The 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 GOOGLE LLC’S
9 v. ADMINISTRATIVE SEALING
MOTIONS
10 POINT FINANCIAL, INC.,
[Re: ECF Nos. 230, 231]
11 Defendant.
12
13 Before the Court are two administrative motions:
14 (1) Google LLC’s (“Google”) Administrative Motion to File Under Seal. ECF No. 230.
15 (2) Google’s Administrative Motion to Consider Whether Point Financial, Inc.’s (“PFI”)
16 Material Should be Sealed. ECF No. 231.
17 For the reasons set forth below, Google’s administrative motions are GRANTED to the
18 extent Google requests redactions.
19 I. LEGAL STANDARD
20 “Historically, courts have recognized a ‘general right to inspect and copy public records
21 and documents, including judicial records and documents.’” Kamakana v. City & Cnty. of
22 Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Commc’ns, Inc., 435
23 U.S. 589, 597 & n.7 (1978)). Accordingly, when considering a sealing request, “a ‘strong
24 presumption in favor of access’ is the starting point.” Id. (quoting Foltz v. State Farm Mut. Auto.
25 Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003)). Parties seeking to seal judicial records relating to
26 motions that are “more than tangentially related to the underlying cause of action” bear the burden
27 of overcoming the presumption with “compelling reasons” that outweigh the general history of
1 1092, 1099–101 (9th Cir. 2016); Kamakana, 447 F.3d at 1178–80.
2 In addition, in this district, all parties requesting sealing must comply with Civil Local
3 Rule 79-5. That rule requires, inter alia, the moving party to provide “the reasons for keeping a
4 document under seal, including an explanation of: (i) the legitimate private or public interests that
5 warrant sealing; (ii) the injury that will result if sealing is denied; and (iii) why a less restrictive
6 alternative to sealing is not sufficient.” Civil L.R. 79-5(c)(1). Civil Local Rule 79-5 requires the
7 moving party to provide “evidentiary support from declarations where necessary.” Civil L.R. 79-
8 5(c)(2). And the proposed order must be “narrowly tailored to seal only the sealable material.”
9 Civil L.R. 79-5(c)(3).
10 Further, when a party seeks to seal a document because it has been designated as
11 confidential by another party, the filing party must file an Administrative Motion to Consider
12 Whether Another Party’s Material Should be Sealed. Civil L.R. 79-5(f). In that case, the filing
13 party need not satisfy the requirements of subsection (c)(1). Civil L.R. 79-5(f)(1). Instead, the
14 party who designated the material as confidential must, within seven days of the motion’s filing,
15 file a statement and/or declaration that meets the requirements of subsection (c)(1). Civil L.R. 79-
16 5(f)(3). A designating party’s failure to file a statement or declaration may result in the unsealing
17 of the provisionally sealed document without further notice to the designating party. Id. Any
18 party can file a response to that declaration within four days. Civil L.R. 79-5(f)(4).
19
II. ECF NO. 230
20
Google has filed an administrative motion to seal portions of its motion for partial
21
summary judgment and exhibits thereto. ECF No. 230. PFI opposes on the ground that the
22
“information Google seeks to seal has already been disclosed, is commonly known, and [is]
23
publicly available.” ECF No. 235 at 1.
24
Google separates its sealing requests into three categories. The first category is “terms,
25
phrases, and documents pertaining to Google’s confidential and proprietary technology at issue in
26
this litigation.” ECF No. 230 at 3. Google contends the disclosure of this information would
27
reveal Google’s confidential technology and in turn “weaken the competitive advantage Google
1 maintains in the marketplace.” Id. The second category of requests consists of “confidential
2 contracts with third parties” pertaining to Google’s plans to develop, design, and manufacture the
3 chip at issue in this litigation. Id. Google argues that the disclosure of this information would
4 expose Google’s “strategic decision-making with respect to the terms offered to its contracting
5 partners” and, in turn, harm its competitive advantage. Id. The third category of information
6 Google seeks to seal is non-public information pertaining to Google’s agreements with third
7 parties and the identities of the vendors that manufacture, test, and assemble the at-issue chip. Id.
8 at 3–4. According to Google, the public disclosure of this information would reveal Google’s
9 strategy with respect to its contractual relationships and weaken its leverage. Id. at 4.
