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
9 v. ADMINISTRATIVE SEALING
MOTIONS
10 POINT FINANCIAL, INC.,
[Re: ECF Nos. 254, 256]
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. 254.
15 (2) Point Financial, Inc.’s (“PFI”) Administrative Motion to Consider Whether PFI’s
16 Response to Google’s Motion for Partial Summary Judgment and Supporting Exhibits
17 Should be Sealed. ECF No. 256.
18 For the reasons set forth below, the administrative motions are GRANTED to the extent Google
19 seeks redactions.
20 I. LEGAL STANDARD
21 “Historically, courts have recognized a ‘general right to inspect and copy public records
22 and documents, including judicial records and documents.’” Kamakana v. City & Cnty. of
23 Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Commc’ns, Inc., 435
24 U.S. 589, 597 & n.7 (1978)). Accordingly, when considering a sealing request, “a ‘strong
25 presumption in favor of access’ is the starting point.” Id. (quoting Foltz v. State Farm Mut. Auto.
26 Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003)). Parties seeking to seal judicial records relating to
27 motions that are “more than tangentially related to the underlying cause of action” bear the burden
1 access and the public policies favoring disclosure. Ctr. for Auto Safety v. Chrysler Grp., 809 F.3d
2 1092, 1099–101 (9th Cir. 2016); Kamakana, 447 F.3d at 1178–80.
3 In addition, in this district, all parties requesting sealing must comply with Civil Local
4 Rule 79-5. That rule requires, inter alia, the moving party to provide “the reasons for keeping a
5 document under seal, including an explanation of: (i) the legitimate private or public interests that
6 warrant sealing; (ii) the injury that will result if sealing is denied; and (iii) why a less restrictive
7 alternative to sealing is not sufficient.” Civil L.R. 79-5(c)(1). Civil Local Rule 79-5 requires the
8 moving party to provide “evidentiary support from declarations where necessary.” Civil L.R. 79-
9 5(c)(2). And the proposed order must be “narrowly tailored to seal only the sealable material.”
10 Civil L.R. 79-5(c)(3).
11 Further, when a party seeks to seal a document because it has been designated as
12 confidential by another party, the filing party must file an Administrative Motion to Consider
13 Whether Another Party’s Material Should be Sealed. Civil L.R. 79-5(f). In that case, the filing
14 party need not satisfy the requirements of subsection (c)(1). Civil L.R. 79-5(f)(1). Instead, the
15 party who designated the material as confidential must, within seven days of the motion’s filing,
16 file a statement and/or declaration that meets the requirements of subsection (c)(1). Civil L.R. 79-
17 5(f)(3). A designating party’s failure to file a statement or declaration may result in the unsealing
18 of the provisionally sealed document without further notice to the designating party. Id. Any
19 party can file a response to that declaration within four days. Civil L.R. 79-5(f)(4).
20 II. ECF NO. 254
21 Google has filed an administrative motion to seal portions of its response in opposition to
22 PFI’s motion for summary judgment and exhibits thereto. ECF No. 254. PFI has not submitted an
23 opposition to Google’s administrative motion.
24 Google separates its sealing request into three categories. The first category is “terms and
25 phrases pertaining to Google’s confidential and proprietary technology at issue in this litigation.”
26 Id. at 3. Google contends the disclosure of this information would reveal Google’s confidential
27 technology and in turn “weaken the competitive advantage Google maintains in the marketplace.”
1 confidential contracts with third parties pertaining to Google’s plans regarding the chip at issue in
2 this litigation. Id. Google argues that the disclosure of this information would expose Google’s
3 “strategic decision-making with respect to the terms offered to its contracting partners” and harm
4 its competitive advantage. Id. The third category of information Google seeks to seal is non-
5 public business information pertaining to Google’s agreements with third parties as to its plans for
6 the at-issue chip. Id. According to Google, the public disclosure of this information would reveal
