the same excerpt. This

12

Objections and PART. document should be redacted as set out

13 Responses to previously for the reasons discussed

Sonos’s First Set of previously. See entry for Dkt. No. 853-3.

14 Interrogatories

853-21 Bhattacharjee GRANTED IN The images on pages 15 and 18 should

15 Declaration PART, be redacted as set out previously for the

16

DENIED IN reasons discussed previously. See entry

PART. for Dkt. No. 853-8.

17

With respect to the image on page 18, the

18 portion to the left of “MDx session

server” and the descriptive bubbles

19 should also be disclosed because they

were directly at issue in this case and

20

these steps were discussed in open court

21 and in prior orders.

22 This order otherwise grants the request to

seal technical details regarding source

23 code functionality and flow where the

public interest in this material is satisfied

24

by discussion of associated functionality

25 elsewhere.

26 853-22 Google’s Motion GRANTED. See entry for Dkt. No. 852-4.

to Strike Slide

27

Deck

1

854-1 Excerpt of GRANTED IN Google requests to seal “references to the

Bhattacharjee PART, existence and terms of patent licensing

2 Rebuttal Expert DENIED IN and purchase agreements that were not at

Report PART. issue at trial and thus not discussed in

3 open court” (Dkt. No. 854 at 2). At the

outset, only one agreement on one page

4 is at issue here, and no terms are

referenced. To eliminate the risk of

5

competitive harm to Google that

6 disclosure of the existence of this

agreement could cause, all that is

7 necessary is redaction of the name of the

other party to the agreement. The mere

8 fact that Google licensed patents related

to the routing of data between devices —

9

and that the agreement was finalized in

10 January 2023 — does not subject Google

to a risk of competitive harm. It is well-

11 established that Google licenses such

patents.

12

13 854-2 Google’s GRANTED IN Google seeks to seal a portion of a

Opposition to PART, sentence related to the proposed term

14 Sonos’s Motion to DENIED IN sheet discussed above. To mitigate the

Realign the Parties PART. risk of competitive harm, however, all

15 that is necessary is a narrower redaction,

excluding the text after “sheet” in line 8.

16

17 854-3 Proposed GRANTED. See entry for Dkt. No. 831-4.

Term Sheet

18 854-4 Sonos’s First GRANTED IN Google seeks to seal “references to the

Motion in Limine PART, existence and terms of patent licensing

19 DENIED IN and purchase agreements that were not at

20

PART. issue at trial and thus not discussed in

open court” (Dkt. No. 854 at 2). No

21 terms are referenced here, however.

22 To mitigate the risk of competitive harm

that disclosure of the existence of these

23 agreements could cause, all that is

necessary is redaction of the names of the

24

other parties to the agreements that are

25 not public. It is well-established that

Google licenses such patents, and the

26 dates of these agreements could not give

rise to competitive harm.

27

Note that many of the names of the other

1

parties to the agreements have become

2 public, as Google observes in its chart

(see, e.g., Dkt. No. 854 at 3 (“IIF”), 28

3 (“Garnet”)). These names should be

unredacted.

4

5

854-5 Excerpt of GRANTED IN Google seeks to seal more from this

Bakewell Rebuttal PART, excerpt than Sonos. See entry for Dkt.

6 Expert Report DENIED IN No. 831-6.

PART.

7 Specifically, the request to seal

compensation information is granted

8 seeing that Google’s compensation rates

for engineers are not generally known,

9

and their disclosure could cause

10 competitive harm.

11 Meanwhile, the request to seal

information about the proposed term

12 sheet negotiated between Sonos and

Google prior to this litigation is granted

13

in part and denied in part. The second

14 sentence in paragraph 501 should be

unredacted as follows to reflect what has

15 been made public: “Sonos produced

several negotiation documents with

16

Google, including a . . . ‘non-binding’

17 Confidential Patent License and Business

Engagement Agreement (‘the . . . Sonos

18 – Google Term Sheet’). The . . . Sonos –

Google Term Sheet was a proposal; it

19 was neither finalized nor executed.”