10 As the sealing request relates to a motion for partial summary judgment, which the Court
11 finds is “more than tangentially related to the underlying cause[s] of action,” the Court will apply
12 the “compelling reasons” standard. Ctr. for Auto Safety, 809 F.3d at 1099–101. It may be, as PFI
13 argues, that some of the information Google seeks to seal is publicly known. See ECF No. 235
14 at 1–4. But Google’s litigation documents aggregate confidential information in a single place,
15 which heightens their sensitivity. The Court thus finds that compelling reasons exist to seal the
16 materials Google identifies, because the “compelling reasons” standard is met for confidential
17 business information that would harm a party’s competitive standing if publicly disclosed. See
18 Music Grp. Macao Com. Offshore Ltd. v. Foote, No. 14-cv-03078, 2015 WL 3993147, at *6
19 (N.D. Cal. June 30, 2015); Jam Cellars, Inc. v. Wine Grp. LLC, No. 19-cv-01878, 2020 WL
20 5576346, at *2 (N.D. Cal. Sept. 17, 2020) (finding compelling reasons for sealing “confidential
21 business and proprietary information”); Fed. Trade Comm’n v. Qualcomm Inc., No. 17-cv-00220,
22 2019 WL 95922, at *3 (N.D. Cal. Jan. 3, 2019) (finding compelling reasons for sealing
23 “information that, if published, may harm . . . competitive standing and divulges terms of
24 confidential contracts, contract negotiations, or trade secrets”); In re Elec. Arts, Inc., 298 F. App’x
25 568, 569 (9th Cir. 2008) (finding sealable “business information that might harm a litigant’s
26 competitive standing”).
27 The Court also finds that the request is narrowly tailored. See Civil L.R. 79-5(c)(3). The
Public ECF Document Portion(s) to Seal Ruling
1
No. /
2 Sealed
ECF. No.
3 226-1 / Google’s Highlighted portions at GRANTED as containing
230-4 Memorandum of i:7, 9, 11, 14; confidential business
4 Points and 1:9, 11, 14, 16, 23, 26; information, the release of
Authorities in 2:1, 6; which could harm Google.
5
Support of Its Motion 3:14, 20, 22, 24, 26;
6 for Partial Summary 4:6, 8, 13, 17-18, 20, 22-24;
Judgment 5:1-3, 7-8, 10-16, 20, 22,
7 24-25, 27-28;
6:1, 8, 13, 7-16, 19, 21-23,
8 25-26;
7: 2-3, 6, 13-17, 19-24;
9
8:3, 10-11, 18-19, 27-28;
10 9:4, 12, 20-21, 23-25;
10:1, 11-12, 16, 22, 28;
11 11:3, 5-6, 8, 12-17, 20-21,
28;
12 12:18-19, 21, 25;
13:4-6;
13
14:14-16, 18, 21-22;
14 15:2-3, 19-20, 22-23, 28;
16:6, 18, 25-26, 28;
15 17:1-3, 16, 25-26;
18:1, 3, 12-15, 17;
16
19:12, 14, 18-19, 21-22, 25-
17 26;
20:3, 7, 9, 12-13, 15;
18 22:19, 22-23, 25, 28;
23: 3, 5-6, 9-10, 12-17, 19-
19 20.
24:2, 5-6, 13.
20
226-5 / Exhibit 1 to Google’s Entire document. GRANTED as containing
21 230-5 Memorandum of confidential business
Points and information, the release of
22 Authorities in which could harm Google.
Support of Its Motion
23 for Partial Summary
Judgment
24
226-5 / Exhibit 2 to Google’s Entire document. GRANTED as containing
25 230-5 Memorandum of confidential business
Points and information, the release of
26 Authorities in which could harm Google.
Support of Its Motion
27 for Partial Summary
226-5 / Exhibit 3 to Google’s Entire document. GRANTED as containing
1
230-5 Memorandum of confidential business
2 Points and information, the release of
Authorities in which could harm Google.
3 Support of Its Motion
for Partial Summary
4 Judgment
226-5 / Exhibit 4 to Google’s Entire document. GRANTED as containing
5
230-6 Memorandum of confidential business
6 Points and information, the release of
Authorities in which could harm Google.
7 Support of Its Motion
for Partial Summary
8 Judgment
226-5 / Exhibit 5 to Google’s Entire document. GRANTED as containing
9
230-6 Memorandum of confidential business
10 Points and information, the release of
Authorities in which could harm Google.
