Opinion

1

2

3 UNITED STATES DISTRICT COURT

4 NORTHERN DISTRICT OF CALIFORNIA

5 SAN JOSE DIVISION

6

7 GOOGLE LLC, Case No. 25-cv-04033-BLF

8 Plaintiff,

ORDER REGARDING POINT

9 v. FINANCIAL, INC.’S

ADMINISTRATIVE SEALING

10 POINT FINANCIAL, INC., MOTIONS

11 Defendant. [Re: ECF Nos. 228, 240]

12

13 Before the Court are two administrative motions:

14 (1) Point Financial, Inc.’s (“PFI”) Administrative Motion to Consider Whether PFI’s

15 Motion for Summary Judgment and Supporting Exhibits Should Be Sealed. ECF

16 No. 228.

17 (2) Point Financial, Inc.’s (“PFI”) Administrative Motion to Consider Whether PFI’s

18 Motion for Summary Judgment as Further Redacted and Supporting Exhibits Should

19 Be Sealed. ECF No. 240.

20 For the reasons set forth below, PFI’s administrative motions are GRANTED to the extent

21 Google LLC (“Google”) seeks redactions.

22 I. LEGAL STANDARD

23 “Historically, courts have recognized a ‘general right to inspect and copy public records

24 and documents, including judicial records and documents.’” Kamakana v. City & Cnty. of

25 Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Commc’ns, Inc., 435

26 U.S. 589, 597 & n.7 (1978)). Accordingly, when considering a sealing request, “a ‘strong

27 presumption in favor of access’ is the starting point.” Id. (quoting Foltz v. State Farm Mut. Auto.

1 motions that are “more than tangentially related to the underlying cause of action” bear the burden

2 of overcoming the presumption with “compelling reasons” that outweigh the general history of

3 access and the public policies favoring disclosure. Ctr. for Auto Safety v. Chrysler Grp., 809 F.3d

4 1092, 1099–101 (9th Cir. 2016); Kamakana, 447 F.3d at 1178–80.

5 In addition, in this district, all parties requesting sealing must comply with Civil Local

6 Rule 79-5. That rule requires, inter alia, the moving party to provide “the reasons for keeping a

7 document under seal, including an explanation of: (i) the legitimate private or public interests that

8 warrant sealing; (ii) the injury that will result if sealing is denied; and (iii) why a less restrictive

9 alternative to sealing is not sufficient.” Civil L.R. 79-5(c)(1). Civil Local Rule 79-5 requires the

10 moving party to provide “evidentiary support from declarations where necessary.” Civil L.R. 79-

11 5(c)(2). And the proposed order must be “narrowly tailored to seal only the sealable material.”

12 Civil L.R. 79-5(c)(3).

13 Further, when a party seeks to seal a document because it has been designated as

14 confidential by another party, the filing party must file an Administrative Motion to Consider

15 Whether Another Party’s Material Should be Sealed. Civil L.R. 79-5(f). In that case, the filing

16 party need not satisfy the requirements of subsection (c)(1). Civil L.R. 79-5(f)(1). Instead, the

17 party who designated the material as confidential must, within seven days of the motion’s filing,

18 file a statement and/or declaration that meets the requirements of subsection (c)(1). Civil L.R. 79-

19 5(f)(3). A designating party’s failure to file a statement or declaration may result in the unsealing

20 of the provisionally sealed document without further notice to the designating party. Id. Any

21 party can file a response to that declaration within four days. Civil L.R. 79-5(f)(4).

22 II. DISCUSSION

23 PFI initially filed a motion for summary judgment, ECF No. 227, and an accompanying

24 administrative motion to consider whether PFI’s motion for summary judgment and supporting

25 exhibits should be sealed, ECF No. 228. PFI subsequently filed a motion to remove ECF No. 227

26 from the docket, ECF No. 241, which the Court granted, ECF No. 242. As a consequence, PFI’s

27 motion for summary judgment and all exhibits attached thereto have been removed from the

1 accompanying administrative motion to consider whether its motion for summary judgment as

2 further redacted and supporting exhibits should be sealed, ECF No. 240.

3 As an initial matter, the Court notes that there are no public versions of the exhibits to the

4 motion for summary judgment on the docket, because the Court granted PFI’s motion to remove

5 ECF No. 227. Accordingly, PFI is ORDERED to upload a complete public version of its motion

6 for summary judgment, including exhibits that are entirely sealed (which should be identified with

7 a placeholder page), exhibits with redactions, and exhibits that are not sealed at all. The Court

8 requests that the exhibits be submitted in order (A-JJ) and be clearly labeled and identified on the

9 docket.