(Here, the date may be redacted seeing

20

that it has not been made known publicly

21 and could cause competitive harm.)

And, “term sheet” should be unredacted

22 in line 2 of paragraph 502.

23 Finally, the request to seal information

related to the existence and terms of

24

other patent licensing agreements that

25 were not discussed in open court is

granted in part and denied in part. These

26 redactions should be narrowed consistent

with the instruction above. See entry for

27 Dkt. No. 854-4. In addition, the fact

should be unredacted because this was

1

disclosed at trial.

2

The parties shall meet and confer on the

3 refiling of this excerpt in compliance

with this order.

4

5

854-6 Google’s Response GRANTED IN Here too, Google must revisit how

to Sonos’s First PART, references to other patent licensing

6 Motion in Limine DENIED IN agreements are redacted, further

PART. narrowing them as set out above. See

7 entry for Dkt. No. 854-4. The remaining

requests to seal related to references to

8 the proposed term sheet are granted for

the reasons already stated. See entry for

9

Dkt. Nos. 831-7.

10

854-7 Google’s Response GRANTED. See entry for Dkt. No. 831-7.

11 to Sonos’s Fourth

Motion in Limine

12

854-8 Excerpt of GRANTED IN Google seeks to seal numbers of Google

13 Malackowski PART, Home App installs broken down by

Supplemental DENIED IN quarter between November 5, 2019, and

14 Expert Report PART. November 15, 2022, for the ’966 patent.

As Google acknowledges, the total

15 number of installs between November

2020 and Q4 2022 was discussed during

16

trial (Dkt. No. 854 at 6). Google

17 suggests that disclosing this data at a

more granular level on a quarterly basis

18 would cause it competitive harm, but

Google has not sufficiently explained

19 how. Accordingly, Google may only

redact to omit the downloads that took

20

place outside of the time period

21 discussed during trial.

22 854-9 Proposed GRANTED. See entry for Dkt. No. 831-4.

Term Sheet

23 854-10 Excerpt of GRANTED IN Google’s request to seal information

24

Malackowski PART, regarding “loss leading” is granted in

Supplemental DENIED IN part and denied in part. Expressly

25 Expert Report PART. without going into numbers,

Malackowski testified at trial about

26 Google products being loss leaders (see

Tr. 1120:7–15). As such, his broad

27

opinions to that effect should not be

Google has generally not garnered gross

1

profits on the sales of the physical

2 hardware devices which enable Google’s

infringement.”). The figures and studies

3 he cites, however, which were never

made part of the public record, may be

4 redacted as confidential business

information.

5

6 Meanwhile, Google’s proposed

redactions involving the terms of other

7 licenses should be further tailored as set

out above. See entry for Dkt. No. 854-4.

8

9

854-11 Excerpt of GRANTED IN See entry for Dkt. No. 854-10. In this

Malackowski PART, longer excerpt, the figures that

10 Supplemental DENIED IN Malackowski used in calculating the

Expert Report PART. reasonable royalty damages for the zone

11 scene patents should be disclosed on

page 10. As discussed, with respect to

12 the ’966 patent, the total number of

installs of the Google Home app is

13

already in the public record, and breaking

14 it down by quarter should not cause

Google competitive harm. See entry for

15 Dkt. No. 854-8. Likewise, with respect

to the ’885 patent, the total number of

16

infringing units is already in the public

17 record, and breaking them down by

quarter should not cause Google

18 competitive harm.

19 Meanwhile, the redactions with respect

to the direct control (’033 patent)

20

damages calculations on page 9 are

21 acceptable because this information

never became a part of the public record

22 and involves Google’s otherwise

confidential business information.

23

24

854-12 Excerpt of GRANTED. As noted previously, Google’s

Malackowski compensation rates for engineers are not

25 Supplemental generally known, and their disclosure

Expert Report could cause Google competitive harm.

26 See entry for Dkt. No. 854-5.

27

854-13 Sonos’s Opposition GRANTED. Google seeks to seal language regarding

1

to Google’s Fourth its net revenues and profits, as well as a

2 Motion in Limine reference to the details of the proposed

term sheet. Neither are generally known,

3 and their disclosure could cause Google

competitive harm.