11 Support of Its Motion
for Partial Summary
12
Judgment
13 226-5 / Exhibit 6 to Google’s Entire document. GRANTED as containing
230-6 Memorandum of confidential business
14 Points and information, the release of
Authorities in which could harm Google.
15 Support of Its Motion
for Partial Summary
16
Judgment
17 226-5 / Exhibit 7 to Google’s Entire document. GRANTED as containing
230-6 Memorandum of confidential business
18 Points and information, the release of
Authorities in which could harm Google.
19 Support of Its Motion
for Partial Summary
20
Judgment
21 226-5 / Exhibit 8 to Google’s Entire document. GRANTED as containing
230-6 Memorandum of confidential business
22 Points and information, the release of
Authorities in which could harm Google.
23
Support of Its Motion
for Partial Summary
24
Judgment
25
26
27
226-5 / Exhibit 9 to Google’s Entire document. GRANTED as containing
1
230-6 Memorandum of confidential business
2 Points and information, the release of
Authorities in which could harm Google.
3 Support of Its Motion
for Partial Summary
4 Judgment
226-5 / Exhibit 10 to Highlighted portions at GRANTED as containing
5
230-6 Google’s 1:9, 12, 14-16, 22, 25, 27; confidential business
6 Memorandum of 2:5, 7, 11, 14-22, 24, 26; information, the release of
Points and 3:2-4, 6-13, 15, 18, 20; which could harm Google.
7 Authorities in 4:1-2, 4, 11;
Support of Its Motion 5:7-8, 10, 14, 16, 18, 20-21,
8 for Partial Summary 23.
Judgment
9
226-5 / Exhibit 11 to Highlighted portions at GRANTED as containing
10 230-6 Google’s 2:6, 17, 23-24; confidential business
Memorandum of 3:1-5; 10, 12-23, 26-28; information, the release of
11 Points and 4:1-25; which could harm Google.
Authorities in 5:1-12, 14-18, 21-23, 25-28;
12
Support of Its Motion 6:1-2, 4, 10, 13, 21;
13 for Partial Summary 7:7, 9, 11-13.
Judgment
14
15
16
17
18
19
20
21
22
23
24
25
26
27
226-5 / Exhibit 12 to Highlighted portions at GRANTED as containing
1
230-6 Google’s 1:1-6, 8-12, 14-16, 18-20, confidential business
2 Memorandum of 23-24; information, the release of
Points and 2:1, 3, 6, 11-12, 14, 16, 19, which could harm Google.
3 Authorities in 21;
Support of Its Motion 3:1-3, 6-7, 10, 12-14;
4 for Partial Summary 5:1, 3, 5, 7, 11-16, 19, 23,
Judgment 26, 29, 36;
5
6:5-6, 8;
6 8:1, 4-6, 8, 10, 15-20, 23-26,
30;
7 9:1-2, 4-9, 12-15, 19;
10:1-2, 4-9, 12-15, 19;
8 11:2-3, 7-12, 14-17, 19;
12:1-6, 9-11, 15-16, 21;
9
13:10, 16;
10 14:4, 7-8, 10, 18-21;
15:1-3, 7-8, 12, 18-19, 21;
11 16:4, 12-13;
17:8-13, 17-18, 23;
12 18:4, 9, 13, 20;
19:5, 12-13, 17-18, 24, 27,
13
31;
14 20:8,13-15, 19;
21:3-5, 12;
15 22:1-2, 4;
23:1, 6-7, 9, 13. 18-19, 21;
16 24:4, 9-10, 12;
25:1, 6-7, 9;
17
27:3, 10, 17;
18 29:3-4, 6, 9, 17-18, 20, 22-
23, 26, 28, 34-35;
19 30:1, 6-7, 9;
32:8, 19, 24, 26, 32;
20
33:9, 15, 22;
21 36:1, 4-5, 7, 9, 12, 15, 20,
27, 32-33;
22 37:2;
39:1-38;
23 41:1, 4, 6, 10, 13-15, 20, 26-
27, 31;
24
42:1, 3, 6-7, 10, 14-15, 17-
25 19, 22, 25, 26-28, 31-33;
43:1-2, 5-6, 13, 16, 21;
26 44:1, 4, 6-9, 14-15, 17-18,
23-24, 26;
27 45:1, 6-7, 9;
226-5 / Exhibit 15 to Highlighted portions at GRANTED as containing
1
230-6 Google’s 6:4-5, 17, 28; confidential business
2 Memorandum of 13:27; information, the release of
Points and 18:8-9, 22, 27; which could harm Google.
