Cisco Systems, Inc. v. Dexon Computer, Inc.

Opinion

1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 CISCO SYSTEMS, INC., et al., Case No. 20-cv-04926-CRB

9 Plaintiffs,

ORDER RE: ADMINISTRATIVE 10 v. MOTIONS TO FILE UNDER SEAL

11 DEXON COMPUTER, INC., et al., 12 Defendants.

13 Plaintiff Cisco Systems, Inc. (“Cisco”) and Defendant Dexon Computer, Inc. 14 (“Dexon”) have filed many, many administrative motions to seal portions of the parties’ 15 confidential or highly confidential material. This Order addresses the motions to seal that 16 relate to Cisco’s Motion for a Preliminary Injunction (dkt. 202) and Cisco’s Motion for 17 Leave to File a Second Amended Complaint (dkt. 205).1 As more particularly set forth 18 herein, the Court evaluates and resolves each of the parties’ sealing requests in these 19 various motions. 20 I. LEGAL STANDARD 21 A. Good Cause vs. Compelling Reason 22 We must first decide the standard for sealing that applies to Cisco’s motions and the 23 documents underlying them. Courts in the Ninth Circuit apply two standards to determine 24 whether to allow a document supporting a motion to remain under seal: the “compelling 25 reasons” standard, Kamakana, 447 F.3d at 1178, or the “good cause” exception, see 26 27 1 Phillips ex rel. Estates of Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1213–14 (9th Cir. 2 2002). Where a motion is “dispositive,” or “more than tangentially related to the merits of 3 a case,” the “compelling reasons” standard applies. Where the motion is “non-dispositive,” 4 or “unrelated, or only tangentially related, to the cause of action,” the “good cause” 5 standard applies. Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1098–1102 6 (9th Cir. 2016). 7 Dexon contends that, because a preliminary injunction motion is non-dispositive, 8 the Phillips “good cause” standard shall apply, but this argument misunderstands Ninth 9 Circuit precedent on this issue. In Center for Auto Safety, the Ninth Circuit decided 10 precisely the question to be resolved here: What standard should be applied to a 11 preliminary injunction motion which, while not strictly dispositive, was clearly relevant to 12 the merits of the case. 809 F.3d at 1102. The Court concluded that the “compelling 13 reasons” standard should apply because the motion was “more than tangentially related to 14 the merits,” in part because the relief the movant was seeking—“that Chrysler notify its 15 customers that there was a part in their vehicle which could require replacement and be 16 dangerous if it failed”—was one of the aspects of the ultimate relief plaintiffs sought in the 17 action as a whole. Id at 1102. So too here. In its prayer for relief in its complaint, Cisco 18 seeks to enjoin Dexon from selling counterfeit Cisco products; in its motion for a 19 preliminary injunction, Cisco seeks to enjoin Dexon from selling counterfeit Cisco 20 products. It would be difficult to find a motion that is more relevant to the merits than this 21 one. 22 Therefore, any documents put forth in support of that motion—though produced 23 pursuant to a protective order in the Texas Litigation—must meet the more stringent 24 “compelling reasons” standard to remain under seal.2 25 26 2 This standard also applies to any request to seal a portion of a complaint. See In re NVIDIA Corp. Derivative Litig., 2008 WL 1859067, at *3 (N.D. Cal. Apr. 23, 2008) (“[A] request to seal 27 all or part of a complaint must clearly meet the ‘compelling reasons’ standard and not the ‘good cause’ standard. While a complaint is not, per se, the actual pleading by which a suit may be B. Applying the “Compelling Reasons” Standard 1 In considering motions to seal, courts recognize “a strong presumption in favor of 2 access is the starting point.” Kamakana, 447 F.3d at 1178 (cleaned up). A request to seal 3 may be supported by compelling reasons if the documents or portions of documents at 4 issue are “sources of business information that might harm a litigant’s competitive 5 standing.” Ctr. for Auto Safety, 809 F.3d at 1097; see also