4

5

854-14 Excerpt of GRANTED. Google seeks to seal subscription and

Malackowski advertising revenue data and usage

6 Supplemental metrics related to the Pixel and the ’033

Expert Report patent. Such information is not generally

7 known and was never made public over

the course of this litigation, and

8 disclosure of such information could

cause Google competitive harm.

9

10 854-15 Excerpt of GRANTED. Google seeks to seal references to

Bakewell Rebuttal lifetime value analyses for unaccused

11 Expert Report Google products that were never made

public over the course of this litigation,

12

disclosure of which could cause Google

competitive harm.

13

14 854-16 Excerpt of Chan GRANTED. Google seeks to seal references to the bill

Deposition of materials for the Nest Mini and the

15 Transcript Nest Audio. Such information is not

generally known and was never made

16

public over the course of this litigation,

17 and disclosure of such information could

cause Google competitive harm.

18

854-17 Excerpt of GRANTED. See entry for Dkt. No. 854-10. Note that

19 Malackowski here Google did not even request to seal

Supplemental the broad “loss leader” language that it

20

Expert Report requested to seal with submission of the

21 overlapping excerpt above.

22 854-18 Excerpt of GRANTED IN Google seeks to redact information

Bakewell Rebuttal PART, regarding patent licenses it negotiated

23 Expert Report DENIED IN with non-parties from a table of contents.

24

PART. As set out above, these redactions should

be streamlined to account for the limited

25 potential for harm and what is already

public knowledge. See entry for Dkt.

26 No. 854-4.

27

854-19 Excerpt of GRANTED IN See entry for Dkt. No. 854-5.

1

Bakewell Rebuttal PART,

2 Expert Report DENIED IN

PART.

3 854-20 Excerpt of GRANTED IN See entries for Dkt. Nos. 854-8, 854-10,

Malackowski PART, 854-12.

4 Supplemental DENIED IN

5

Expert Report PART.

854-21 Excerpt of GRANTED IN See entry for Dkt. No. 854-5.

6 Bakewell Rebuttal PART,

Expert Report DENIED IN

7 PART.

854-22 Exhibit 1 of DENIED. Google seeks to seal adjusted damages

8

Bakewell Rebuttal figures and has not sufficiently stated the

Expert Report harm that would result from their

9

disclosure. Such figures are derived by

10 experts; they are not proprietary. What’s

more, the updated damages figures for

11 the ’966 and ’885 patents that Google

seeks to seal were already made part of

12

the public record.

13

854-23 Exhibit 4 of GRANTED. Google seeks to seal its internal

14 Bakewell Rebuttal information regarding the average daily

Expert Report number of its speakers executing certain

15 commands related to grouping and the

average daily number of connected

16

devices. As Google recognizes, although

17 the total weighted percentages of devices

in groups were discussed during trial, the

18 data at issue here was not discussed at a

granular level.

19

20

854-24 Google’s Response GRANTED. Google seeks to seal information

to Request for regarding the amount of revenue IFTTT

21 Information received a result of sales on the Google

Play store, the number of IFTTT

22 downloads, and the number of worldwide

financial transactions associated with the

23 IFTTT app. Although the boilerplate line

about providing competitors with

24

information that Google does not have

25 access to from competing platforms rings

hollow here, this order agrees that

26 Google has an interest in protecting

confidential financial and metrics data of

27

apps written by third parties and

public disclosure of which could cause

1

Google (and IFTTT) harm.

2

854-25 Google’s Response GRANTED. See entry for Dkt. No. 831-7.

3 to Sonos’s Request

for Clarification

4 854-26 Sonos-Google GRANTED. Google seeks to seal a letter sent between

Pre-Litigation the parties in pre-litigation licensing

5

Licensing negotiations, disclosure of which could

6 Negotiation cause the parties competitive harm, for

Correspondence reasons already stated, in light of the

7 detailed discussion of proposed terms.

See entry for Dkt. Nos. 831-7.

8

9

854-27 Proposed GRANTED. See entry for Dkt. No. 831-4.

