2nd Pacer--TECHNOLOGY PROPERTIES LIMITED’S AND ALLIACENSE LTD.’S
ADMINISTRATIVE MOTION FOR A SEALING ORDER

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
BARCO N.V., a Belgian corporation,
Plaintiff,
v.
TECHNOLOGY PROPERTIES LTD.,
PATRIOT SCIENTIFIC CORP.,
ALLIACENSE LTD.,
Defendants.

TECHNOLOGY PROPERTIES LIMITED’S AND ALLIACENSE LTD.’S
ADMINISTRATIVE MOTION FOR A SEALING ORDER

Pursuant to Civil Local Rules 7-11 and 79-5, Defendants Technology Properties Limited
and Alliacense Ltd. (“TPL”), hereby move for an administrative order sealing Exhibits A-1
through A-11, B-1 through B-5, and C-1 through C-5 of the parties’ Discovery Dispute Joint
Report #2. (Dkt. No. 208.) TPL realized when reviewing Magistrate Judge Lloyd’s Order of
September 12, 2011 that its counsel inadvertently failed to file the required declaration in support
of maintaining the exhibits under seal. (Dkt. No. 214.) Declaration of Deepak Gupta In Support
of Administrative Motion to File Confidential Documents Under Seal, ¶ 3 (“Gupta Decl.”).
Counsel apologizes to the Court and opposing counsel for this oversight. TPL hereby respectfully
requests relief from the September 12, 2011 Order, and requests that the Court maintain these
Product Reports under seal, as they are confidential and such documents have remained under
seal throughout these proceedings and in the two related cases. See, e.g., Barco, Case No. 05398
(JW), Dkt. Nos. 128, 139, 152, 196, 198; Acer, Case No. 3:08-cv-00877 (JW) Dkt. Nos. 188, 220,
279, 280; HTC, Case No. 3:08-cv-00882 (JW), Dkt. Nos. 105, 257, 299, 314 (Orders sealing
Product Reports).
The Court can seal court documents when they contain “a trade secret or other
confidential … development … or commercial information.” Kamakana v. City & County of
Honolulu, 447 F.3d 1172, 1179–80 (9th Cir. 2006) (court has compelling reason to seal records
containing trade secrets and good cause to seal documents containing other material protected by
Fed. R. Civ. Proc. 26(c)(1)(G) (protecting “confidential … development … or commercial
information”)). As set forth in the accompanying Declaration of Mac Leckrone, these exhibits
contain Product Reports that were created by Alliacense at substantial expense and effort, and
contain highly confidential proprietary information. Their public disclosure would cause
substantial harm to Alliacense’s competitive and financial position. See Declaration of Mac
Leckrone in Support of Administrative Motion to File Confidential Documents Under Seal ¶¶ 5-
8. TPL accordingly requests that these documents be sealed. 1
Respectfully Submitted,
Dated: September 13, 2011 FARELLA BRAUN & MARTEL LLP
By: __/s/ John L. Cooper____________
John L. Cooper
Attorneys for Defendants
TECHNOLOGY PROPERTIES LIMITED
and ALLIACENSE LIMITED
1 Prior to bringing this motion, TPL explained to Barco its oversight and asked whether it would
oppose this request for administrative relief. Barco stated it would. Gupta Decl. ¶ 4. Barco’s
apparent intention to oppose is an opportunistic attempt to redefine the parties’ and Court’s
practice of sealing the Product Reports in these proceedings. There is no undue prejudice to
Barco from maintaining these documents as confidential, because the stipulated protective order
accommodates any need Barco may have to disclose these documents to manufacturers, suppliers
and vendors. See Dkt. 99, p. 9, para 7.2(i) (Stip. Protective Order). Barco’s attempt to disrupt
the existing balance based on the oversight of TPL’s counsel should be denie