Nixon, 435 U.S. at 598. “The 6 mere fact that the production of records may lead to a litigant's embarrassment, 7 incrimination, or exposure to further litigation will not, without more, compel the court to 8 seal its records.” Kamakana, 447 F.3d at 1179. Confidential business information in the 9 form of “license agreements, financial terms, details of confidential licensing negotiations, 10 and business strategies” can be “compelling reasons” to prevent competitors from 11 leveraging this information to harm the designating parties in future negotiations. See 12 Exeltis USA Inc. v. First Databank, Inc., No. 17-cv-04810-HSG, 2020 WL 2838812, at *1 13 (N.D. Cal. 2020) (citation omitted); In re Qualcomm Litig., No. 3:17-cv-0108-GPC-MDD, 14 2017 WL 5176922, at *2 (S.D. Cal. 2017). 15 If publicly disclosing that information would harm a designating party’s 16 competitive standing and divulge terms of confidential contracts or contract negotiations, 17 compelling reasons may exist to seal that information. See FTC v. Qualcomm Inc., No. 17- 18 cv-00220-LHK, 2019 WL 95922, at *3 (N.D. Cal. Jan. 3, 2019). However, the fact that 19 documents are subject to a protective order, or labeled as confidential under a protective 20 order, is not a compelling reason justifying continued sealing of the document if attached 21 to a dispositive motion. Foltz, 331 F.3d at 1136; see also Est. of Nunez by & through 22 Nunez v. Cnty. of San Diego, 386 F. Supp. 3d 1334 (S.D. Cal. 2019) (“[A] party does not 23 satisfy the compelling reasons standard to justify sealing documents merely by labeling 24 them as ‘CONFIDENTIAL.’”). 25 II. DISCUSSION 26 Under the compelling reasons standard, this Court proceeds to balance the interests 27 of the public in access to judicial records against the parties’ interest in sealing those 1 records. Ctr. for Auto Safety, 809 F.3d at 1092. We find that the designating parties have 2 satisfied the compelling reasons standard for some sealing requests but failed for others. 3 As described below, the Court denies the requests in whole or in part where either 4 Cisco or Dexon did not meet its burden to show that the at-issue portion could reveal 5 competitively damaging information sufficient to outweigh the public’s presumption of 6 public access to judicial records. Kamakana, 447 F.3d at 1178–79; Epic Games, Inc., 2021 7 WL 1925460, at *1, 4. For example, the Court denies several requests where the 8 designated material contains nothing more than conclusory allegations with no business 9 information. Where the requests are overbroad, the Court orders the parties to tailor the 10 redactions to the competitively damaging information and unseal the rest. 11 A. Cisco’s Second Amended Complaint (Dkt. 245) 12 Cisco filed an administrative motion to seal confidential Dexon material in its 13 second amended complaint. Dkt. 244. Dexon seeks sealing of fifty-two of those 14 statements.3 Dkt. 252. The Court’s rulings on these requests are as follows: Portions of Materials Designating Reasons Proffered Ruling 15 Requested to be Sealed Party for Sealing 16 Portions of ¶ 33 Dexon Proprietary Business GRANTED. 17 Record, containing sales information 18 Portions of ¶ 35 Dexon Proprietary Business DENIED. Dexon did Record, containing not meet its burden of 19 supplier information showing competitive 20 harm. 21 Portions of ¶ 37 Dexon Confidential Client GRANTED only as Communications consistent with the 22 redactions proposed 23 in Dkt. 208 at 2, lines 24 23–28. Entirety of ¶ 38 Dexon Confidential Client GRANTED only as 25 Communications consistent with the 26