3 Authorities in 65:6, 8-10;
Support of Its Motion 85:20, 24;
4 for Partial Summary 86:2, 3;
Judgment 90:2-3.
5
226-5 / Exhibit 20 to Highlighted portions at GRANTED as containing
6 230-6 Google’s 155:11, 17; confidential business
Memorandum of 156:20; information, the release of
7 Points and 158:21-22. which could harm Google.
Authorities in
8 Support of Its Motion
for Partial Summary
9
Judgment
10 226-5 / Exhibit 21 to Highlighted portions at GRANTED as containing
230-6 Google’s 25:15-16, 20-22, 24-25; confidential business
11 Memorandum of 31:11, 17. information, the release of
Points and which could harm Google.
12
Authorities in
13 Support of Its Motion
for Partial Summary
14 Judgment
226-5 / Exhibit 22 to Highlighted portions at GRANTED as containing
15 230-6 Google’s 68:21-22, 24. confidential business
Memorandum of information, the release of
16
Points and which could harm Google.
17 Authorities in
Support of Its Motion
18 for Partial Summary
Judgment
19 226-5 / Exhibit 23 to Highlighted portions at GRANTED as containing
230-6 Google’s 122:11, 13; confidential business
20
Memorandum of 123:17; information, the release of
21 Points and 124:6. which could harm Google.
Authorities in
22 Support of Its Motion
for Partial Summary
23 Judgment
226-5 / Exhibit 27 to Highlighted portions at GRANTED as containing
24
230-6 Google’s 2:15, 26; confidential business
25 Memorandum of 3:5, 17; information, the release of
Points and 4:1, 12, 23; which could harm Google.
26 Authorities in 5:3-6, 9-10, 13-19, 21, 24;
Support of Its Motion 6:6, 11, 17-19, 23;
27
for Partial Summary 7:4, 10, 18.
226-5 / Exhibit 28 to Highlighted portions at GRANTED as containing
1
230-6 Google’s 2:22. confidential business
2 Memorandum of information, the release of
Points and which could harm Google.
3 Authorities in
Support of Its Motion
4 for Partial Summary
Judgment
5
226-5 / Exhibit 30 to Entire audio file. GRANTED as containing
6 230-6 Google’s confidential business
Memorandum of information, the release of
7 Points and which could harm Google.
Authorities in
8 Support of Its Motion
for Partial Summary
9
Judgment
10 226-5 / Exhibit 32 to Highlighted portions at GRANTED as containing
230-6 Google’s 1:7-8, 17, 24; confidential business
11 Memorandum of 2:7, 8, 22; information, the release of
Points and 3:2, 4-6, 8-9, 13-14, 20; which could harm Google.
12
Authorities in 4:1, 3, 5, 8, 10.
13 Support of Its Motion
for Partial Summary
14 Judgment
226-5 / Exhibit 33 to Entire audio file. GRANTED as containing
15 230-6 Google’s confidential business
Memorandum of information, the release of
16
Points and which could harm Google.
17 Authorities in
Support of Its Motion
18 for Partial Summary
Judgment
19 226-5 / Exhibit 34 to Highlighted portions at GRANTED as containing
230-6 Google’s 2:25. confidential business
20
Memorandum of information, the release of
21 Points and which could harm Google.
Authorities in
22 Support of Its Motion
for Partial Summary
23 Judgment
226-5 / Exhibit 36 to Entire audio file. GRANTED as containing
24
230-6 Google’s confidential business
25 Memorandum of information, the release of
Points and which could harm Google.
26 Authorities in
Support of Its Motion
27
for Partial Summary
226-5 / Exhibit 37 to Highlighted portions at GRANTED as containing
1
230-6 Google’s 2:11. confidential business
2 Memorandum of information, the release of
Points and which could harm Google.