7 Google’s strategy with respect to its contractual relationships and weaken its leverage. Id. at 2–3.
8 As the sealing request relates to a response to a motion for summary judgment, which the
9 Court finds is “more than tangentially related to the underlying cause[s] of action,” the Court will
10 apply the “compelling reasons” standard. Ctr. for Auto Safety, 809 F.3d at 1099–101. The Court
11 finds that compelling reasons exist to seal the materials Google identifies, because the “compelling
12 reasons” standard is met for confidential business information that would harm a party’s
13 competitive standing if publicly disclosed. See Music Grp. Macao Com. Offshore Ltd. v. Foote,
14 No. 14-cv-03078, 2015 WL 3993147, at *6 (N.D. Cal. June 30, 2015); Jam Cellars, Inc. v. Wine
15 Grp. LLC, No. 19-cv-01878, 2020 WL 5576346, at *2 (N.D. Cal. Sept. 17, 2020) (finding
16 compelling reasons for sealing “confidential business and proprietary information”); Fed. Trade
17 Comm’n v. Qualcomm Inc., No. 17-cv-00220, 2019 WL 95922, at *3 (N.D. Cal. Jan. 3, 2019)
18 (finding compelling reasons for sealing “information that, if published, may harm . . . competitive
19 standing and divulges terms of confidential contracts, contract negotiations, or trade secrets”); In
20 re Elec. Arts, Inc., 298 F. App’x 568, 569 (9th Cir. 2008) (finding sealable “business information
21 that might 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
Public ECF Document Portion(s) to Seal Ruling
1
No. /
2 Sealed
ECF. No.
3 253 / 254-3 Google’s Response to Highlighted portions at GRANTED as containing
PFI’s Motion for 1:21, 28; confidential business
4 Summary Judgment 2:8-9, 13, 28; information, the release of
3: 1-2, 6, 9, 15-19, 21-26; which could harm Google.
5
4:4, 18, 20, 24-25;
6 6:10-13, 14-17, 22-23;
7:2-5, 8-15, 17-26;
7 8:4, 14-15, 17, 19-26;
9:2, 5-8, 10-13, 16-17, 21;
8 11:22-23;
12:4, 6, 8-12;
9
14:25;
10 15:16;
16:20;
11 17:6-9;
18:7-8, 11-12, 15-23;
12 19:10, 12, 25-26, 28;
20:1, 4, 14-21;
13
21:8, 12;
14 22:23, 25, 27;
23:1, 3, 7-8, 14, 19-20, 24-
15 26;
24:1, 4, 11, 16, 21, 23, 25-26,
16
28;
17 25:2, 6-7.
253-2 / Exhibit 86 to Highlighted portions at GRANTED as containing
18 254-4 Google’s Response to 1:4, 5-7. confidential business
PFI’s Motion for information, the release of
19 Summary Judgment which could harm Google.
20
21
22
23
24
25
26
27
253-2 / Exhibit 87 to Highlighted portions at GRANTED as containing
1
254-4 Google’s Response to 1:1, 4-6, 8, 10, 15-20, 23-26, confidential business
2 PFI’s Motion for 30; information, the release of
Summary Judgment 2:1-2, 4-9, 12-15, 19; which could harm Google.
3 3:1-2, 4-9, 12-15, 19;
4:2-3, 7-12, 14-17, 19;
4 5:1-6, 9-11, 15-16, 21;
6:10, 16;
5
7:4, 7-8, 10, 18-21;
6 8:1-3, 7-8, 13, 19-20, 22;
9:4, 12-13;
7 10:8-13, 17-18, 23;
11:4, 9, 13, 20;
8 12:4, 11-12, 16-17, 23, 26,
30;
9
13:8, 13-15, 19;
10 14:3-5, 12;
15:1-3;
11 16:1, 6-7, 9, 13, 18-19, 21;
17:4, 9-10, 12;
12 18:1, 6-7, 9.
253-2 / Exhibit 88 to Highlighted portions at GRANTED as containing
13
254-4 Google’s Response to 58:7. confidential business
14 PFI’s Motion for information, the release of
Summary Judgment which could harm Google.
15 253-2 / Exhibit 89 to Entire document. GRANTED as containing
254-4 Google’s Response to confidential business
16
PFI’s Motion for information, the release of
17 Summary Judgment which could harm Google.
253-2 / Exhibit 90 to Highlighted portions at GRANTED as containing
18 254-4 Google’s Response to 2:6-7, 10-15, 17-19, 24, 26; confidential business
PFI’s Motion for 3:10, 14-17. information, the release of
19 Summary Judgment which could harm Google.
253-2 / Exhibit 91 to Highlighted portions at GRANTED as containing
20
254-4 Google’s Response to 130:1, 8-9, 11-13, 18, 20; confidential business
21 PFI’s Motion for 131:6-7, 11, 19, 21-22; information, the release of
Summary Judgment 132:2, 4, 20. which could harm Google.
22 253-2 / Exhibit 92 to Highlighted portions at GRANTED as containing
254-4 Google’s Response to 28:13; confidential business
23
PFI’s Motion for 79:2-3, 21; information, the release of
Summary Judgment 80:17; which could harm Google.