27 3 To the extent that Dexon does not seek sealing of any statement for which it is the redactions proposed 1 in Dkt. 208 at 2, lines 2 23–28. 3 Entirety of footnote 1 Dexon Confidential Client GRANTED. Communications 4 Entirety of ¶ 40 Dexon Confidential Client GRANTED only as 5 Communications consistent with the redactions proposed 6 in Dkt. 208 at 2, lines 7 23–28. Entirety of ¶ 41 Dexon Confidential Client GRANTED only as 8 Communications consistent with the 9 redactions proposed 10 in Dkt. 208 at 2, lines 23–28. 11 Heading (4) and entirety Dexon Confidential Client GRANTED only as 12 of ¶ 60 Communications consistent with the redactions proposed 13 in Dkt. 208 at 2, lines 14 23–28. 15 Portions of ¶ 80 Dexon Confidential Client GRANTED only as Communications consistent with the 16 redactions proposed 17 in Dkt. 208 at 2, lines 18 23–28. Portions of ¶ 81 Dexon Confidential Client GRANTED only as 19 Communications consistent with the 20 redactions proposed in Dkt. 208 at 2, lines 21 23–28. 22 Portions of ¶ 82 Dexon Confidential Client GRANTED only as 23 Communications consistent with the redactions proposed 24 in Dkt. 208 at 2, lines 25 23–28. Entirety of ¶ 84 Dexon Confidential Client GRANTED only as 26 Communications consistent with the 27 redactions proposed 23–28. 1 Portions of ¶ 85 Dexon Confidential Client GRANTED only as 2 Communications consistent with the 3 redactions proposed in Dkt. 208 at 2, lines 4 23–28. 5 Portions of ¶ 87 Dexon Confidential Client GRANTED. Communications 6 Entirety of footnote 7 Dexon Confidential Client GRANTED only as 7 Communications consistent with the redactions proposed 8 in Dkt. 208 at 2, lines 9 23–28. 10 Portions of ¶ 88 Dexon Confidential Client GRANTED only as Communications consistent with the 11 redactions proposed 12 in Dkt. 208 at 2, lines 23–28. 13 Portions of ¶ 89 Dexon Confidential Client GRANTED only as 14 Communications consistent with the 15 redactions proposed in Dkt. 208 at 2, lines 16 23–28. 17 Entirety of ¶ 90 Dexon Confidential Client GRANTED only as 18 Communications consistent with the redactions proposed 19 in Dkt. 208 at 2, lines 20 23–28. Entirety of footnote 8 Dexon Confidential Client GRANTED only as 21 Communications consistent with the 22 redactions proposed 23 in Dkt. 208 at 2, lines 23–28. 24 Portions of ¶ 91 Dexon Confidential Client GRANTED only as 25 Communications consistent with the redactions proposed 26 in Dkt. 208 at 2, lines 27 23–28. Communications the number of licenses 1 listed in line 17 and in 2 line 18. 3 DENIED as to the rest 4 of ¶ 100. Dexon did 5 not meet its burden of showing competitive 6 harm. 7 Portions of ¶ 101 Dexon Confidential Client DENIED. Dexon did 8 Communications not meet its burden of showing competitive 9 harm. 10 Entirety of ¶ 102 Dexon Confidential Client GRANTED only as Communications consistent with the 11 redactions proposed 12 in Dkt. 208 at 2, lines 13 23–28. Entirety of ¶ 103 Dexon Confidential Client GRANTED only as 14 Communications consistent with the 15 redactions proposed 16 in Dkt. 208 at 2, lines 23–28. 17 Portions of ¶ 104 Dexon Confidential Client DENIED. Dexon did 18 Communications not meet its burden of showing competitive 19 harm. 20 Portions of ¶ 105 Dexon Confidential Client DENIED. Dexon did 21 Communications not meet its burden of showing competitive 22 harm. 23 Entirety of ¶ 107 Dexon Confidential Internal DENIED. Dexon did Business not meet its burden of 24 Communications showing competitive 25 harm. 26 Entirety of ¶ 108 Dexon Confidential Client GRANTED only as Communications consistent with the 27 redactions proposed 23–28. 1 Entirety of ¶ 109 Dexon Confidential Client GRANTED only as 2 Communications consistent with the 3 redactions proposed in Dkt. 208 at 2, lines 4 23–28. 5 Portions of ¶ 110 Dexon Confidential Client GRANTED only as Communications consistent with the 6 redactions proposed 7 in Dkt. 208 at 2, lines 8 23–28. Portions of ¶ 111 Dexon Confidential Client GRANTED only as 9 Communications consistent with the 10 redactions proposed 11 in Dkt. 208 at 2, lines 23–28. 12 Entirety of ¶ 115 Dexon Confidential Client GRANTED only as 13 Communications consistent with the redactions proposed 14 in Dkt. 208 at 2, lines 15 23–28. 16 Entirety of ¶ 116 Dexon Confidential Client GRANTED only as Communications consistent with the 17 redactions proposed 18 in Dkt. 208 at 2, lines 23–28. 