10 Turning to PFI’s administrative motions, Google filed statements in support of sealing.

11 See ECF Nos. 237, 243. PFI did not file oppositions. Because Google’s statements in support of

12 sealing are “substantively identical” with the exception of an additional requested redaction on

13 page 30 of Exhibit K, ECF No. 243 at 1, the Court analyzes the administrative motions together.

14 Google separates its sealing requests into three categories. The first category is “terms,

15 phrases, and documents pertaining to Google’s confidential and proprietary technology at issue in

16 this litigation.” Id. at 2. Google contends the disclosure of this information would reveal

17 Google’s confidential technology and in turn “weaken the competitive advantage Google

18 maintains in the marketplace.” Id. at 2–3. The second category of requests consists of

19 “confidential contracts with third parties” pertaining to Google’s plans to develop, design, and

20 manufacture the chip at issue in this litigation. Id. at 3. Google argues that the disclosure of this

21 information would expose Google’s “strategic decision-making with respect to the terms offered

22 to its contracting partners” and, in turn, harm its competitive advantage. Id. The third category of

23 information Google seeks to seal is non-public information pertaining to Google’s agreements

24 with third parties and the identities of the vendors that manufacture, test, and assemble the at-issue

25 chip. Id. at 3. According to Google, the public disclosure of this information would reveal

26 Google’s strategy with respect to its contractual relationships and undermine its competitive

27 advantage. Id.

1 “more than tangentially related to the underlying cause[s] of action,” the Court will apply the

2 “compelling reasons” standard. Ctr. for Auto Safety, 809 F.3d at 1099–101. The Court finds that

3 compelling reasons exist to seal the materials Google identifies, because the “compelling reasons”

4 standard is met for confidential business information that would harm a party’s competitive

5 standing if publicly disclosed. See Music Grp. Macao Com. Offshore Ltd. v. Foote, No. 14-cv-

6 03078, 2015 WL 3993147, at *6 (N.D. Cal. June 30, 2015); Jam Cellars, Inc. v. Wine Grp. LLC,

7 No. 19-cv-01878, 2020 WL 5576346, at *2 (N.D. Cal. Sept. 17, 2020) (finding compelling

8 reasons for sealing “confidential business and proprietary information”); Fed. Trade Comm’n

9 v. Qualcomm Inc., No. 17-cv-00220, 2019 WL 95922, at *3 (N.D. Cal. Jan. 3, 2019) (finding

10 compelling reasons for sealing “information that, if published, may harm . . . competitive standing

11 and divulges terms of confidential contracts, contract negotiations, or trade secrets”); In re Elec.

12 Arts, Inc., 298 F. App’x 568, 569 (9th Cir. 2008) (finding sealable “business information that

13 might harm a litigant’s competitive standing”). The Court also finds that the request is narrowly

14 tailored. See Civil L.R. 79-5(c)(3).

15 The Court’s ruling is summarized below:

16 Public ECF Document Portion(s) to Seal Ruling

No. /

17 Sealed

ECF. No.

18

Not Point Financial, Inc.’s i:16, 20-22; TERMINATED as moot.

19 Available / Motion for Summary 5:6-9, 20-23; The public version of the

238 Judgment 6:21; document has been

20 8:6-10, 13, 15-16, 18-25; permanently removed from

9:1-4, 10-11, 21, 23-25; the docket per ECF No. 242,

21 10:17, 22, 24, 26-27; and PFI filed a new public

11:1-2, 8-9, 13-15, 17, 20-22, version of the document at

22

24-27; ECF No. 239.

23 12:1-4, 6, 11-12, 14-19, 22;

13:13-14, 25;

24 14:3-6, 23;

15:1, 3, 5, 7-8, 10-12, 14-20,

25 22-23;

16:2-3, 15, 17-18;

26

17:7.

27

239 / 244 Point Financial, Inc.’s i:16, 20-22; GRANTED as containing

1

Motion for Summary 5:6-9, 20-23; confidential business

2 Judgment as Further 6:21; information, the release of

Redacted 8:6-10, 13, 15-16, 18-25; which could harm Google.