3 Authorities in
Support of Its Motion
4 for Partial Summary
Judgment
5
226-5 / Exhibit 39 to Entire audio file. GRANTED as containing
6 230-6 Google’s confidential business
Memorandum of information, the release of
7 Points and which could harm Google.
Authorities in
8 Support of Its Motion
for Partial Summary
9
Judgment
10 226-5 / Exhibit 40 to Highlighted portions at GRANTED as containing
230-6 Google’s 2:3, 10, 16, 32. confidential business
11 Memorandum of information, the release of
Points and which could harm Google.
12
Authorities in
13 Support of Its Motion
for Partial Summary
14 Judgment
226-5 / Exhibit 41 to Highlighted portions at GRANTED as containing
15 230-6 Google’s 2:2, 15, 20-21; confidential business
Memorandum of 3:4. information, the release of
16
Points and which could harm Google.
17 Authorities in
Support of Its Motion
18 for Partial Summary
Judgment
19 226-5 / Exhibit 42 to Entire audio file. GRANTED as containing
230-6 Google’s confidential business
20
Memorandum of information, the release of
21 Points and which could harm Google.
Authorities in
22 Support of Its Motion
for Partial Summary
23 Judgment
226-5 / Exhibit 43 to Highlighted portions at GRANTED as containing
24
230-6 Google’s 1:24-25. confidential business
25 Memorandum of information, the release of
Points and which could harm Google.
26 Authorities in
Support of Its Motion
27
for Partial Summary
226-5 / Exhibit 44 to Highlighted portions at GRANTED as containing
1
230-6 Google’s 1:14; confidential business
2 Memorandum of 2:1, 9. information, the release of
Points and which could harm Google.
3 Authorities in
Support of Its Motion
4 for Partial Summary
Judgment
5
226-5 / Exhibit 45 to Entire audio file. GRANTED as containing
6 230-6 Google’s confidential business
Memorandum of information, the release of
7 Points and which could harm Google.
Authorities in
8 Support of Its Motion
for Partial Summary
9
Judgment
10 226-5 / Exhibit 48 to Entire audio file. GRANTED as containing
230-6 Google’s confidential business
11 Memorandum of information, the release of
Points and which could harm Google.
12
Authorities in
13 Support of Its Motion
for Partial Summary
14 Judgment
226-5 / Exhibit 49 to Highlighted portions at GRANTED as containing
15 230-7 Google’s 1:42-43, 45-46; confidential business
Memorandum of 2:1-4, 7-10, 20-22. information, the release of
16
Points and which could harm Google.
17 Authorities in
Support of Its Motion
18 for Partial Summary
Judgment
19 226-5 / Exhibit 50 to Highlighted portions at GRANTED as containing
230-7 Google’s 2:4-7, 11-15, 20-23. confidential business
20
Memorandum of information, the release of
21 Points and which could harm Google.
Authorities in
22 Support of Its Motion
for Partial Summary
23 Judgment
226-5 / Exhibit 51 to Highlighted portions at GRANTED as containing
24
230-7 Google’s 1:7-9, 11-13. confidential business
25 Memorandum of information, the release of
Points and which could harm Google.
26 Authorities in
Support of Its Motion
27
for Partial Summary
226-5 / Exhibit 52 to Highlighted portions at GRANTED as containing
1
230-7 Google’s 1:4, 6, 13, 18-19, 25, 28, 31. confidential business
2 Memorandum of information, the release of
Points and which could harm Google.
3 Authorities in
Support of Its Motion
4 for Partial Summary
Judgment
5
226-5 / Exhibit 53 to Highlighted portions at GRANTED as containing
6 230-7 Google’s 1:5, 12-13, 16-17, 23, 26, confidential business
Memorandum of 29. information, the release of
7 Points and which could harm Google.
Authorities in
8 Support of Its Motion
for Partial Summary
9
Judgment
10 226-5 / Exhibit 54 to Highlighted portions at GRANTED as containing
230-7 Google’s 1:5, 12, 15-16, 22, 25, 28. confidential business
11 Memorandum of information, the release of
Points and which could harm Google.
12
Authorities in
13 Support of Its Motion
for Partial Summary
14 Judgment
226-5 / Exhibit 55 to Highlighted portions at GRANTED as containing
15 230-7 Google’s 2:22. confidential business
Memorandum of information, the release of
16
Points and which could harm Google.
