DNA Genotek Inc. v. Spectrum Solutions L.L.C. ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 DNA GENOTEK INC., Case No.: 21-CV-516-RSH-DDL 12 Plaintiff, ORDER GRANTING DEFENDANT’S 13 v. MOTION TO SEAL 14 SPECTRUM SOLUTIONS L.L.C., [ECF No. 84] 15 Defendant. 16 17 On February 18, 2022, Defendant filed a motion to seal documents in connection 18 with its claim construction brief (“Motion”). ECF No. 84. The Motion seeks to seal Exhibit 19 18 in support of Defendant’s claim construction brief and a portion of a single sentence in 20 that brief that describes Exhibit 18. 21 There is a presumptive right of public access to court records based upon the 22 common law and the First Amendment. See Nixon v. Warner Comm., Inc., 435 U.S. 589, 23 597 (1978); Phillips ex rel. Estates of Byrd v. General Motors Corp., 307 F.3d 1206, 1212- 24 13 (9th Cir. 2002). A party must demonstrate “good cause” when it seeks to file documents 25 under seal in connection with a non-dispositive motion. Pintos v. Pac. Creditors Ass’n, 605 26 F.3d 665, 678 (9th Cir. 2010). “For good cause to exist, the party seeking protection bears 27 the burden of showing specific prejudice or harm will result if no protective order is 28 granted.” Phillips, 307 F.3d at 1210–11. 1 The Court finds there is good cause to seal Exhibit 18 because it contains proprietary 2 || business information that could harm Plaintiff's competitive standing. There is likewise 3 ||good cause to redact Defendant’s claim construction brief. Defendant’s proposed 4 redactions are narrowly tailored to seal only the confidential information from Exhibit 18. 5 The Court therefore GRANTS the Motion. 6 IT IS SO ORDERED. fide x ¢ Pi cca 7 Dated: September 27, 2022 Hon. Robert S. Huie United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28