Term Sheet

10 854-28 Sonos-Google GRANTED. See entry for. Dkt. No. 854-26.

Pre-Litigation

11 Licensing

Negotiation

12

Correspondence

13 854-29 Sonos-Google IP GRANTED Google seeks to seal language in a single

Licensing AS slide of a Sonos slide deck from their

14 Discussion Slide AMENDED. pre-litigation licensing discussions,

Deck (Sonos) which ostensibly “[c]ontains information

15 regarding Google’s patent licensing

strategies” (Dkt. No. 854 at 39). Despite

16

this being a Sonos slide deck, Google

17 had been the one to designate it as

confidential and originally sought to seal

18 it in its entirety (see Dkt. Nos. 704; 746).

That said, later in this litigation, (and

19 after the jury returned a verdict against

Google,) Google narrowed its sealing

20

request to redactions of this one slide

21 involving its own licensing strategies

(see Dkt. Nos. 833-49, 854 at 39–40).

22

The Court suspects some gamesmanship

23 is at play here. It would be unfair to

allow Google to seal its full pre-litigation

24

licensing discussion slide deck (see Dkt.

25 Nos. 854 at 40, 854-31) but to unseal

Sonos’s — and to slip this change in

26 among thousands of pages of filings for

renewed requests to seal that Google no

27

doubt expected Sonos would not review.

narrowing of requests to seal, this was

1

certainly not the sort of narrowing

2 envisioned.

3 In the spirit of fairness, and with an eye

to both parties’ concerns about

4 competitive harm flowing from

disclosure of their pre-litigation licensing

5

negotiations, this order seals the Sonos

6 slide deck in its entirety, as well as the

Google slide deck in its entirety (Dkt.

7 No. 854-31).

8 854-30 Google’s Response GRANTED. Google requests to seal statements

to Sonos’s Request regarding a Google pre-litigation

9

re. No Longer licensing discussion presentation and the

10 Asserted Patents proposed term sheet, disclosure of which

and Proffer of could cause competitive harm. See

11 Testimony entries for Dkt. Nos. 831-7, 854-29.

12

854-31 Sonos-Google IP GRANTED. See entry for Dkt. No. 854-29.

License Discussion

13

Slide Deck

14 (Google)

854-32 Excerpt of GRANTED. See entry for Dkt. No. 854-14. Note this

15 Malackowski Slide chart involving Pixel revenue data

Deck appears on page 105 of Dkt. No. 854-14.

16

17 854-33 Excerpt of Pixel GRANTED. See entry for Dkt. No. 854-32.

Slide Deck

18 854-34 Ma Declaration in DENIED. Google seeks to seal a breakdown of the

Support of number of accused instrumentalities for

19 Google’s the ’885 patent, which the jury found

Opposition to infringed. Google suggests that this data

20

Sonos’s Motion for should be sealed because, although the

21 Injunctive Relief total number of accused instrumentalities

was discussed at trial, the data was not

22 discussed at a granular level and broken

down into different product categories in

23 this manner. But it should have been.

The jury even requested a breakdown

24

beyond the total number of products

25 during deliberations (see Dkt. No. 773

at 3–4). Given that this information goes

26 to the heart of the matter litigated, the

public has considerable interest in this

27

material that the broadly stated risk of

I 854-35 | Excerpt from GRANTED IN_ | Google seeks to seal results of surveys

Bakewell Rebuttal PART, that it administered related to its speaker

2 Expert Report DENIED IN products. Such results are internal, and

PART. their disclosure could cause Google

3 competitive harm. The first sentence

Google seeks to seal, however, is a

4 general statement that a Google witness

5 also made in his trial testimony (see

Tr. 1516:10-15). As such, Google

6 should unseal this sentence in its entirety

or redact just the words between “For

7 Google,” and “the focus was.”

8

9 The parties shall refile all documents in full compliance with this order no later than

10 May 3, 2024, at 12:00 P.M.

11 IT IS SO ORDERED.

12

13 Dated: February 9, 2024.

©

15 ~

LLIAM ALSUP

a 16 UNITED STATES DISTRICT JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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