24
81:1-2, 4;
25 144:1, 4, 9, 15-19;
145:9-10, 12, 14-15, 18-20,
26 24.
27
253-2 / Exhibit 93 to Highlighted portions at GRANTED as containing
1
254-4 Google’s Response to 2:18-19. confidential business
2 PFI’s Motion for information, the release of
Summary Judgment which could harm Google.
3 253-2 / Exhibit 94 to Entire document. GRANTED as containing
254-4 Google’s Response to confidential business
4 PFI’s Motion for information, the release of
Summary Judgment which could harm Google.
5
253-2 / Exhibit 95 to Entire document. GRANTED as containing
6 254-4 Google’s Response to confidential business
PFI’s Motion for information, the release of
7 Summary Judgment which could harm Google.
253-2 / Exhibit 96 to Entire document. GRANTED as containing
8
254-4 Google’s Response to confidential business
9 PFI’s Motion for information, the release of
Summary Judgment which could harm Google.
10 253-2 / Exhibit 97 to Entire document. GRANTED as containing
254-4 Google’s Response to confidential business
11 PFI’s Motion for information, the release of
Summary Judgment which could harm Google.
12
253-2 / Exhibit 98 to Entire document. GRANTED as containing
13 254-4 Google’s Response to confidential business
PFI’s Motion for information, the release of
14 Summary Judgment which could harm Google.
253-2 / Exhibit 99 to Entire document. GRANTED as containing
15 254-4 Google’s Response to confidential business
PFI’s Motion for information, the release of
16
Summary Judgment which could harm Google.
17 253-2 / Exhibit 100 to Entire document. GRANTED as containing
254-4 Google’s Response to confidential business
18 PFI’s Motion for information, the release of
Summary Judgment which could harm Google.
19
253-2 / Exhibit 101 to Entire document. GRANTED as containing
20 254-4 Google’s Response to confidential business
PFI’s Motion for information, the release of
21 Summary Judgment which could harm Google.
253-2 / Exhibit 102 to Entire document. GRANTED as containing
22 254-4 Google’s Response to confidential business
PFI’s Motion for information, the release of
23
Summary Judgment which could harm Google.
24 253-2 / Exhibit 103 to Entire document. GRANTED as containing
254-4 Google’s Response to confidential business
25 PFI’s Motion for information, the release of
Summary Judgment which could harm Google.
26
253-2 / Exhibit 104 to Entire document. GRANTED as containing
27 254-4 Google’s Response to confidential business
PFI’s Motion for information, the release of
253-2 / Exhibit 105 to Entire document. GRANTED as containing
1
254-4 Google’s Response to confidential business
2 PFI’s Motion for information, the release of
Summary Judgment which could harm Google.
3 253-2 / Exhibit 106 to Entire document. GRANTED as containing
254-5 Google’s Response to confidential business
4 PFI’s Motion for information, the release of
Summary Judgment which could harm Google.
5
253-2 / Exhibit 107 to Highlighted portions at GRANTED as containing
6 254-5 Google’s Response to 55:5, 11-13, 23-25. confidential business
PFI’s Motion for information, the release of
7 Summary Judgment which could harm Google.
253-2 / Exhibit 108 to Entire document. GRANTED as containing
8
254-5 Google’s Response to confidential business
9 PFI’s Motion for information, the release of
Summary Judgment which could harm Google.
10 253-2 / Exhibit 109 to Entire document. GRANTED as containing
254-5 Google’s Response to confidential business
11 PFI’s Motion for information, the release of
Summary Judgment which could harm Google.
12
253-2 / Exhibit 110 to Entire document. GRANTED as containing
13 254-5 Google’s Response to confidential business
PFI’s Motion for information, the release of
14 Summary Judgment which could harm Google.
253-2 / Exhibit 111 to Entire document. GRANTED as containing
15 254-5 Google’s Response to confidential business
PFI’s Motion for information, the release of
16
Summary Judgment which could harm Google.
17 253-2 / Exhibit 112 to Entire document. GRANTED as containing
254-5 Google’s Response to confidential business
18 PFI’s Motion for information, the release of
Summary Judgment which could harm Google.
19
253-2 / Exhibit 113 to Entire document. GRANTED as containing
20 254-5 Google’s Response to confidential business
PFI’s Motion for information, the release of
21 Summary Judgment which could harm Google.
253-2 / Exhibit 114 to Entire document. GRANTED as containing
22 254-5 Google’s Response to confidential business
PFI’s Motion for information, the release of
23
Summary Judgment which could harm Google.