17 Authorities in
Support of Its Motion
18 for Partial Summary
Judgment
19 226-5 / Exhibit 56 to Highlighted portions at GRANTED as containing
230-7 Google’s confidential business
20
Memorandum of information, the release of
21 Points and which could harm Google.
Authorities in
22 Support of Its Motion
for Partial Summary
23 Judgment
226-5 / Exhibit 57 to Highlighted portions at GRANTED as containing
24
230-7 Google’s 1:34. confidential business
25 Memorandum of information, the release of
Points and which could harm Google.
26 Authorities in
Support of Its Motion
27
for Partial Summary
226-5 / Exhibit 59 to Highlighted portions at GRANTED as containing
1
230-7 Google’s 1:7-11. confidential business
2 Memorandum of information, the release of
Points and which could harm Google.
3 Authorities in
Support of Its Motion
4 for Partial Summary
Judgment
5
226-5 / Exhibit 60 to Highlighted portions at GRANTED as containing
6 230-7 Google’s 1:8, 14-15. confidential business
Memorandum of information, the release of
7 Points and which could harm Google.
Authorities in
8 Support of Its Motion
for Partial Summary
9
Judgment
10 226-5 / Exhibit 61 to Highlighted portions at GRANTED as containing
230-7 Google’s 1:11, 40. confidential business
11 Memorandum of information, the release of
Points and which could harm Google.
12
Authorities in
13 Support of Its Motion
for Partial Summary
14 Judgment
226-5 / Exhibit 62 to Highlighted portions at GRANTED as containing
15 230-7 Google’s 1:3, 10, 17. confidential business
Memorandum of information, the release of
16
Points and which could harm Google.
17 Authorities in
Support of Its Motion
18 for Partial Summary
Judgment
19 226-5 / Exhibit 63 to Highlighted portions at GRANTED as containing
230-7 Google’s 1:3, 10, 17-19. confidential business
20
Memorandum of information, the release of
21 Points and which could harm Google.
Authorities in
22 Support of Its Motion
for Partial Summary
23 Judgment
226-5 / Exhibit 64 to Highlighted portions at GRANTED as containing
24
230-7 Google’s 1:3, 10, 18-19. confidential business
25 Memorandum of information, the release of
Points and which could harm Google.
26 Authorities in
Support of Its Motion
27
for Partial Summary
226-5 / Exhibit 65 to Highlighted portions at GRANTED as containing
1
230-7 Google’s 1:15-16, 27-34; confidential business
2 Memorandum of 2:2-4. information, the release of
Points and which could harm Google.
3 Authorities in
Support of Its Motion
4 for Partial Summary
Judgment
5
226-5 / Exhibit 66 to Highlighted portions at GRANTED as containing
6 230-7 Google’s 1:3, 8, 10, 16, 28, 34, 41-43. confidential business
Memorandum of information, the release of
7 Points and which could harm Google.
Authorities in
8 Support of Its Motion
for Partial Summary
9
Judgment
10 226-5 / Exhibit 67 to Highlighted portions at GRANTED as containing
230-7 Google’s 1:3, 10, 12, 18, 30, 36, 44; confidential business
11 Memorandum of 2:1. information, the release of
Points and which could harm Google.
12
Authorities in
13 Support of Its Motion
for Partial Summary
14 Judgment
226-5 / Exhibit 68 to Highlighted portions at GRANTED as containing
15 230-7 Google’s 1:8, 19, 24, 26, 32; confidential business
Memorandum of 2:9, 15, 22. information, the release of
16
Points and which could harm Google.
17 Authorities in
Support of Its Motion
18 for Partial Summary
Judgment
19 226-5 / Exhibit 69 to Highlighted portions at GRANTED as containing
230-7 Google’s 1:19; confidential business
20
Memorandum of 2:5. information, the release of
21 Points and which could harm Google.
Authorities in
22 Support of Its Motion
for Partial Summary
23 Judgment
226-5 / Exhibit 70 to Highlighted portions at GRANTED as containing
24
230-7 Google’s 1:8. confidential business
25 Memorandum of information, the release of
Points and which could harm Google.
26 Authorities in
Support of Its Motion
27
for Partial Summary
226-5 / Exhibit 71 to Highlighted portions at GRANTED as containing
1
230-7 Google’s 1:3, 9, 25, 31, 37. confidential business
2 Memorandum of information, the release of
Points and which could harm Google.
