Opinion

Opinion

Court
District Court, N.D. California
Filed
Jun 29, 2026
Cited by
0 cases
Authority
More cited than 41.6%

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. 284, 293]

11 Defendant.

12

13 Before the Court are two administrative motions:

14 (1) Point Financial, Inc.’s (“PFI”) Combined Administrative Motions to File Under Seal

15 and to Consider Whether Materials Should Be Sealed. ECF No. 284.

16 (2) PFI’s Administrative Motion to Consider Whether PFI’s Notice of Motion to Modify

17 Preliminary Injunction and Memorandum in Support Should Be Sealed. ECF No. 293.

18 For the reasons set forth below, PFI’s administrative motion to file under seal, ECF No. 284, is

19 GRANTED, PFI’s administrative motion to consider whether materials should be sealed, ECF

20 No. 284, is GRANTED to the extent Google LLC (“Google”) seeks redactions, and PFI’s

21 administrative motion to consider whether its motion to modify the preliminary injunction should

22 be sealed, ECF No. 293, is GRANTED to the extent Google seeks redactions.

23 I. LEGAL STANDARD

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

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

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

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

1 Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003)). Parties seeking to seal judicial records relating to

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

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

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

5 1092, 1099–101 (9th Cir. 2016); Kamakana, 447 F.3d at 1178–80.

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

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

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

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

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

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

12 5(c)(2). And the proposed order must be “narrowly tailored to seal only the sealable material.”

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

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

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

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

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

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

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

20 5(f)(3). A designating party’s failure to file a statement or declaration may result in the unsealing

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

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

23 II. ECF NO. 284

24 In connection with its answer and second amended counterclaim (attached to its renewed

25 motion for leave to amend), PFI has filed a combined administrative motion to file under seal and

26 to consider whether materials should be sealed. ECF No. 284. The Court addresses each portion

27 of the motion in turn.

A. PFI’s Motion to File Under Seal

1

Beginning with PFI’s motion to file under seal, PFI seeks to file portions of its answer and

2

second amended counterclaim and accompanying redline under seal. ECF No. 284 at 1. PFI

3

argues that because its submissions contain trade secrets and confidential business information,

4

compelling reasons exist to redact portions of its answer and second amended counterclaim. Id.

5

Google does not oppose.

6

As the sealing request relates to an answer and second amended counterclaim, which the

7

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

8

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

9

finds that compelling reasons exist to seal the materials PFI identifies, because the “compelling

10

reasons” standard is met for confidential business information that would harm a party’s

11

competitive standing if publicly disclosed. See Music Grp. Macao Com. Offshore Ltd. v. Foote,

12

No. 14-cv-03078, 2015 WL 3993147, at *6 (N.D. Cal. June 30, 2015); Jam Cellars, Inc. v. Wine

13

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

14

compelling reasons for sealing “confidential business and proprietary information”); Fed. Trade

15

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

16

(finding compelling reasons for sealing “information that, if published, may harm . . . competitive

17

standing and divulges terms of confidential contracts, contract negotiations, or trade secrets”); In

18

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

19

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

20

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

21

The Court’s ruling is summarized below:

22 Public ECF Document Portion(s) to Seal Ruling

No. /

23

Sealed

24 ECF. No.

283-1 / 284- Point Financial, Inc.’s Highlighted portions at GRANTED as containing

25 4 Answer and Second 16:11-17:24. confidential business

Amended Counterclaim information, the release of

26

which could harm PFI.

27

283-2 / 284- Redlined copy of Point Highlighted portions at GRANTED as containing

1 5 Financial Inc.’s Answer 16:11-17:24. confidential business

2 and Second Amended information, the release of

Counterclaim which could harm PFI.