24 253-2 / Exhibit 115 to Entire document. GRANTED as containing
254-5 Google’s Response to confidential business
25 PFI’s Motion for information, the release of
Summary Judgment which could harm Google.
26
253-2 / Exhibit 116 to Entire document. GRANTED as containing
27 254-5 Google’s Response to confidential business
PFI’s Motion for information, the release of
253-2 / Exhibit 117 to Entire document. GRANTED as containing
1
254-5 Google’s Response to confidential business
2 PFI’s Motion for information, the release of
Summary Judgment which could harm Google.
3 253-2 / Exhibit 118 to Entire document. GRANTED as containing
254-5 Google’s Response to confidential business
4 PFI’s Motion for information, the release of
Summary Judgment which could harm Google.
5
III. ECF NO. 256
6
PFI has filed an administrative motion to consider whether PFI’s response to Google’s
7
motion for partial summary judgment and supporting exhibits should be sealed. ECF No. 256.
8
Google submitted a statement in support of sealing. ECF No. 259. Although PFI maintains that
9
“none of these materials warrant sealing,” ECF No. 256 at 1, PFI does not oppose Google’s
10
request.
11
Google separates its sealing request into three categories. The first category is “terms,
12
phrases, and documents pertaining to Google’s confidential and proprietary technology at issue in
13
this litigation.” ECF No. 259 at 2. Google contends the disclosure of this information would
14
reveal Google’s confidential technology and in turn “weaken the competitive advantage Google
15
maintains in the marketplace.” Id. The second category consists of “confidential contracts with
16
third parties” pertaining to Google’s plans to develop, design, and manufacture the chip at issue in
17
this litigation. Id. Google argues that the disclosure of this information would expose Google’s
18
“strategic decision-making with respect to the terms offered to its contracting partners” and harm
19
its competitive advantage. Id. The third category of information Google seeks to seal is
20
confidential information pertaining to Google’s agreements with third parties and the identities of
21
the vendors that manufacture, test, and assemble the at-issue chip. Id. According to Google, the
22
public disclosure of this information would reveal Google’s strategy with respect to its contractual
23
relationships and weaken its leverage. Id. at 3.
24
As the sealing request relates to a response to a motion for partial summary judgment,
25
which the Court finds is “more than tangentially related to the underlying cause[s] of action,” the
26
Court will apply the “compelling reasons” standard. Ctr. for Auto Safety, 809 F.3d at 1099–101.
27
1 “compelling reasons” standard is met for confidential business information that would harm a
2 party’s competitive standing if publicly disclosed. See Music Grp. Macao Com. Offshore Ltd. v.
3 Foote, No. 14-cv-03078, 2015 WL 3993147, at *6 (N.D. Cal. June 30, 2015); Jam Cellars, Inc. v.
4 Wine Grp. LLC, No. 19-cv-01878, 2020 WL 5576346, at *2 (N.D. Cal. Sept. 17, 2020) (finding
5 compelling reasons for sealing “confidential business and proprietary information”); Fed. Trade
6 Comm’n v. Qualcomm Inc., No. 17-cv-00220, 2019 WL 95922, at *3 (N.D. Cal. Jan. 3, 2019)
7 (finding compelling reasons for sealing “information that, if published, may harm . . . competitive
8 standing and divulges terms of confidential contracts, contract negotiations, or trade secrets”); In
9 re Elec. Arts, Inc., 298 F. App’x 568, 569 (9th Cir. 2008) (finding sealable “business information
10 that might harm a litigant’s competitive standing”).
11 The Court also finds that the request is narrowly tailored. See Civil L.R. 79-5(c)(3). The
12 Court’s ruling is summarized below:
Public ECF Document Portion(s) to Seal Ruling
13
No. /
14 Sealed
ECF. No.
15 Not on the Point Financial, Inc.’s Highlighted portions at GRANTED as containing
Docket / Response to Google’s i:21-22; confidential business
16 260 Motion for Summary 1: 5-7, 9, 17-20, 22-23; information, the release of
Judgment 2:1-6, 11, 13-18, 20, 23, 25, which could harm Google.
17
27;
18 3:1, 6, 10, 14-16, 19, 26;
4:2, 11, 24;
19 5:1, 4;
8:13;
20 12:9-12;
17:22;
21
19:25, 27;
22 20:1-2, 7, 10-11, 13;
21:9-10, 12;
23 22:18-24;
23:1, 3, 5, 7, 9-11, 16, 22-24;
24 24:1-8, 19, 21-22;
25:1, 4, 6-8, 20.