3 Authorities in
Support of Its Motion
4 for Partial Summary
Judgment
5
226-5 / Exhibit 72 to Highlighted portions at GRANTED as containing
6 230-7 Google’s 1:3, 9, 24, 30, 36-38. confidential business
Memorandum of information, the release of
7 Points and which could harm Google.
Authorities in
8 Support of Its Motion
for Partial Summary
9
Judgment
10 226-5 / Exhibit 73 to Highlighted portions at GRANTED as containing
230-7 Google’s 1:3, 9, 25, 31, 38-39. confidential business
11 Memorandum of information, the release of
Points and which could harm Google.
12
Authorities in
13 Support of Its Motion
for Partial Summary
14 Judgment
226-5 / Exhibit 74 to Highlighted portions at GRANTED as containing
15 230-7 Google’s 1:25, 27-28, 30-34; confidential business
Memorandum of 2:1-4, 6, 11-13, 22-27. information, the release of
16
Points and which could harm Google.
17 Authorities in
Support of Its Motion
18 for Partial Summary
Judgment
19 226-5 / Exhibit 75 to Highlighted portions at GRANTED as containing
230-7 Google’s 1:40-42; confidential business
20
Memorandum of 2:2-8. information, the release of
21 Points and which could harm Google.
Authorities in
22 Support of Its Motion
for Partial Summary
23 Judgment
226-5 / Exhibit 76 to Entire document. GRANTED as containing
24
230-7 Google’s confidential business
25 Memorandum of information, the release of
Points and which could harm Google.
26 Authorities in
Support of Its Motion
27
for Partial Summary
226-5 / Exhibit 77 to Entire document. GRANTED as containing
1
230-7 Google’s confidential business
2 Memorandum of information, the release of
Points and which could harm Google.
3 Authorities in
Support of Its Motion
4 for Partial Summary
Judgment
5
226-5 / Exhibit 78 to Highlighted portions at GRANTED as containing
6 230-7 Google’s 1:9-15, 19, 28-30. confidential business
Memorandum of information, the release of
7 Points and which could harm Google.
Authorities in
8 Support of Its Motion
for Partial Summary
9
Judgment
10 226-5 / Exhibit 79 to Highlighted portions at GRANTED as containing
230-7 Google’s 1:24, 26, 30-36; confidential business
11 Memorandum of 2:1-3, 5, 9-17, 21-24. information, the release of
Points and which could harm Google.
12
Authorities in
13 Support of Its Motion
for Partial Summary
14 Judgment
226-5 / Exhibit 80 to Entire document. GRANTED as containing
15 230-7 Google’s confidential business
Memorandum of information, the release of
16
Points and which could harm Google.
17 Authorities in
Support of Its Motion
18 for Partial Summary
Judgment
19 226-5 / Exhibit 81 to Entire document. GRANTED as containing
230-7 Google’s confidential business
20
Memorandum of information, the release of
21 Points and which could harm Google.
Authorities in
22 Support of Its Motion
for Partial Summary
23 Judgment
226-5 / Exhibit 82 to Entire document. GRANTED as containing
24
230-8 Google’s confidential business
25 Memorandum of information, the release of
Points and which could harm Google.
26 Authorities in
Support of Its Motion
27
for Partial Summary
226-5 / Exhibit 83 to Entire document. GRANTED as containing
1
230-8 Google’s confidential business
2 Memorandum of information, the release of
Points and which could harm Google.
3 Authorities in
Support of Its Motion
4 for Partial Summary
Judgment
5
226-5 / Exhibit 84 to Entire document. GRANTED as containing
6 230-8 Google’s confidential business
Memorandum of information, the release of
7 Points and which could harm Google.
Authorities in
8 Support of Its Motion
for Partial Summary
9
Judgment
10 226-5 / Exhibit 85 to Highlighted portions at GRANTED as containing
230-8 Google’s 2:19-20. confidential business
11 Memorandum of information, the release of
Points and which could harm Google.