19 Entirety of ¶ 117 Dexon Confidential Client DENIED. Dexon did 20 Communications not meet its burden of 21 showing competitive harm. 22 Entirety of ¶ 118 Dexon Confidential Client DENIED. Dexon did 23 Communications not meet its burden of showing competitive 24 harm. 25 Entirety of ¶ 119 Dexon Confidential Client DENIED. Dexon did 26 Communications not meet its burden of showing competitive 27 harm. Communications consistent with the 1 redactions proposed 2 in Dkt. 208 at 2, lines 3 23–28. Entirety of ¶ 121 Dexon Confidential Client GRANTED only as 4 Communications consistent with the 5 redactions proposed in Dkt. 208 at 2, lines 6 23–28. 7 Entirety of ¶ 122 Dexon Confidential Client GRANTED only as 8 Communications consistent with the redactions proposed 9 in Dkt. 208 at 2, lines 10 23–28. 11 Entirety of ¶ 123 Dexon Confidential Client GRANTED only as Communications consistent with the 12 redactions proposed 13 in Dkt. 208 at 2, lines 23–28. 14 Entirety of ¶ 127 Dexon Confidential Client GRANTED only as 15 Communications consistent with the 16 redactions proposed in Dkt. 208 at 2, lines 17 23–28. 18 Entirety of ¶ 128 Dexon Confidential Client GRANTED only as Communications consistent with the 19 redactions proposed 20 in Dkt. 208 at 2, lines 21 23–28. Entirety of ¶ 129 Dexon Confidential Client GRANTED only as 22 Communications consistent with the 23 redactions proposed in Dkt. 208 at 2, lines 24 23–28. 25 Entirety of ¶ 130 Dexon Confidential Client GRANTED only as 26 Communications consistent with the redactions proposed 27 in Dkt. 208 at 2, lines Entirety of ¶ 131 Dexon Confidential Client GRANTED only as 1 Communications consistent with the 2 redactions proposed 3 in Dkt. 208 at 2, lines 23–28. 4 Portions of ¶ 132 Dexon Confidential Client GRANTED only as 5 Communications consistent with the redactions proposed 6 in Dkt. 208 at 2, lines 7 23–28. 8 Entirety of ¶ 135 Dexon Proprietary Business GRANTED only for Record, containing the number of 9 supplier information SMARTNet Contracts 10 listed in line 21.

11 DENIED for the rest 12 of ¶ 135. Dexon did 13 not meet its burden of showing competitive 14 harm. 15 Portions of ¶ 136 Dexon Confidential Client GRANTED only as 16 Communications consistent with the redactions proposed 17 in Dkt. 208 at 2, lines 18 23–28. Portions of ¶ 165 Dexon Confidential Client GRANTED. 19 Communications 20 Portions of ¶ 180 Dexon Confidential Client DENIED. Dexon did Communications not meet its burden of 21 showing competitive 22 harm. 23 Entirety of ¶ 184, Dexon Confidential Client DENIED. Dexon did subparagraphs (i)-(vii) Communications not meet its burden of 24 showing competitive 25 harm. Portions of ¶ 184, Dexon Confidential Client DENIED. Dexon did 26 subparagraph (viii) Communications not meet its burden of 27 showing competitive Portions of ¶ 185, Dexon Confidential Client GRANTED only as 1 subparagraphs (i)-(ii) Communications consistent with the 2 redactions proposed 3 in Dkt. 208 at 2, lines 23–28. 4 For the rulings that reference Dkt. 208, Cisco shall revise the corresponding 5 designated material to redact only customer names (and identifying information), vendor 6 names (and identifying information), and pricing details. 7 B. Cisco’s Supplemental Brief in Support of Motion for Preliminary 8 Injunction (dkt. 248) 9 Cisco filed an administrative motion to seal confidential Dexon material in its 10 supplemental brief in support of its motion for preliminary judgment (dkt. 247). Dexon 11 seeks sealing of eight of those statements (dkt. 255). The Court’s rulings on these requests 12 are as follows: 13 Portions of Materials Designating Reasons Proffered Ruling Requested to be Sealed Party for Sealing 14 Page 4, lines 19–28 Dexon Confidential Client DENIED. Dexon 15 Communications did not meet its burden of showing 16 competitive harm. 17 Page 5, portions of line Dexon Proprietary Business GRANTED. 18 6 Records Page 5, portions of line Dexon Proprietary Business GRANTED. 19 10 Records 20 Page 5, portions of line Dexon Proprietary Business GRANTED. 21 13 Records Page 5, portions of line Dexon Proprietary Business GRANTED. 