3

B. PFI’s Motion to Consider Whether Google’s Material Should be Sealed

4

PFI also moves for the Court to consider whether additional portions of its answer and

5

second amended complaint should be sealed. ECF No. 284 at 3–4. Google has submitted a

6

statement in support of sealing, seeking to redact terms and phrases pertaining to Google’s

7

confidential and propriety technology at issue in this litigation. See ECF No. 296 at 2. Google

8

takes the position that the public disclosure of these materials would weaken the competitive

9

advantage that Google maintains as a result of the substantial investment it has made into this

10

technology. Id. Although PFI contends that “none of these materials warrant sealing,” ECF

11

No. 284 at 4, PFI does not oppose Google’s request

12

As the sealing request relates to an answer and second amended counterclaim, which the

13

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

14

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

15

finds that compelling reasons exist to seal the materials Google identifies, because the “compelling

16

reasons” standard is met for confidential business information that would harm a party’s

17

competitive standing if publicly disclosed. See Music Grp. Macao Com. Offshore Ltd. v. Foote,

18

No. 14-cv-03078, 2015 WL 3993147, at *6 (N.D. Cal. June 30, 2015); Jam Cellars, Inc. v. Wine

19

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

20

compelling reasons for sealing “confidential business and proprietary information”); Fed. Trade

21

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

22

(finding compelling reasons for sealing “information that, if published, may harm . . . competitive

23

standing and divulges terms of confidential contracts, contract negotiations, or trade secrets”); In

24

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

25

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

26

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

27

1 The Court’s ruling is summarized below:

Public ECF Document Portion(s) to Seal Ruling

2

No. /

3 Sealed

ECF. No.

4 283-1 / 297 Point Financial, Inc.’s Highlighted portions at GRANTED as containing

Answer and Second 3:8, 11; confidential business

5 Amended Counterclaim 4:23-24; information, the release of

18:1, 4, 6, 8-15, 17, 19-22, which could harm Google.

6

24-25;

7 19:2, 4;

20:2, 8, 11, 15, 24.

8 283-2 / 297- Redlined copy of Point Highlighted portions at GRANTED as containing

1 Financial Answer and 3:8, 11; confidential business

9 Second Amended 4:23-24; information, the release of

Counterclaim 18:1, 4, 6, 8-15, 17, 19-22, which could harm Google.

10

24-25;

11 19:2, 4;

20:2, 8, 11, 15, 24.

12

13

III. ECF NO. 293

14

PFI has also filed an administrative motion to consider whether its notice of motion to

15

modify preliminary injunction and memorandum in support should be sealed. ECF No. 293.

16

Google has submitted a statement in support of sealing. ECF No. 300. Although PFI contends

17

that none of the materials warrant sealing, ECF No. 293 at 1, PFI does not oppose Google’s

18

request.

19

Google separates its sealing request into three categories. The first category is “terms and

20

phrases pertaining to Google’s confidential and proprietary technology at issue in this litigation.”

21

ECF No. 300 at 2. Google contends the disclosure of this information would reveal Google’s

22

confidential technology and in turn “weaken the competitive advantage Google maintains in the

23

marketplace.” Id. The second category consists of quotes and close restatements of provisions of

24

Google’s confidential contracts with third parties pertaining to Google’s plans regarding the chip

25

at issue in this litigation. Id. Google argues that the disclosure of this information would expose

26

Google’s “strategic decision-making with respect to the terms offered to its contracting partners”

27

and harm its competitive advantage. Id. The third category of information Google seeks to seal is

1 non-public business information pertaining to Google’s agreements with third parties as to its

2 plans for the at-issue chip. Id. at 2–3. According to Google, the public disclosure of this

3 information would reveal Google’s strategy with respect to its contractual relationships and

4 weaken its leverage. Id.