12
Authorities in
13 Support of Its Motion
for Partial Summary
14 Judgment
15
16 III. ECF NO. 231
17 Google has filed an administrative motion to consider whether PFI’s material should be
18 sealed. ECF No. 231. Google contends that this material, which is contained in exhibits 25 and
19 26 to its motion for partial summary judgment, contains sealable material. Id. PFI does not seek
20 to seal any material and opposes Google’s request on the ground that the “information Google
21 seeks to seal has already been disclosed, is commonly known, and [is] publicly available.” ECF
22 No. 236 at 2.
23 Google separates its sealing requests into two categories. The first category is “direct
24 quotes from or close restatements of the non-standard provisions of the Master Purchase
25 Agreement or the Statements of Work.” ECF No. 231 at 3. Google argues that the disclosure of
26 this information would expose Google’s “strategic decision-making with respect to the terms
27 offered to its contracting partners,” and, in turn, harm its competitive advantage. Id. The second
1 design, and manufacture the chip at issue in this litigation. Id. According to Google, the public
2 disclosure of this information would reveal Google’s strategy with respect to its contractual
3 relationships and undermine its leverage in the marketplace. Id.
4 As the sealing request relates to a motion for partial summary judgment, which the Court
5 finds is “more than tangentially related to the underlying cause[s] of action,” the Court will apply
6 the “compelling reasons” standard. Ctr. for Auto Safety, 809 F.3d at 1099–101. PFI argues that
7 Google’s sealing requests are inconsistent with the strong presumption of access to public records,
8 including because the information Google seeks to seal is publicly available. ECF No. 236 at 2–3.
9 Maybe so, but the Court again finds that Google’s litigation documents aggregate confidential
10 information in a single place, which heightens sensitivity. The Court thus finds that compelling
11 reasons exist to seal the materials Google identifies, because the “compelling reasons” standard is
12 met for confidential business information that would harm a party’s competitive standing if
13 publicly disclosed. See Music Grp. Macao Com. Offshore Ltd. v. Foote, No. 14-cv-03078, 2015
14 WL 3993147, at *6 (N.D. Cal. June 30, 2015); Jam Cellars, Inc. v. Wine Grp. LLC, No. 19-cv-
15 01878, 2020 WL 5576346, at *2 (N.D. Cal. Sept. 17, 2020) (finding compelling reasons for
16 sealing “confidential business and proprietary information”); Fed. Trade Comm’n v. Qualcomm
17 Inc., No. 17-cv-00220, 2019 WL 95922, at *3 (N.D. Cal. Jan. 3, 2019) (finding compelling
18 reasons for sealing “information that, if published, may harm . . . competitive standing and
19 divulges terms of confidential contracts, contract negotiations, or trade secrets”); In re Elec. Arts,
20 Inc., 298 F. App’x 568, 569 (9th Cir. 2008) (finding sealable “business information that might
21 harm a litigant’s competitive standing”).
22 The Court also finds that the request is narrowly tailored. See Civil L.R. 79-5(c)(3). The
23 Court’s ruling is summarized below:
24
25
26
27
1 Public ECF Document Portion(s) to Seal Ruling
No. /
2 Sealed
ECF. No.
3 226-5 / Exhibit 25 to Highlighted portions at GRANTED as containing
230-6 Google’s 138:5-6; 139:3, 17, 21; confidential business
4 Memorandum of 140:2, 7, 10, 16; 141:16; information, the release of
5 Points and 142:2, 16, 21; 143:2-3, 12, |which could harm Google.
Authorities in 14-15, 19; 144:5, 7, 10;
6 Support of Its Motion |145:17.
for Partial Summary
7 Judgment
226-5 / Exhibit 26 to Highlighted portions at GRANTED as containing
8 230-6 Google’s 39:3; 41:2, 4, 22; 42:23; confidential business
9 Memorandum of 43:2. information, the release of
Points and which could harm Google.
10 Authorities in
Support of Its Motion
1] for Partial Summary
Judgment
a 12
13
IV. ORDER
fh ©
© 13 For the foregoing reasons, IT IS HEREBY ORDERED that:
oO
6 (1) Google’s administrative motions, ECF Nos. 230, 231, are GRANTED to the extent Google
requests redactions.
5 18 (2) Google SHALL upload a public version of its motion for partial summary judgment and a
19 complete public set of all of the exhibits thereto, including those that are entirely sealed
50 (which should be identified with a placeholder page), those with redactions, and those that
31 are not sealed at all. The Court requests that the exhibits be submitted in numerical order
and be clearly labeled and identified on the docket. Google SHALL upload this complete
33 public version of its motion for summary judgment and set of exhibits on or before May 6,
2026.
24
Dated: April 29, 2026
25
26 fi TABSO N FREEMAN
7 United States District Judge
28