25
255-2 / Exhibit KK to Point Highlighted portions at GRANTED as containing
26 260-1 Financial, Inc.’s 1:1, 2, 4-7, 10, 20, 22-24, 28. confidential business
Response to Google’s information, the release of
27 Motion for Summary which could harm Google.
255-2 / Exhibit LL to Point Highlighted portions at GRANTED as containing
1
260-1 Financial, Inc.’s 1:15-16; confidential business
2 Response to Google’s 2:1-2; information, the release of
Motion for Summary 3:3; which could harm Google.
3 Judgment 15:1, 6, 13, 17;
16:16, 19;
4 17:4, 18, 23-25;
18:3, 9, 15, 21, 24;
5
20:25;
6 21:9;
22:22;
7 65:5, 7, 17;
66:5, 7, 15-16, 18-19, 25;
8 73:18, 25;
76:1, 12, 25;
9
119:8, 21, 23;
10 120:1, 10-11, 16, 21.
255-2 / Exhibit MM to Point Highlighted portions at GRANTED as containing
11 260-1 Financial, Inc.’s 1:3, 4, 6, 9, 17, 18, 20, 22-23, confidential business
Response to Google’s 26, 28, 34-35; information, the release of
12 Motion for Summary 2:1, 6-7, 9. which could harm Google.
Judgment
13
255-2 / Exhibit NN to Point Highlighted portions at GRANTED as containing
14 260-1 Financial, Inc.’s 1:1, 4-5, 7, 9, 12, 15, 20, 27, confidential business
Response to Google’s 32-33. information, the release of
15 Motion for Summary 2:2. which could harm Google.
Judgment
16
255-2 / Exhibit OO to Point Highlighted portions at GRANTED as containing
17 260-1 Financial, Inc.’s 1:1, 4, 6, 10, 13-15, 20, 26- confidential business
Response to Google’s 27, 31; information, the release of
18 Motion for Summary 2:1,3, 6-7, 10,14-15, 17-19, which could harm Google.
Judgment 22, 25, 27-29, 32-34;
19 3:1-2, 5-6, 13, 16, 21;
4:1, 4, 6-9, 14-15, 17-18,23-
20
24, 26;
21 5:1, 6-7, 9.
255-2 / Exhibit PP to Point Highlighted portions at GRANTED as containing
22 260-1 Financial, Inc.’s 51:5, 7-8. confidential business
Response to Google’s information, the release of
23 Motion for Summary which could harm Google.
Judgment
24
255-2 / Exhibit QQ to Point Highlighted portions at GRANTED as containing
25 260-1 Financial, Inc.’s 1:8-9, 19; confidential business
Response to Google’s 2:4, 16, 20; information, the release of
26 Motion for Summary 3:11, 14, 18-19, 22, 24; which could harm Google.
Judgment 4:2-3, 15, 18, 20, 22, 25;
27
5:1, 6, 9, 14, 16, 19-20;
1 255-2 / Exhibit RR to Point {Entire document. GRANTED as containing
260-1 Financial, Inc.’s confidential business
2 Response to Google’s information, the release of
Motion for Summary which could harm Google.
3 Judgment
255-2 / Exhibit UU to Point {Highlighted portions at GRANTED as containing
4 260-1 Financial, Inc.’s 2:12; confidential business
5 Response to Google’s |112:4. information, the release of
Motion for Summary which could harm Google.
6 Judgment
255-2 / Exhibit VV to Point {Entire document. GRANTED as containing
7 260-1 Financial, Inc.’s confidential business
Response to Google’s information, the release of
8 Motion for Summary which could harm Google.
9 Judgment
10 IV. ORDER
11 For the foregoing reasons, IT IS HEREBY ORDERED that:
a 12 (1) Google’s administrative motion, ECF No. 254, is GRANTED.
13 (2) PFI’s administrative motion, ECF No. 256, is GRANTED to the extent Google
14 requests redactions.
15 (3) Each party SHALL upload a public version of its opposition and a complete public set
Qa 16 of all of the exhibits thereto, including those that are entirely sealed (which should be
17 identified with a placeholder page), those with redactions, and those that are not sealed
18 at all. The Court requests that the exhibits be submitted in order and be clearly labeled
19 and identified on the docket. Each party SHALL upload the public version of its
20 opposition and exhibits on or before May 29, 2026.
21 Dated: May 20, 2026
TH LABSON FREEMAN
23 United States District Judge
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26
27
28