22 14 Records 23 Page 5, portions of line Dexon Proprietary Business DENIED. Dexon 15 Records did not meet its 24 burden of showing 25 competitive harm. 26 Page 5, portions of lines Dexon Proprietary Business GRANTED only as 18–19 Records consistent with the 27 redactions proposed lines 24–28. 1 Page 6, portions of line Dexon Proprietary Business GRANTED. 2 2 Records 3 For the rulings that reference Dkt. 209, Cisco shall revise the corresponding 4 designated material to redact only customer names (and identifying information), vendor 5 names (and identifying information), and pricing details. 6 C. Heidecker Declaration (dkt. 249) 7 Cisco filed an administrative motion to seal its own confidential material in Exhibit 8 1 to the declaration of Michael Heidecker, which is attached to Cisco’s supplemental brief 9 in support of its motion for preliminary judgment (dkt. 246). The Court’s ruling on that 10 one request is as follows: 11 Portions of Materials Designating Reasons Proffered Ruling Requested to be Sealed Party for Sealing 12 Entirety of Exhibit 1 Cisco Executive Summary GRANTED. 13 Reports 14 D. Nelson Declaration (dkt. 250) 15 Cisco filed administrative motions to seal its own confidential material (dkt. 246) 16 and confidential Dexon material (dkt. 247) in the declaration of Richard J. Nelson, which 17 is attached to Cisco’s supplemental brief in support of its motion for preliminary judgment. 18 Cisco seeks sealing of seven of those statements (dkt. 246). Dexon seeks sealing of 19 fourteen of those statements (dkt. 255). The Court’s rulings on these requests are as 20 follows: 21 Portions of Materials Designating Reasons Proffered Ruling Requested to be Sealed Party for Sealing 22 Portions of ¶ 4 Dexon Proprietary Business GRANTED only as 23 Records consistent with the redactions proposed 24 in Dkt. 209 at 2, 25 lines 24–28. 26 Portions of ¶ 5 Dexon Proprietary Business GRANTED only as Records consistent with the 27 redactions proposed lines 24–28. 1 Portions of ¶ 6 Dexon Proprietary Business GRANTED. 2 Records 3 Portions of ¶ 7 Dexon Proprietary Business GRANTED. 4 Records Portions of ¶ 9 Dexon Proprietary Business GRANTED. 5 Records 6 Portions of ¶ 10 Dexon Proprietary Business GRANTED. Records 7 Page 4, Entirety of Dexon Proprietary Business GRANTED. 8 Table Records 9 Page 5, Entirety of Dexon Proprietary Business GRANTED. Table Records 10 Portions of ¶ 14 Dexon Confidential Client DENIED. Dexon 11 Communications did not meet its 12 burden of showing competitive harm. 13 Portions of ¶ 15 Dexon Confidential Client DENIED. Dexon 14 Communications did not meet its burden of showing 15 competitive harm. 16 Portions of ¶ 16 Dexon Confidential Client DENIED. Dexon 17 Communications did not meet its burden of showing 18 competitive harm. 19 Entirety of Exhibit 1 Cisco Executive Summary GRANTED. Reports 20 Entirety of Exhibit 2 Cisco Executive Summary GRANTED. 21 Reports 22 Entirety of Exhibit 3 Cisco Executive Summary GRANTED. Reports 23 Entirety of Exhibit 4 Cisco Executive Summary GRANTED. 24 Reports 25 Entirety of Exhibit 5 Cisco Executive Summary GRANTED. Reports 26 Entirety of Exhibit 6 Cisco Executive Summary GRANTED. 27 Reports Reports 1 Entirety of Exhibit 10 Dexon Confidential Client GRANTED only as 2 Communications consistent with the 3 redactions proposed 4 in Dkt. 209 at 2, lines 24–28. 5 Entirety of Exhibit 11 Dexon Confidential Client GRANTED only as 6 Communications consistent with the redactions proposed 7 in Dkt. 209 at 2, 8 lines 24–28. 9 Entirety of Exhibit 12 Dexon Confidential Client GRANTED only as Communications consistent with the 10 redactions proposed 11 in Dkt. 209 at 2, lines 24–28. 12 For the rulings that reference Dkt. 209, Cisco shall revise the corresponding 13 designated material to redact only customer names (and identifying information), vendor 14 names (and identifying information), and pricing details. 15 16 E. Dexon’s Response to Cisco’s Supplemental Brief in Support of its Motion for Preliminary Judgment (dkt. 257) 17 Dexon filed administrative motions to seal its own confidential material, as well as 18 confidential Cisco material, in its response to Cisco’s supplemental brief in support of its 19 motion for preliminary judgment. See Dkt. 256. Cisco did not file a statement within 20 seven days of Dexon’s motion. See Civil L.R. 79-5. The sealing requests—twenty in 21 total—are therefore denied as to Cisco. However, because Dexon designated its own 22 confidential material in those same twenty statements, this Court will evaluate the requests 23 as to Dexon, ruling as follows: 24 Portions of Materials Designating Reasons Proffered Ruling Requested to be Sealed4 Party for Sealing 25 26