3 9:1-4, 10-11, 21, 23-25;

10:17, 22, 24, 26-27;

4 11:1-2, 8-9, 13-15, 17, 20-22,

24-27;

5

12:1-4, 6, 11-12, 14-19, 22;

6 13:13-14, 25;

14:3-6, 23;

7 15:1, 3, 5, 7-8, 10-12, 14-20,

22- 23;

8 16:2-3, 15, 17-18;

17:7.

9

Not Exhibit A to Point Entire document. GRANTED as containing

10 Available / Financial, Inc.’s confidential business

244-1 Motion for Summary information, the release of

11 Judgment which could harm Google.

Not Exhibit B to Point Entire document. GRANTED as containing

12

Available / Financial, Inc.’s confidential business

13 244-1 Motion for Summary information, the release of

Judgment which could harm Google.

14 Not Exhibit C to Point Entire document. GRANTED as containing

Available / Financial, Inc.’s confidential business

15 244-1 Motion for Summary information, the release of

Judgment which could harm Google.

16

Not Exhibit D to Point Entire document. GRANTED as containing

17 Available / Financial, Inc.’s confidential business

244-2 Motion for Summary information, the release of

18 Judgment which could harm Google.

Not Exhibit E to Point Entire document. GRANTED as containing

19 Available / Financial, Inc.’s confidential business

244-2 Motion for Summary information, the release of

20

Judgment which could harm Google.

21 Not Exhibit F to Point Entire document. GRANTED as containing

Available / Financial, Inc.’s confidential business

22 244-2 Motion for Summary information, the release of

Judgment which could harm Google.

23

Not Exhibit G to Point Entire document. GRANTED as containing

24 Available / Financial, Inc.’s confidential business

244-2 Motion for Summary information, the release of

25 Judgment which could harm Google.

Not Exhibit H to Point Entire document. GRANTED as containing

26 Available / Financial, Inc.’s confidential business

244-2 Motion for Summary information, the release of

27

Judgment which could harm Google.

Not Exhibit J to Point Highlighted portions at GRANTED as containing

1

Available / Financial, Inc.’s 41:3-5, 7-8, 10, 16; confidential business

2 244-2 Motion for Summary 53:2; information, the release of

Judgment 54:22; which could harm Google.

3 70:4, 7-8, 11, 15, 20, 25;

71:1, 18, 23;

4 72:9, 12, 15-16, 22;

77:10, 22.

5

Not Exhibit K to Point Highlighted portions at GRANTED as containing

6 Available / Financial, Inc.’s 14:4; confidential business

244-2 Motion for Summary 15:25; information, the release of

7 Judgment 17:15-17, 23; which could harm Google.

29:4, 6, 19, 22;

8 30:7, 18, 20;

54:2-3, 12-14;

9

55:1-2, 5, 11-13, 23-25;

10 56:3, 6-8;

57:5, 11-12, 16, 20, 22;

11 58:1, 4, 20;

59:1, 5, 22, 25;

12 60:1, 25.

13 Not Exhibit L to Point Highlighted portions at GRANTED as containing

Available / Financial, Inc.’s 48:15-17; confidential business

14 244-2 Motion for Summary 49:6, 17-20, 22-24. information, the release of

Judgment which could harm Google.

15 Not Exhibit M to Point Highlighted portions at GRANTED as containing

Available / Financial, Inc.’s 3:15-20, 22-26; confidential business

16

244-2 Motion for Summary 4:1-26; information, the release of

17 Judgment 5:1-20; which could harm Google.

6:22;

18 7:2, 15-21, 23-26;

8:2-3, 11, 23;

19 9:7.

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25

26

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Not Exhibit N to Point Highlighted portions at GRANTED as containing

1

Available / Financial, Inc.’s 11:4; confidential business

2 244-2 Motion for Summary 23:6, 8; information, the release of

Judgment 24:9, 14; which could harm Google.

3 38:8, 14-15, 18-19, 25;

39:1, 6, 9, 12;

4 80:17;

81:1-2, 4;

5

82:3;

6 89:10;

147:9, 17, 24-25;

7 148:3, 6, 8, 13-17, 20-21, 23;

151:2-3, 11, 13, 15-16, 19;

8 152:7-8, 21-22;

153:8-9, 13, 18-20;

9

154:5-6, 8-9, 12, 22;

10 155:4, 8-9, 20-23.