5 As the sealing request relates to a motion to modify the preliminary injunction, which the

6 Court finds is “more than tangentially related to the underlying cause[s] of action,” the Court will

7 apply the “compelling reasons” standard. Ctr. for Auto Safety, 809 F.3d at 1099–101. The Court

8 finds that compelling reasons exist to seal the materials Google identifies, because the “compelling

9 reasons” standard is met for confidential business information that would harm a party’s

10 competitive standing if publicly disclosed. See Music Grp. Macao Com. Offshore Ltd. v. Foote,

11 No. 14-cv-03078, 2015 WL 3993147, at *6 (N.D. Cal. June 30, 2015); Jam Cellars, Inc. v. Wine

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

13 compelling reasons for sealing “confidential business and proprietary information”); Fed. Trade

14 Comm’n v. Qualcomm Inc., No. 17-cv-00220, 2019 WL 95922, at *3 (N.D. Cal. Jan. 3, 2019)

15 (finding compelling reasons for sealing “information that, if published, may harm . . . competitive

16 standing and divulges terms of confidential contracts, contract negotiations, or trade secrets”); In

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

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

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

20

21

22

23

24

25

26

27

1 The Court’s ruling is summarized below:

Public ECF Document Portion(s) to Seal Ruling

2

No. /

3 Sealed

ECF. No.

4 292 / 301 PFI’s Notice of Motion Highlighted portions at GRANTED as containing

to Modify Preliminary 2:11; confidential business

5 Injunction and 3:27; information, the release of

Memorandum in 4:1-7; which could harm Google.

6 Support

5:9, 13, 23;

7 6:7;

8:11;

8 9:14, 24;

11:12-14;

9 14:19, 23-25;

15:5.

10

292-2 / 301- Proposed Order to Highlighted portions at GRANTED as containing

11 1 PFI’s Notice of Motion 2:1, 4-5. confidential business

to Modify Preliminary information, the release of

12 Injunction and which could harm Google.

Memorandum in

13 Support

292-3 / 301- Exhibit A to PFI’s Highlighted portions at GRANTED as containing

14 2 Notice of Motion to 1:11, 23-24, 27, 29; confidential business

Modify Preliminary 2:35; information, the release of

15 Injunction and 3:4, 34; which could harm Google.

16 M Su e p m po o r r t a ndum in 4:9-10, 14, 23.

17 292-3 / 301- Exhibit B to PFI’s Highlighted portions at GRANTED as containing

2 Notice of Motion to 1:1, 4, 6, 9, 12, 15-16, 20, 27; confidential business

18 Modify Preliminary 2:1-2, 4. information, the release of

Injunction and which could harm Google.

19 Memorandum in

Support

20 292-3 / 301- Exhibit D to PFI’s Highlighted portions at GRANTED as containing

2 Notice of Motion to 5:14, 16-17, 22; confidential business

21

Modify Preliminary 6:5, 9-10, 12-13, 16, 19, 24; information, the release of

22 Injunction and 7:3. which could harm Google.

Memorandum in

23 Support

264-3 / 301- Exhibit E to PFI’s Highlighted portions at GRANTED as containing

24 2 Notice of Motion to 2:15, 26; confidential business

Modify Preliminary 3:5, 17; information, the release of

25 Injunction and 4:1, 12, 23; which could harm Google.

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

26 Support

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

27 7:4, 10, 18.

1 264-3 / 301- |Exhibit F to PFI’s Highlighted portions at GRANTED as containing

2 Notice of Motion to 1:16-17, 28; confidential business

2 Modity Preliminary 2:2-3, 15-16, 19, 22, 27-28; |information, the release of

Injunction and 3:28; which could harm Google.

Memorandum in . .

3 Support 4:6-7, 28;

mppe 5:28;

4 6:11.

5

6 || IV. ORDER

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

8 (1) PFI’s Combined Administrative Motions, ECF No. 284, are GRANTED as follows:

9 a. PFI’s administrative motion to file under seal is GRANTED.

10 b. PFI’s administrative motion to consider whether materials should be sealed is

1] GRANTED to the extent Google seeks redactions.

a 12 (2) PFI’s Administrative Motion to Consider Whether PFI’s Notice of Motion to Modify

13 Preliminary Injunction and Memorandum in Support Should Be Sealed, ECF No. 293,

is GRANTED to the extent Google seeks redactions.

15 (3) PFISHALL file complete public versions of its motions and all of the exhibits with

A 16 redactions consistent with this Order on or before July 6, 2026.

17 || Dated: June 29, 2026

, yy Ly J

Z 18

TH LABSON FREEMAN

19 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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