27 44 The page numbers in Dexon’s motion to seal do not match up with the redacted portions Page 1, portion of line Dexon Proprietary Business DENIED. Dexon did 1 18 Records not meet its burden 2 of showing 3 competitive harm. Page 1, portion of line Dexon Proprietary Business DENIED. Dexon did 4 22 Records not meet its burden 5 of showing competitive harm. 6 Page 2, portion of line Dexon Proprietary Business GRANTED. 7 19 Records 8 Page 3, portion of Dexon Proprietary Business DENIED. Dexon did footnote 3 Records not meet its burden 9 of showing 10 competitive harm. Page 4, portion of line 4 Dexon Proprietary Business DENIED. Dexon did 11 Records not meet its burden 12 of showing competitive harm. 13 Page 4, portion of line 7 Dexon Proprietary Business DENIED. Dexon did 14 Records not meet its burden of showing 15 competitive harm. 16 Page 4, portion of line Dexon Proprietary Business DENIED. Dexon did 17 8–9 Records not meet its burden of showing 18 competitive harm. Page 4, portion of line Dexon Proprietary Business DENIED. Dexon did 19 11 Records not meet its burden 20 of showing competitive harm. 21 Page 5, line 1 Dexon Proprietary Business DENIED. Dexon did 22 Records not meet its burden of showing 23 competitive harm. 24 Page 5, portion of lines Dexon Proprietary Business DENIED. Dexon did 25 2–3 Records not meet its burden of showing 26 competitive harm. Page 5, portion of 5–6 Dexon Proprietary Business DENIED. Dexon did 27 Records not meet its burden of showing 1 competitive harm. 2 Page 5, portion of lines Dexon Proprietary Business DENIED. Dexon did 6–8 Records not meet its burden 3 of showing 4 competitive harm. 5 Page 7, portion of line Dexon Confidential Client GRANTED only as 15 Communications or consistent with the 6 Proprietary Business redactions proposed 7 Records in Dkt. 209 at 2, lines 24–28. 8 Page 8, portion of line 1 Dexon Confidential Client DENIED. Dexon did 9 Communications or not meet its burden 10 Proprietary Business of showing competitive harm. Records 11 Page 8, portion of lines Dexon Confidential Client DENIED. Dexon did 12 4–6 Communications or not meet its burden Proprietary Business of showing 13 competitive harm. Records 14 Page 8, portion of 6–7 Dexon Confidential Client DENIED. Dexon did 15 Communications or not meet its burden Proprietary Business of showing 16 Records competitive harm. 17 Page 8, portion of lines Dexon Confidential Client GRANTED only as 18 7–10 Communications or consistent with the Proprietary Business redactions proposed 19 Records in Dkt. 209 at 2, lines 20 24–28. Page 8, portion of lines Dexon Confidential Client GRANTED only as 21 10–12 Communications or consistent with the 22 Proprietary Business redactions proposed 23 Records in Dkt. 209 at 2, lines 24–28. 24 Page 8, portion of line Dexon Confidential Client GRANTED only as 25 14 Communications or consistent with the Proprietary Business redactions proposed 26 in Dkt. 209 at 2, lines Records 27 24–28. Page 8, portion of lines Dexon Confidential Client DENIED. Dexon did 20–21 Communications or of showing 1 Proprietary Business competitive harm. 2 Records 3 For the rulings that reference Dkt. 209, Dexon shall revise the corresponding 4 designated material to redact only customer names (and identifying information), vendor 5 names (and identifying information), and pricing details. 6 F. Lafeber Declaration, Exhibit A, Exhibit B (dkts. 257-1, 257-2, 257-3) 7 Dexon filed an administrative motion to seal its own confidential material in the 8 declaration of Michael Lafeber and Exhibits A and B, which are attached to its response to 9 Cisco’s supplemental brief in support of its motion for preliminary judgment. Dkt. 256. 