Not Exhibit O to Point Entire document. GRANTED as containing

11 Available / Financial, Inc.’s confidential business

244-2 Motion for Summary information, the release of

12 Judgment which could harm Google.

13 Not Exhibit P to Point Highlighted portions at GRANTED as containing

Available / Financial, Inc.’s 58:1; confidential business

14 244-2 Motion for Summary 110:8; information, the release of

Judgment 110:2, 9, 13, 15. which could harm Google.

15 Not Exhibit R to Point Entire document. GRANTED as containing

Available / Financial, Inc.’s confidential business

16

244-2 Motion for Summary information, the release of

17 Judgment which could harm Google.

Not Exhibit S to Point Entire document. GRANTED as containing

18 Available / Financial, Inc.’s confidential business

244-2 Motion for Summary information, the release of

19 Judgment which could harm Google.

Not Exhibit T to Point Entire document. GRANTED as containing

20

Available / Financial, Inc.’s confidential business

21 244-2 Motion for Summary information, the release of

Judgment which could harm Google.

22 Not Exhibit U to Point Entire document. GRANTED as containing

Available / Financial, Inc.’s confidential business

23

244-2 Motion for Summary information, the release of

24 Judgment which could harm Google.

Not Exhibit V to Point Entire document. GRANTED as containing

25 Available / Financial, Inc.’s confidential business

244-2 Motion for Summary information, the release of

26 Judgment which could harm Google.

27

Not Exhibit X to Point Entire document. GRANTED as containing

1

Available / Financial, Inc.’s confidential business

2 244-2 Motion for Summary information, the release of

Judgment which could harm Google.

3 Not Exhibit Z to Point Entire document. GRANTED as containing

Available / Financial, Inc.’s confidential business

4 244-2 Motion for Summary information, the release of

Judgment which could harm Google.

5

Not Exhibit AA to Point Highlighted portions at GRANTED as containing

6 Available / Financial, Inc.’s 2:15, 26; confidential business

244-2 Motion for Summary 3:5, 17; information, the release of

7 Judgment 4:1, 12, 23; which could harm Google.

5:3-6, 9-10, 13-19, 21, 24;

8 6:6, 11, 17-19, 23;

7:4, 10, 18.

9

Not Exhibit BB to Point Highlighted portions at GRANTED as containing

10 Available / Financial, Inc.’s 3:14-15; confidential business

244-2 Motion for Summary 4:11-14, 17; information, the release of

11 Judgment 6:7-8, 11. which could harm Google.

Not Exhibit CC to Point Highlighted portions at GRANTED as containing

12

Available / Financial, Inc.’s 1:18, 20; confidential business

13 244-2 Motion for Summary 3:5, 8, 11, 16-17, 38-39; information, the release of

Judgment 7:16-17, 20. which could harm Google.

14 Not Exhibit FF to Point Entire document. GRANTED as containing

Available / Financial, Inc.’s confidential business

15 244-2 Motion for Summary information, the release of

Judgment which could harm Google.

16

Not Exhibit GG to Point Highlighted portions at GRANTED as containing

17 Available / Financial, Inc.’s 1:5-8, 17, 32-35, 37; confidential business

244-2 Motion for Summary 4:16-17. information, the release of

18 Judgment which could harm Google.

Not Exhibit HH to Point Highlighted portions at GRANTED as containing

19

Available / Financial, Inc.’s 1:9-15, 19, 28-30. confidential business

20 244-2 Motion for Summary information, the release of

Judgment which could harm Google.

21 Not Exhibit JJ to Point Entire document. GRANTED as containing

Available / Financial, Inc.’s confidential business

22 244-2 Motion for Summary information, the release of

Judgment which could harm Google.

23

24 III. ORDER

25 For the foregoing reasons, IT IS HEREBY ORDERED that:

26 (1) PFI’s administrative motions, ECF Nos. 228, 240, are GRANTED to the extent Google

27 requests redactions.

] complete public set of all of the exhibits, including those that are entirely sealed (which

2 should be identified with a placeholder page), those with redactions, and those that are

3 not sealed at all. The Court requests that the exhibits be submitted in order (A-JJ) and

4 be clearly labeled and identified on the docket. PFI SHALL upload this complete

5 public version of its motion for summary judgment and set of exhibits on or before

6 May 5, 2026.

7 || Dated: April 28, 2026

Mn LABSON FREEMAN

9 United States District Judge

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