10 The Court’s rulings on these requests are as follows: 11 Portions of Materials Designating Reasons Proffered Ruling Requested to be Sealed Party for Sealing 12 Lafeber Decl., portion Dexon Proprietary Business DENIED. Dexon did 13 of ¶ 3 Records not meet its burden of showing 14 competitive harm 15 Exhibit A Dexon Proprietary Business GRANTED only as 16 Records consistent with the redactions proposed 17 in Dkt. 209 at 2, lines 18 24–28. 19 Exhibit B Dexon Proprietary Business GRANTED only as Records consistent with the 20 redactions proposed in Dkt. 209 at 2, lines 21 24–28. 22 For the rulings that reference Dkt. 209, Dexon shall revise the corresponding 23 designated material to redact only customer names (and identifying information), vendor 24 names (and identifying information), and pricing details. 25 G. Dexon’s Response to Cisco’s Revised Proposed Injunction (dkt. 260) 26 Dexon filed an administrative motion to seal its own confidential material, as well 27 as Cisco’s confidential material, in its response to Cisco’s revised proposed injunction. 1 Dkt. 259. Cisco did not file a statement within seven days of Dexon’s motion, so the 2 material designated by only Cisco shall be unsealed. See Civil L.R. 79-5. The Court’s 3 rulings on Dexon’s three sealing requests are as follows: Portions of Materials Designating Reasons Proffered Ruling 4 Requested to be Sealed Party for Sealing 5 Page 10, portions of Dexon Proprietary Business GRANTED. 6 lines 12–16 Records Page 11, portions of Dexon Proprietary Business DENIED. Dexon did 7 lines 5–9 Records not meet its burden 8 of showing competitive harm. 9 Page 11, lines 9–12 Dexon Proprietary Business DENIED. Dexon did 10 Records not meet its burden 11 of showing competitive harm. 12 13 H. Kaas Declaration (dkt. 260-1) Dexon filed an administrative motion to seal its own confidential material in the 14 declaration of Leo Kaas, attached to its response to Cisco’s revised proposed injunction. 15 Dkt. 259. The Court’s rulings on Dexon’s three requests are as follows: 16 Portions of Materials Designating Reasons Proffered Ruling 17 Requested to be Sealed Party for Sealing 18 Page 2, ¶ 6 Dexon Proprietary Business GRANTED. Records 19 Page 3, portions of ¶ 10 Dexon Proprietary Business DENIED. Dexon did 20 Records not meet its burden of showing 21 competitive harm. 22 Page 3, ¶ 11 Dexon Proprietary Business DENIED. Dexon did 23 Records not meet its burden of showing 24 competitive harm. 25 I. Cisco’s Motion to Strike (dkt. 263) 26 Cisco filed an administrative motion to seal its own confidential material (dkt. 261), 27 as well as confidential Dexon material (dkt. 262), in its motion to strike Dexon’s 1 supplemental brief. Cisco seeks sealing of two of those statements. Dkt. 261. So does 2 Dexon. Dkt. 267. The Court’s rulings on these requests are as follows: Portions of Materials Designating Reasons Proffered Ruling 3 Requested to be Sealed Party for Sealing 4 Page 3, lines 25–285 Cisco Details of Proprietary GRANTED. 5 Business Tool Page 4, lines 1–206 Cisco Details of Proprietary GRANTED. 6 Business Tool 7 Page 5, portions of line Dexon Proprietary Business GRANTED. 27 Records 8 Page 5, portions of line Dexon Proprietary Business GRANTED. 9 28 Records 10 J. Nelson Declaration (dkt. 263-1) 11 Cisco filed an administrative motion to seal its own confidential material in the 12 declaration of Richard J. Nelson, attached to its motion to strike Dexon’s supplemental 13 brief. Dkt. 261. The Court’s rulings on these nine requests are as follows: 14 Portions of Materials Designating Reasons Proffered Ruling Requested to be Sealed Party for Sealing 15 Entirety of ¶ 6(a) Cisco Details of Proprietary GRANTED. 16 Business Tool 17 Entirety of ¶ 6(b) Cisco Details of Proprietary GRANTED. Business Tool 18 Entirety of ¶ 6(c) Cisco Details of Proprietary GRANTED. 19 Business Tool 20 Entirety of ¶ 6(d) Cisco Details of Proprietary GRANTED. Business Tool 21 Entirety of ¶ 6(e) Cisco Details of Proprietary GRANTED. 22 Business Tool Entirety of ¶ 6(f) Cisco Details of Proprietary GRANTED. 23 Business Tool 24 Entirety of ¶ 6(g) Cisco Details of Proprietary GRANTED. 25 Business Tool 26

27 5 This page number is based on the redacted portions in Cisco’s motion to strike. Dkt. 263. Entirety of ¶ 6(h) Cisco Details of Proprietary GRANTED. 1 Business Tool 2 Entirety of ¶ 7 Cisco Details of Proprietary GRANTED. 3 Business Tool 4 K. Exhibit to Dexon’s Response to Cisco’s Motion to Strike (dkt. 274-4) 5 Dexon filed an administrative motion to seal confidential Cisco material in Exhibit 6 C to its response to Cisco’s motion to strike (dkt. 273).7 Cisco did not file Redaction 7 Request by September 6, 2023. See Minute Order, Dkt. 265. Nor did it file a statement 8 within seven days of Dexon’s motion. See Civil L.R. 79-5. Therefore, this material shall 9 be unsealed. 10 L. Dexon’s Partial Answer to Cisco’s Amended Complaint (dkt. 272) 11 Dexon files an administrative motion to seal its own confidential material in its 12 partial answer to Cisco’s second amended complaint. Dkt. 271. The Court’s rulings on 13 Dexon’s ten requests are as follows: Portions of Materials Designating Reasons Proffered Ruling 14 Requested to be Sealed Party for Sealing 15 Page 8, lines 4–5 Dexon Confidential Client GRANTED only as 16 Communications, consistent with the Proprietary Business redactions proposed 17 Records, and in Dkt. 208 at 2, lines 18 Confidential Internal 23–28. Business 19 Communications 20 Page 11, portions of Dexon Confidential Client GRANTED. 21 lines 17–18 Communications, Proprietary Business 22 Records, and 23 Confidential Internal Business 24 Communications 25 Page 11, portions of Dexon Confidential Client GRANTED. 26 lines 22–23 Communications, Proprietary Business 27 Records, and 1 Confidential Internal 2 Business 3 Communications Page 12, portions of line Dexon Confidential Client GRANTED. 4 1 Communications, 5 Proprietary Business Records, and 6 Confidential Internal 7 Business 8 Communications Page 12, portions of line Dexon Confidential Client GRANTED. 9 10 Communications, 10 Proprietary Business Records, and 11 Confidential Internal 12 Business 13 Communications Page 12, portions of line Dexon Confidential Client GRANTED. 14 21 Communications, 15 Proprietary Business 16 Records, and Confidential Internal 17 Business 18 Communications Page 14, portions of line Dexon Confidential Client GRANTED. 19 21 Communications, 20 Proprietary Business 21 Records, and Confidential Internal 22 Business 23 Communications Page 14, portions of line Dexon Confidential Client GRANTED. 24 25 Communications, 25 Proprietary Business 26 Records, and Confidential Internal 27 Business 1 Page 15, portions of line | Dexon Confidential Client GRANTED. 2 Communications, 2 Proprietary Business 3 Records, and Confidential Internal 4 Business 5 Communications 6 Page 15, portions of line | Dexon Confidential Client GRANTED. 13 Communications, 7 Proprietary Business 8 Records, and 9 Confidential Internal Business 10 Communications 11 For the rulings that reference Dkt. 208, Dexon shall revise the corresponding 12 designated material to redact only customer names (and identifying information), vendor

= 13 |) names (and identifying information), and pricing details.

|4 1. CONCLUSION 2 15 The Court’s rulings are reflected in the charts included throughout this Order.

q 16 The moving party shall publicly file revised versions of the documents pursuant to 5 17 |) this Order and Civil Local Rule 79-5(g) within 21 days of this Order. = 18 For each ruling that refers to Dkt. 208 or Dkt. 209, the revised designated material 19 |) shall only redact customer names (and identifying information), vendor names (and 20 || identifying information), and pricing details. See sections A, B, D, E, F, and L. 21 This Order disposes of Docket Nos. 244, 246, 247, 256, 259, 261, 262, 271, and 22 || 273. 23 IT IS SO ORDERED. Say 24 Dated: September 14, 2023 ZL CHARLES R. BREYER 25 United States District Judge 26 27 28